This is a notable content in Decree 115/2020/ND-CP of the Government of Vietnam regulating the recruitment, use, and management of public employees, issued on September 25, 2020.
Management public employees upon the expiration of their term of office must be considered for reappointment (Illustration image)
To be specific, at Article 49 Decree 115/2020/ND-CP stipulates: "When the term of office of a public employee in a managerial position expires according to the appointment regulations, the competent authority or unit must carry out the reappointment process or extend the period of holding the managerial position." In cases where the reappointment process or the extension of the period of holding the managerial position has not been carried out according to regulations, the competent authority or unit must issue a written notice to inform the unit and the public employee.
- When the term of office of a managerial public employee expires, if there are less than 05 years of service remaining until the retirement age and they are reappointed, the appointment term is calculated until the retirement age according to regulations. In cases where there are less than 02 years of service remaining until the retirement age, the competent authority considers, if meeting all standards and conditions, to decide to extend the period of holding the managerial position until the retirement age according to regulations.
- The reappointment decision or the decision to extend the period of holding the managerial position must be issued at least 01 working day before the expiration of the appointment term.
- In cases where the managerial public employee’s term ends but no reappointment decision or extension decision has been issued by the competent authority, they shall not perform the duties and authorities of the current managerial position. The performance of duties and authorities of that managerial position is considered and decided by the competent authority.
- Cases where the reappointment process or the extension of the managerial position term has not been carried out:
- The managerial public employee is undergoing disciplinary action, under investigation, prosecution, or trial;- The managerial public employee is assigned by the competent authority to study or work abroad for 03 months or more;- The managerial public employee is undergoing inpatient treatment for 03 months or more at medical facilities or is on maternity leave according to policies.
For more details, see Decree 115/2020/ND-CP, effective from September 29, 2020.
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