New regulations on standards for the position of Deputy Minister of Vietnam as of May 1, 2024

New regulations on standards for the position of Deputy Minister of Vietnam as of May 1, 2024 (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On March 6, 2024, the Government issued Decree 29/2024/ND-CP regulating standards for leadership and management civil servant positions in state administrative agencies, taking effect on May 1, 2024.

New regulations on standards for the position of Deputy Minister of Vietnam as of May 1, 2024

According to Article 10 of Decree 29/2024/ND-CP, the standards for the position of Deputy Minister are as follows:

Deputy Minister is the deputy of the Minister or Head of ministerial-level agencies (hereinafter referred to as Minister), assisting the Minister in leading, directing, and managing one or several sectors, fields, and specialized areas of work as assigned by the Minister; be responsible before the Minister and before the law for assigned responsibilities and tasks.

- The Deputy Minister must meet the following standards:

(1) Regarding political ideology

- Loyal to the interests of the Party, the country, the nation, and the people; steadfast in Marxism-Leninism, Ho Chi Minh's thought, goals, and ideals of national independence, socialism, and the Party's innovation path.

- Have a strong stance, viewpoint, and political courage, resolutely fight to protect the Party's Platform and guidelines, the Constitution, and the law.

- Have a patriotic spirit, placing the interests of the party, the nation, the people, and the collective above personal interests.

- Comply with assignments from agencies and organizations; comply with speech discipline in accordance with the Party's principles and regulations and the law.

(2) Regarding ethics, lifestyle, and sense of discipline

- Have pure and exemplary moral qualities; an honest, humble, sincere, and simple lifestyle; a spirit of diligence, frugality, integrity, honesty, and impartiality; no corruption or self-interest; and do not let relatives or acquaintances take advantage of your position and authority for personal gain.

- Have high responsibility for work.

- Have a spirit of solidarity and exemplary behavior; have the ability to employ and utilize talented people, guide and help comrades and colleagues; Pay attention to the material and spiritual lives of civil servants, public employees, and workers.

- Actively fight to prevent manifestations of deterioration in political ideology, ethics, lifestyle, and manifestations of "self-evolution" and "self-transformation" internally; fight against corruption, waste, negativity, opportunistic lifestyles, factions, and group interests.

- Comply and strictly implement the principles of organization, discipline, democratic centralism, self-criticism, and criticism; Implement the regulations, rules, and policies of agencies, organizations, and units where you work; Report fully and honestly to superiors; Provide accurate, timely, and objective information when requested; Implement the declaration and disclosure of assets and income according to regulations.

(3) Regarding qualifications

- Have graduated from a university or higher in accordance with the industry and field of work according to the regulations of competent authorities.

- Regarding political theory: have a bachelor's degree in politics, advanced political theory, or advanced political-administrative theory, or have a certificate equivalent to an advanced level in political theory from a competent agency.

- Regarding state management: have a certificate of fostering state management knowledge and skills for civil servants with senior specialist rank and equivalent

- Have foreign language proficiency appropriate to leadership and management positions according to the regulations of the ministry, branch, or locality where you work, or be able to use ethnic minority languages in the case of job positions directly related to ethnic minorities or jobs working in ethnic minority areas. The determination of foreign language proficiency and cases of equivalent diplomas and certificates shall be carried out in accordance with the provisions of law.

(4) Regarding capacity and reputation

- Have innovative thinking and scientific working methods; have the ability to synthesize, analyze, and forecast.

- Master the contents of state management and legal regulations in the industry and field; be able to detect limitations and inadequacies in practice and propose solutions.

- Be capable of implementing the party's  guidelines and policies and organizing the implementation of legal regulations.

- Have the ability to gather and promote the combined strength of groups and individuals; be dynamic, creative, dare to think, dare to do, dare to take responsibility for the common good; have outstanding achievements, have specific products during the work process in accordance with the standards of positions and titles expected to be appointed.

- Have the ability to lead, direct, and organize the implementation of professional work.

(5) Regarding health, age, work experience

- Healthy enough to complete assigned tasks.

- Have guaranteed age of appointment; plan for the position or title expected to be appointed or an equivalent or higher position or title according to regulations.

- Have specific achievements, results, and products during the work process; in the case of appointing personnel from outside sources, specific achievements, results, and products must ensure compliance with the standards of positions and titles expected to be appointed.

- Have practical experience and appropriate working time:

+ In case of appointment from local human resources

In case the agency or organization currently working has constituent units: Ensure that you have experienced the leadership and management positions of the constituent units; The time holding the position or title currently held or an equivalent position or title adjacent to the position or title expected to be appointed is at least 02 years (24 months). If not consecutive, it is cumulative.
(only cumulative for time holding equivalent positions or titles);

In case the agency or organization currently working does not have a constituent unit: Ensure continuous working time in the industry or field corresponding to each specific position and title, according to regulations.

+ In case of appointing personnel from external sources

In case the agency or organization currently working does not have a constituent unit: Ensure continuous working time in the industry or field corresponding to each specific position and title according to regulations;

In case the agency or organization currently working has a constituent unit and is expected to be appointed at an agency or organization that does not have a constituent unit: Ensure that the period of holding the position or title is equivalent to the position or title expected to be appointed according to the provisions of Point a, Clause 4, Article 8 of Decree 29/2024/ND-CP;

In case the agency or organization currently working has a constituent unit and is expected to be appointed to an agency or organization with a constituent unit: Ensuring that the period of holding a position or title is equivalent to the position or title expected to be appointed according to the provisions of Point a of this Clause; or ensuring continuous working time in the industry or field corresponding to each specific position and title according to regulations;

+ In cases where, before appointment, there has been a period of holding a position or title, it is determined that the position or title is equal to, equivalent to, or higher than the position or title expected to be appointed, that time is counted towards the time holding the equivalent position or title to accumulate; this does not apply to cases of dismissal or demotion.

In case of a first appointment at an agency or organization with a constituent unit that has previously worked at the constituent unit, the working time at the constituent unit is counted as continuous working time in the industry or field, ensuring that the total working time is not lower than the total minimum time holding positions and titles below the position and title expected to be appointed.

- Special cases (regarding age, practical experience, appointment beyond level, and planning) are considered and decided by the competent appointing authority according to the management hierarchy.

(6) Other standards for the Deputy Minister

- Have an objective, comprehensive, dialectical, historical perspective; Deep understanding of law, state management of industry, management fields, and international practices;

- Competency: advise on planning strategic issues for industry and field development; Direct the development and effective implementation of legal documents, topics, projects, programs, term and annual work plans of the industry and field; direct or directly solve difficult and complex problems in industries and fields; direct the implementation of administrative reform, civil service, and official regimes; Direct the implementation of inspection, examination, and handling according to the provisions of the law; direct the resolution of petitions, complaints, and denunciations of organizations and citizens under its authority; Implement coordination between ministries, branches, and the central government and localities to synchronously, consistently, and effectively implement the Party's guidelines, policies, and laws;

- Currently holding positions: Director General and equivalent; Deputy Director General and equivalent (have experienced the position of Director General and equivalent in the Ministry); Director of Department and equivalent under the Ministry; Vice Chairman of the People's Council, Provincial People's Committee, or equivalent position or higher according to regulations of the competent authority.

Note: Some special cases applying title standards when appointing are as follows:

- In the case of appointing personnel from external sources, it is not necessary to ensure that they have previously held positions of leadership or management at a lower level directly at the intended agency, organization, or unit.

- In the event that the Deputy Minister is appointed to hold an equivalent position or title or concurrently holds another position or title, it is not necessary to ensure full standards for the equivalent or concurrent position or title.

- In the case of being currently employed in the armed forces, public career units, state-owned enterprises, or other agencies and organizations within the political system who are being transferred or appointed to leadership or managerial positions in state administrative agencies, they must meet the standards and conditions as prescribed in this Decree, but they are not required to immediately meet the standards for state management as prescribed by the intended position. In these cases, the standards must be fulfilled within a period of 12 months from the date of the appointment decision.

Nguyen Ngoc Que Anh

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