Procedures for appointment of officials holding a leading or managerial post under the management of ministries, central and local authorities in Vietnam from September 17, 2024

Procedures for appointment of officials holding a leading or managerial post under the management of ministries, central and local authorities in Vietnam from September 17, 2024​ (Image from the internet)

On September 17, 2024, the Government of Vietnam issued Decree 116/2024/ND-CP amending and supplementing a number of articles of Decree 138/2020/ND-CP on recruitment, use, and management of officials and Decree 06/2023/ND-CP on quality assessment for officials in Vietnam.

Procedures for appointing officials holding a leading or managerial post under the management authority of ministries, central and local authorities from September 17, 2024

According to Article 46 of Decree 138/2020/ND-CP (amended and supplemented by Decree 116/2024/ND-CP) on the sequence and procedures for appointing officials holding a leading or managerial post under the management authority of ministries, central and local authorities, are as follows:

(1) Request for appointment policy

- Agencies, organizations, and units that need to appoint officials holding a leading or managerial post shall submit a written request for appointment policy to the competent authority, clearly stating the number of positions and titles to be filled, the proposed personnel sources for appointment, and the expected assignment of domains and specific tasks;

- Within 15 working days from the date of receipt of the request, the competent authority shall consider and decide on the appointment policy, clearly determining the proposed personnel sources and other relevant contents (if any);

- Within 30 working days from the date of receiving the written appointment policy approval, the agency, organization, or unit must complete the personnel process according to regulations. If not completed, the agency, organization, or unit must report to the competent authority for review and direction.

(2) Implementation process for internal human resources

The internal human resources appointment process includes 05 steps; the conferences can only proceed when at least 2/3 of the summoned members are present.

The percentage of recommendation votes is calculated based on the total number of summoned members. Recommendation ballots at steps 2, 3, 4, and 5 are issued by the conference organizing committee and bear the official stamp of the agency, organization, or unit, or the direct signature of the chair in case the agency, organization, unit does not have a seal. The minutes of the conference and ballot counting results are recorded in the minutes. The number of recommendation ballots is prepared based on the number of summoned members and distributed according to the number of attendees.

The composition of summoned members is implemented according to regulations in this clause.

Step 1: Leadership collective conference (first time)

Based on the appointment policy, organizational requirements, and internal planning personnel, the head will preside with the leadership collective to review, agree on the structure, standards, conditions, personnel process, review the list of all those planned from the internal human resources (including personnel planned for equivalent or higher positions), review evaluation results and comments on each personnel in the plan, and approve the personnel list meeting the criteria and conditions for introduction in the next step. The introduced personnel list must meet the standards and conditions as prescribed by the Communist Party, by law, and be consistent with the appointment policy.

Composition: The head, deputy head of the agency, organization, or unit. Representatives of advisory departments on organization and personnel participate in the conference but do not vote.

The result of discussions and proposals is recorded in the minutes.

Step 2: Expanded leadership collective conference

The head exchanges the personnel orientation for appointment to the conference for discussion and introduction of personnel by secret ballot.

Composition: The leadership collective as prescribed in point a of this clause; the standing committee of the same-level party committee (for organizations at supra-based party levels) or the same-level party committee (for basic-level party organizations) of the agency, organization, or unit; heads of subordinate units (if any).

Principle of introduction and selection: Each member of the conference introduces one person for one position; the person who receives more than 50% of the recommendation votes will be selected. In case no one receives more than 50% of the recommendation votes, all those receiving votes from 30% up are introduced in the next step; if no one meets 30%, the process stops and is reported to the competent authority for review and direction.

The ballot counting result is not announced at this conference.

Step 3: Leadership collective conference (second time)

Based on the personnel introduction result in step 2, the leadership collective discusses and introduces personnel by secret ballot.

Composition: Implemented as prescribed in step 1.

Principle of introduction and selection: Each member introduces one person for one position from the personnel introduced in step 2 or introduces another eligible person according to the regulations; the person receiving the highest number of votes over 50% will be selected. In case no one receives more than 50% of the votes, all those receiving votes from 30% up are introduced in the next step; if no one meets 30%, the process stops and is reported to the competent authority for review and direction.

If the personnel introduced in this step differ from those in step 2, the leadership collective discusses, considers, and decides on the selection of personnel to introduce in the next step by secret ballot and is responsible for their decision. The selected person must receive at least 2/3 votes from the leadership collective members. If no one meets the required votes, the process stops and is reported to the competent authority for review and direction.

The ballot counting result is announced at this conference.

Step 4: Key official conference

Conduct opinions collection from key officials based on the personnel list introduced in step 3.

Composition: The expanded leadership collective as prescribed in point b of this clause; heads of political and social organizations of the agency, organization, or unit (if any); deputy heads of agencies, organizations, units, and subsidiaries (if any).

In case of appointing officials holding a leading or managerial post of constituent units or agencies, organizations, or units with less than 30 people or without subsidiary units, the composition includes all officials of the agency, organization, unit.

Opinion collection procedure: Announce the personnel list introduced in step 3; summarize the biography, work history, academic process, asset declarations, income declarations according to law; evaluate comments on strengths, weaknesses, development prospects, and projected tasks assignment.

Fill out or mark the personnel recommendation ballot (signing or not signing is optional). The ballot counting result is not announced at this conference.

Step 5: Leadership collective conference (third time)

Before conducting the conference, the agency, organization, or unit requests the same-level party committee to provide written evaluations and comments on personnel; carries out verification and conclusions on arising issues (if any) concerning the personnel.

The leadership collective discusses and votes on personnel.

Composition: Implemented as prescribed in step 1.

Procedure: Based on written evaluations and comments of the same-level party committee; results of ballots in conferences; verification conclusions on arising issues (if any) concerning the personnel proposed for appointment, the leadership collective discusses and votes on personnel by secret ballot.

Selection principle: The person receiving the highest number of votes over 50% will be selected for recommendation for appointment. In case of a tie with two people receiving 50%, the head considers and selects the personnel for recommendation; simultaneously, fully reports different opinions to the competent authority for review and decision.

The head of the agency, organization, or unit issues the appointment decision according to their authority or submits it to the competent authority for review and decision as prescribed.

(3) Appointment process for external human resources

In case personnel are proposed for transfer and appointment from external sources or proposed by the agency, organization, or unit (from external sources), the agency's advisory department on organization and personnel conducts works in 03 steps as follows:

Step 1: Exchange and collect opinions from the leadership collective of the agency, organization, or unit proposed for the appointment regarding the appointment policy.

Step 2: Exchange and collect opinions from the leadership collective of the agency, organization, or unit where the personnel currently work regarding the appointment policy. The leadership collective where the personnel currently work organizes a vote.

The proposed personnel must receive over 50% of the recommendation votes (based on the total number of summoned members); in cases of a tie, the head decides.

Collect evaluations and comments from the agency, organization, or unit and personnel dossiers according to regulations.

Meet the proposed personnel to discuss work requirements.

Step 3: Host and cooperate with related agencies, organizations, and units to evaluate the personnel and prepare a submission for the competent authority's review and decision.

In cases the personnel meet the standards and conditions according to regulations but there are different opinions between agencies, organizations or units (where the personnel currently work or proposed for appointment) or the proposed personnel, the advisory department on organization and personnel fully reports all opinions to the competent authority for review and decision.

The head of the agency, organization, or unit issues the appointment decision according to their authority or submits it to the competent authority for review and decision.

Note: Based on the specific conditions of the agency, organization, the Minister, head of the equivalent agency, head of the government, the Prime Minister of the government establishes organizations that are not public service providers, the Chairman of the People's Committee of the province, direct-controlled city, specifies in detail the jurisdiction, process, procedures for appointment, responsibility for organizing meeting steps. Specific decisions on the composition in each step of the appointment process for leadership and management positions under their purview must comply with the principle regulations set by the competent authority, provisions in this Decree, and related regulations in Vietnam.

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