Vietnam: Cases of non-appointment for leading and managerial officials

According to Article 49 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, officials holding leading and managerial positions, when the term of holding the appointed position expires as prescribed, the competent agency or organization must carry out the process of considering re-appointment or extending the time holding a leading or managerial position. If the process of re-appointment or extension of time holding a leadership or managerial position has not been carried out as prescribed in Clause 5 of this Article, the appointing authority must send a written notice to the agency or organization and officials know.

- At the end of the term of appointment of leading and managing officials, up to the month of full retirement age with less than 5 years of working remaining and re-appointed, the appointment period shall be counted to the time of reaching full retirement age as prescribed. If there are less than 2 years of working by the month of full retirement age, the appointing competent authority shall consider and, if all the criteria and conditions are satisfied, decide to extend the time holding the leading or managerial position for the employee up to the statutory retirement age.

- The decision to re-appoint or to extend the time holding a leadership or managerial position must be issued at least 1 working day before the expiration of the appointment period.

- In case a leading or managerial official expires without a decision on re-appointment or an extension of the time holding a leading or managerial position by a competent authority, he/she may not perform his/her duties and authority of current leadership and management positions. The performance of responsibilities, tasks and authority of such leadership or management positions shall be considered and decided by the appointing competent authorities.

Note: Cases where the process of re-appointment or extension of time holding leadership and management positions has not been carried out:

- Leading and managing officials who are within the disciplinary period, are being investigated, prosecuted or tried;

- Leading and managing officials who are being sent by a competent agency or organization to study or work abroad for 3 months or more;

- Leading and managing officials who are in inpatient treatment for 3 months or more at medical facilities or are on maternity leave.

View more details at the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, effective from December 01, 2020.

Le Vy

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