Vietnam: Mobilizing officials who are currently holding leadership positions must reserve position allowances for 06 months

On November 27, 2020, the Government of Vietnam issued the Decree No. 138/2020/NĐ-CP on recruitment, employment and management of officials.

The mobilization of officials is one of the forms of using officials mentioned in Chapter III of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government. According to Clause 1 Article 26 of this Decree, the mobilization of officials shall be carried out in the following cases:

- According to the requirements of specific tasks;

- According to plannings and plans on use of officials within agencies and organizations and between agencies and organizations under decisions of competent agencies;

- Changing working positions according to the Party's regulations and laws.

When dispatching officials, agencies must ensure the regimes and policies specified in Article 28 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government. In particular, if an official holding a leadership position is transferred to another place to work but the new position allowance is lower than the current one, the position allowance will be reserved for a period of 06 months:

Article 28. Regimes and policies for dispatched and seconded civil servants

1. Officials holding leadership and management positions who are dispatched or seconded to another working position and whose new position allowance is lower than the allowance for the position they currently hold may reserve their position allowance for a period of 06 months.

2. The agency or organization that appoints the seconded official shall pay salaries and ensure other benefits of the official during the seconded period, and arrange suitable work for the official upon the expiration of the seconded term.

3. In case officials are seconded to work in mountainous areas, border areas, islands, deep-lying, remote areas, ethnic minority areas, areas with extremely difficult socio-economic conditions, they are entitled to the preferential policies as prescribed by law.

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

Phuong Thanh


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