Vietnam: Procedures for appointment of leading officials for human resources from other places

According to Article 46 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, the order and procedures for appointing officials to hold leadership and management positions under the management competence of ministries, branches and localities are as follows (for human resources from other places):

- In case the personnel is proposed by the agency or organization, the collective leadership of the agency or organization shall discuss and agree on the policy and perform the following tasks:

+ Meet with the personnel proposed to be appointed to discuss about the requirements of the job duties.

+ Discuss with the leadership team and the committees of the agency or organization where the person proposed to be appointed is working on the mobilization policy; collect comments and assessments of the collective leadership and committees of agencies and organizations for personnel; profile research, background verification.

+ Discuss, comment, evaluate and vote on personnel by secret ballot. The personnel proposed for appointment must reach the agreement of more than 50% of the total number of members of the leadership collective; in the case of personnel reaching the rate of 50%, it shall be decided by the head; at the same time fully report different opinions to competent authorities for consideration and decision.

+ Issue appointment decisions according to their competence or submit them to competent agencies for consideration and decision.

- In case the personnel expected to be mobilized or appointed by a competent superior agency from a source outside the agency or organization, the agency advising on personnel organization of the competent superior agency that plans to appoint or mobilize shall carry out the following tasks:

+ Discuss with the leadership team and the committees of the receiving agency or organization on the proposed assignment and appointment.

+ Discuss with leaders and committees of agencies and organizations where personnel are working on the policy of dispatching, appointing and collecting comments and assessments of the collective leadership and committees of agencies and organizations position; profile research, background verification.

+ Meet the personnel expected to be mobilized and appointed to discuss the requirements of work tasks.

+ Assume the prime responsibility for, and coordinate with relevant agencies in, appraisal of human resources.

+ Issue appointment decisions according to their competence or submit them to competent agencies for consideration and decision.

- Pursuant to the provisions of Clause 2 of this Article and the specific conditions of agencies, organizations, ministers, heads of ministerial-level agencies, heads of organizations established by the Government or Prime Minister that are not public non-business units, chairpersons of People's Committees of central-affiliated provinces and cities shall specify the participants in the steps in the process of appointing leadership and management titles within their respective areas of responsibility.

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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