Vietnam: Procedures for appointment of leading officials under local jurisdiction

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

Step 1: Based on the guidelines, requirements and tasks of agencies, organizations and human resources in the planning, the leadership team discusses and proposes the structure, standards, conditions and introduction process. personnel.

Composition: The head, the deputy of the head of the agency or organization and the head of the agency advising on the organization and personnel.

The results of discussions and proposals are recorded in minutes.

Step 2: The leadership team expands to discuss and agree on the structure, standards, conditions, process of introducing personnel and introduce personnel by secret ballot.

Composition: The head, deputy head of the agency or organization; standing committee of the same level; heads of agencies, organizations, and subordinate units. The meeting must be attended by at least 2/3 of the people convened.

Principles of introduction and selection: Each member recommends 01 person for a position; the person with the highest number of votes, reaching the ratio of more than 50% of the total number of people summoned to introduce, shall be selected. In case no one reaches more than 50%, then choose 02 people with the highest number of referral votes from the top to introduce in the next steps.

The nomination form of the appointed personnel shall be issued by the Organizing Committee of the conference, bearing the hanging seal of the agency or organization. The vote counting results are recorded in the minutes and not announced at this meeting.

Step 3: Collective leadership, based on the structure, standards, conditions, requirements, duties and responsiveness of civil servants; based on the results of introducing personnel in step 2, discuss and introduce personnel by secret ballot.

Compositions: Perform as specified in step 1.

Principles of introduction and selection: Each leading member introduces 01 person for a position among the personnel introduced in step 2 or introduces another person who meets the prescribed criteria and conditions; the person who gets the highest number of votes, or more than 50% of the total number of recommended leadership collective members, will be selected. In case no one achieves more than 50%, select the 02 people with the highest number of recommendation votes from the top down to get a vote of confidence at the key staff meeting.

The nomination form of the appointed personnel shall be issued by the Organizing Committee of the conference, bearing the hanging seal of the agency or organization. The vote counting results are recorded in minutes and announced at this meeting.

In case if the results of the introduction of the leadership team are different from the results detected, introduce personnel in step, report and explain clearly to the competent agency for consideration and direction before taking the next steps.

Step 4: Collect opinions of key personnel on personnel introduced by the leadership team in step 3 by secret ballot.

Composition: The head, deputy head of the agency or organization; standing committee of the same level; heads of socio-political organizations of agencies and organizations; heads, deputy heads of agencies and organizations under and under them. For agencies and organizations with less than 30 people or without a constituent organization, the participants include all officials of the agency or organization. The meeting must be attended by at least 2/3 of the people convened.

Step 5: The leadership team discusses and votes on personnel. Ingredients: Perform as specified in step 1.

The order of execution: Analysis of voting results at conferences; verify and conclude new problems (if any); collect opinions in writing from the standing committee of the party committee or the party committee of the agency (where there is no standing committee) on the personnel proposed for appointment; the leadership team discusses, comments, evaluates and votes on personnel (by secret ballot).

Selection principle: The person who gets the highest number of votes, or more than 50% of the total number of recommended members of the leadership collective, will be selected to propose for appointment. In case there are 2 people with the same number of votes (at 50%), select personnel recommended by the head to request for appointment; at the same time fully report different opinions for competent authorities to consider and decide.

Voting votes for appointed personnel issued by the Conference Organizing Committee, bearing the hanging seal of the agency or organization. The vote counting results are recorded in minutes.

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

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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