Vietnam: Procedures for re-appointment of leading and managerial officials from December 01, 2020

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

Thủ tục bổ nhiệm lại công chức lãnh đạo, quản lý, Nghị định 138/2020/NĐ-CP

According to Article 52 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, procedures for re-appointment of leading and managerial officials are as follows:

- No later than 90 days before the expiration of the appointment period, the appointing authority must issue a notice of implementation of the process of considering and re-appointing officials.

- The official shall make a report to self-review and evaluate the performance of his/her responsibilities and duties within the term of holding the position and send it to the competent authority to appoint.

- Organize a meeting of key officials to collect opinions on the re-appointment:

+ Composition: Perform as specified in step 4 of the process of appointing officials to hold leadership and management positions.

+ Order of implementation: Officials are considered for re-appointment to report on self-reflection and assessment of the performance of their responsibilities and duties during their time in office; meeting to give opinions and vote of confidence by secret ballot for public employees to be considered for re-appointment.

Minutes of the meeting and minutes of vote counting shall be sent to the appointing authority. The results of the vote counting were not announced at this conference.

- Leaders of agencies and organizations discuss and vote on personnel:

+ Composition: Perform as specified in step 5 of the process of appointing officials to hold leadership and management positions.

+ The order of execution:

+ Analysis of voting results at key staff meetings. Officials proposed for re-appointment must reach a rate of more than 50% of the total number of people convened to participate in the introductory key officials conference;

+ 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 re-appointment;

+ The leadership team discusses, comments, evaluates and votes on personnel by secret ballot. The personnel proposed for re-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 for competent authorities to consider and decide;

+ Issue a decision on re-appointment according to its competence or submit it to a competent agency 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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