Vietnam: When does the superior agency directly assume the prime responsibility for appointing managerial officials?

According to Article 47 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, order and procedures for appointing officials to hold leadership and management positions in case of consolidation, merger, split, re-organization or transformation of organizational model are as follows:

- In case of consolidation, merger, division, reorganization, or transformation of the organizational model of an agency or organization where the official's position currently held in the old agency or organization is equivalent to or higher than that of an official expected to take over at a new agency or organization or in case the name of an agency or organization is changed, the leadership collective and the head of the new agency or organization shall submit it to the competent authority for consideration and decision to change positions according to the corresponding new job position;

- In case of consolidation, merger, separation, re-organization, or transformation of the organizational model of an agency or organization, where the official's position currently held in the old agency or organization is lower than that of the official expected to be held in the new agency or organization, the appointment shall be made according to the appointment process for human resources from other places.

Besides, the direct superior agency shall assume the prime responsibility for implementing the appointment process in the following cases:

- Appointing heads and deputy heads of newly established agencies and organizations;

- In case of implementation of the appointment process, at that time, the agency or organization has only one leader who is the head or the deputy of the head;

- In the case of implementing the appointment process, at that time, the leaders of agencies and organizations lost their unity, where many people violated the discipline, if the appointment process is carried out, it will be unbiased;

- In case because of natural disasters, accidents or other force majeure reasons, the agency or organization no longer has a leader or manager.

* In case the agency or organization has not yet appointed the head, based on the requirements of the task, the appointing competent authority shall consider, decide and take responsibility for the assignment of powers or the assignment of responsibility to the agency or organization until the appointment of the head of the agency or organization. The time of assignment of authority or responsibility is not included in the time of holding the position when appointed.

* In case ministries, ministerial-level agencies and organizations established by the Government or the Prime Minister are not public non-business units, the People's Committees of central-affiliated provinces and cities shall pilot the leadership and management probationary regime and take the exam for leadership and management titles according to the Party's guidelines of the competent authority on the pilot organization.

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

Le Vy

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE