Who is managerial public employee? Rights of managerial public employees in Vietnam

Who is managerial public employee? What are the rights of managerial public employees in Vietnam? - Xuan Thu (HCMC, Vietnam)

Who is managerial public employee? Rights of managerial public employees in Vietnam (Internet image)

1. Who is managerial public employee?

Clause 1, Article 3 of the Law on Public Employees 2010 stipulates that managerial public employee as follows:

Managerial public employee means a person appointed to hold a managerial post for a specified period, responsible for administering and organizing the performance of one or more than one work in a public non-business unit but not regarded as a civil servant, and receiving a managerial-post allowance.

2. Obligations of managerial public employees in Vietnam

Article 18 of the Law on Public Employees 2010 stipulates the obligations of managerial public employees as follows:

Managerial public employees shall perform the obligations specified in Articles 16 and 17 of this Law and the following obligations:

- To direct and organize the performance of tasks of their units according to assigned responsibilities and competence;

- To exercise democracy and preserve unity and professional ethics in units they are assigned to manage;

- To take responsibility or joint responsibility for professional activities carried out by public employees under their management;

- To build and develop human resources; to manage and effectively use physical facilities and financing sources in units they are assigned to manage;

- To organize the implementation of measures to prevent and combat corruption and practice thrift and combat wastefulness in units they arc assigned to manage.

3. Position term of a managerial public employee in Vietnam

In Article 43 of Decree 115/2020/ND-CP, the term of office holding is as follows:

- The term of holding a managerial position for each appointment is 5 years from the effective date of the appointment decision, except for the case of less than 5 years as prescribed by specialized laws.

- The term of a public employee holding a managerial position shall not exceed two consecutive terms in accordance with specialized laws.

4. Procedures for appointment of on-site managerial public employees

In Clauses 1 and 2, Article 46 of Decree 115/2020/ND-CP, the order and procedures for appointing managerial public employees are as follows:

Stage 1: Apply for appointment policy

- The public non-business unit wishing to appoint a managerial public employee must submit a written request to the agency or unit competent to appoint the appointment, the number and source of personnel and the proposed assignment of the work to the public administrative officer. personnel to be appointed.

- The agency or unit competent to appoint shall consider and decide on the policy of appointment no later than 10 days after receiving the request from the public non-business unit.

- No later than 15 days from the date on which the competent authority's written agreement on the appointment policy is received, the head of the public non-business unit must carry out the process of selecting personnel according to regulations.

Stage 2: Implement the appointment process for on-site human resources

Step 1: On the basis of the appointment policy, requirements of the unit's tasks and human resources in the planning, the leadership team discusses and proposes the structure, standards, conditions, and process of introducing personnel. the.

Composition: The head, deputy head of the head of the public non-business unit and the head of the staffing department advising on 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 and deputy head of the public non-business unit; standing committee of the same level; heads of subordinate and subordinate units. The meeting must be attended by at least 2/3 of the people convened.

Principle of introduction and selection: Each member introduces 01 person for a position;

The person with the highest number of votes and over 50% of the total number of people summoned to introduce will 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 is issued by the Organizing Committee of the conference, with the company's seal.

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 public employees; Based on the results of introducing personnel in step 2, discuss and introduce personnel by secret ballot.

Component: 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 team 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 is issued by the Organizing Committee of the conference, with the company's seal. 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 of the detection and introduction of personnel in step 2, then:

Report and explain clearly to the agency, the unit competent to appoint to consider and give directions before proceeding with the next steps.

The vote counting results are recorded in minutes and stored in the appointment file.

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

Composition: The head and deputy head of the public non-business unit;

Party committees, heads of socio-political organizations of public non-business units; heads, deputy heads, heads of specialized departments and units under and under their control.

For units with less than 30 employees or units without a constituent organization, the participants include all officers and employees on the regular payroll working at the unit.

The meeting must be attended by at least 2/3 of the people convened.

Order of comments:

Exchange and discuss the structure, standards, conditions, requirements and ability to meet the requirements and duties of personnel;

Announce the list of personnel introduced by the leadership team (in step 3); summary of curriculum vitae, study and work history;

Comment and evaluate advantages, disadvantages, strengths, weaknesses, development prospects; expected work assignment;

Record the vote of confidence (can be signed or not signed). The opinion form is issued by the Organizing Committee of the conference, with a hanging seal of the unit.

The vote counting results are recorded in the minutes and not announced at this meeting.

Step 5: The leadership team discusses and votes on personnel.

Ingredients: Perform as specified in step 1.

Order of implementation: 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 unit (where there is no standing committee) on the personnel proposed to be appointed; The leadership team discusses, comments, evaluates and votes on personnel by secret ballot.

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

Voting form for appointed personnel issued by the Conference Organizing Committee, with the unit's seal. The vote counting results are recorded in minutes.

Heads of public non-business units shall issue decisions on appointment according to their competence or submit them to competent agencies or units for consideration and decision.

Ngoc Nhi

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