Applications and procedures for job position adjustment for officials in Vietnam from July 20, 2020

On June 1, 2020, the Government of Vietnam issued Decree 62/2020/ND-CP regulating job positions and staffing for officials.

File,  procedure  for  adjusting  official  job  positions

Applications and procedures for job position adjustment for officials in Vietnam from July 20, 2020 - Illustrated image

href="https://lawnet.vn/vb/nghi-dinh-62-2020-nd-cp-vi-tri-viec-lam-cong-chuc-6c66d.html">Decree 62/2020/ND-CP regulates the adjustment of job positions in agencies and organizations in the following cases:

- The agency or organization has one of the bases stipulated at Clause 1, Article 4 of Decree 62 changed;

- The agency or organization is reorganized according to the decision of the competent authority.

Regarding the procedure, the file for adjusting job positions in the above cases is regulated as follows:

Sequence for approval of job positions

Step 1: Agencies and organizations under ministries, ministerial-level agencies, agencies under the Government of Vietnam, organizations established by the Government of Vietnam or the Prime Minister that are not public service providers, People's Committees of provinces, and centrally-run cities based on Clause 1, Article 4 of Decree 62, and the guiding documents of competent authorities on job positions to build the job position scheme of their agencies, send it to the agencies and organizations stipulated at Clause 2, Article 7 of Decree 62 for appraisal.

Step 2: Agencies or organizations tasked with human resource organization within ministries, central authorities, and local authorities receive the dossier, appraise the job position scheme, compile the job positions of the agencies and organizations under the ministries, central authorities, and local authorities, and submit it to the competent authority for decision as stipulated at Clause 3, Article 7 of Decree 62.

Step 3: Heads of ministries, central authorities, and local authorities approve the job positions within the agencies and organizations under their management.

Application, content, and appraisal duration of the job position scheme of agencies and organizations

A dossier submitted for the job position scheme includes:

- A document requesting approval of the job position scheme;

- The job position scheme;

- Copies of documents from competent authorities stipulating the functions, tasks, powers, and organizational structure of the agency or organization; profession and professional management processes according to specialized legal regulations;

- Documents from competent authorities related to job position adjustment.

Content of the job position scheme:

- Legal basis for developing the job position scheme;

- Statistics and classification of work tasks according to functions, tasks, nature, and complexity level of each job within the agency;

- Determining job positions, including job descriptions, competency frameworks, and civil servant ranks for each job position;

- Compilation of job positions and the structure of civil servant ranks of the agency;

- Recommendations, if any.

Content of the appraisal:

- The dossier submitted for approval of the job position scheme;

- Legal basis for developing the job position scheme;

- Job positions and the structure of civil servant ranks of the agency.

Appraisal duration:

Within 40 working days (for first-time approval requests) or 25 working days (for adjustment requests) from the date of receiving complete dossiers, the agencies and organizations tasked with appraising the job position scheme stipulated at Clause 2, Article 7 of Decree 62 must complete the appraisal to submit it to the competent authorities for consideration and decision. If the competent authorities request adjustments or do not agree, the agencies and organizations tasked with the appraisal must notify in writing and clearly state the reasons.

Le Hai

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