What subjects are accepted as officials in Vietnam?

According to Article 18 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, subjects accepted as officials include:

- Public employees working at public non-business units;

- Commune-level officials;

- Salary earners in the people's armed forces, people working in cipher organizations but are not officials;

- Chairman of the Members' Council, Chairman of the Board of Directors, President of the company, Member of the Members' Council, Member of the Board of Directors, Controllers, General Director, Deputy General Director, Director, Deputy Directors, chief accountants and persons holding managerial positions or titles from departmental level or higher in enterprises in which 100% of charter capital is held by the State, enterprises in which more than 50% of charter capital is held by the State, or total number of shares with voting rights;

- Persons who used to be officials from district level or higher and then transferred or rotated by competent authorities to hold working positions are not officials at other agencies and organizations.

In addition, based on the requirements of the job position to be recruited, the head of a officials management agency is entitled to consider and accept candidates as an official in the cases specified in Clause 1 of this Article if he/she meets the requirements for registration for officials recruitment as prescribed in Clause 1 Article 36 of the Law on Officials, is not within the time limit for disciplinary action, not during the implementation of the regulations related to discipline specified in Article 82 of the Law on Officials amended and supplemented in Clause 17 Article 1 of the Law on Amendments to Law on Officials and Public Employees of Vietnam and the following standards and conditions:

- In the case specified at Points a, b and c, Clause 1, Article 18, they must have worked for a full 05 years or more (excluding the probationary period, if there is a non-continuous working time, it will be accumulated, including the working time, if any, at the job position in the cases specified at Points a, b, c and d, Clause 1, Article 18) doing jobs that require appropriate professional training with the job position to be recruited;

- In the case specified at Point d, Clause 1, Article 18, only the reception for appointment as an official holding a leadership or managerial position is required, and must have worked for a full 05 years or more (excluding the probationary period) is suitable for the receiving field and must be planned for the appointed position or equivalent position;

- The case specified at Point dd, Clause 1, Article 18 must be transferred or rotated by a competent authority to work at agencies, organizations and units in the political system according to the requirements of their tasks and not required having worked for 5 years or more at the agency, organization or unit to be transferred or rotated; when admitted as officials, they are not required to set up an examination council.

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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