Regulations on reassignment in Vietnam

Regulations on reassignment in Vietnam (Internet image)

1. Reassignment rules in Vietnam

- State organizations shall periodically reassign their non-managerial officials and public employees in their organizations in order to prevent corruption. Reassignment of managerial officials shall comply with regulations on official reassignment.

- The reassignment shall be objective, reasonable and suitable for the reassigned persons’ capacity without affecting normal operation of the organizations.

- Reassignment shall be carried out under plans and disclosed within the organizations.

- It is prohibited to abuse reassignment for personal gain or for the purpose of victimizing officials and public employees.

- Regulations of Clauses 1 through 4 of Article 24 of the Anti-corruption Law 2018 may also be applied to the following non-managerial persons:

+ Commissioned officers, career military personnel, national defense workers and public employees of units of the People’s Army;

+ Commissioned officers, non-commissioned officers and workers of units of the People’s Police.

(Article 24 of the Anti-corruption Law 2018)

2. Reassignment methods in Vietnam

- The reassignment is made within the same speciality, profession from one department to another in the agencies, organizations and units; between fields, regions assigned to be monitored, responsible for, administered or between agencies, organizations or units under the management of the ministries, ministerial agencies, agencies affiliated to the government, local governments.

- The reassignment is made via assignment dispatching, appointing and allocating documents which apply to office holders as per law.

(Article 37 of Decree 59/2019/ND-CP)

3. Cases of delayed reassignment in Vietnam

- Individuals who are waiting for judgement or being disciplined.

- Individuals who are being examined, verified, inspected, investigated, prosecuted or adjudicated.

- Individuals who are receiving treatment for fatal diseases approved by competent medical agencies; individuals who are taking courses in the regular form for 12 months or higher, or being seconded.

- Women who are pregnant or raising children under 36 months old; men who are raising children under 36 months old due to loss of wife or in other objective cases.

(Article 38 of Decree 59/2019/ND-CP)

4. Elaborating on lists of positions subject to periodical reassignment and reassignment periods in Vietnam

- The Ministers, heads of ministerial agencies, heads of Governmental agencies elaborates the list and the reassignment periods in agencies, organizations, units affiliated to ministries, ministerial agencies, agencies affiliated to the government and under field, speciality management in local governments.

- The list of positions subject to periodical reassignment is specified in the Appendix issued together with Decree 59/2019/ND-CP.

(Article 36 of Decree 59/2019/ND-CP)

5. Reassignment plan in Vietnam

- The head of a state organization shall issue and publish annual reassignment plans.

- The reassignment plan shall specify the purposes, requirements and the positions subject to reassignment, time of reassignment, rights and obligations of reassigned personnel and implementation methods.

(Article 26 of the Anti-corruption Law 2018)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE