Criteria for re-appointment of civil servants and public employees in Vietnam

Criteria for re-appointment of civil servants and public employees in Vietnam (Internet image)

1. What is re-appointment?

Re-appointment means that the head of an agency has the power to appoint a leading cadre or civil servant to continue holding his/her current position when the appointment term expires.

2. Criteria for re-appointment of civil servants in Vietnam

Article 50 of Decree 138/2020/ND-CP stipulates the criteria and conditions for re-appointment as follows:

- Completing tasks within the term of leadership and management positions.

- Satisfying the standards for leadership and management titles as prescribed by competent agencies at the time of re-appointment.

- Agencies and organizations have demand for leadership and management positions.

- Meeting requirements on health to complete assigned tasks and responsibilities.

- Not falling into the cases of being prohibited from holding certain positions as prescribed by law.

3. Procedures for re-appointment of civil servants in Vietnam

According to Article 52 of Decree 138/2020/ND-CP, the re-appointment procedure is as follows:

- No later than 90 days before the expiration of the appointment period, the appointing authority must issue a notice of the implementation of the process of considering and re-appointing public employees.

- The civil servant makes a report to self-review and evaluate the performance of his/her duties and responsibilities within the term of holding the position and sends it to the competent authority for appointment.

- Organizing a meeting of key officials to collect opinions on the re-appointment.

Composition: Perform as specified in step 4 of the process of appointing civil servants to hold leadership and management positions.

Order of implementation: Civil servants are considered for re-appointment after reporting on self-reflection and evaluation of the performance of their responsibilities and duties during their time in office; they meet to give opinions and a vote of confidence by secret ballot for public employees to be considered for re-appointment.

Minutes of the meeting and minutes of vote counting shall be sent to the appointing authority. The results of the vote counting were not announced at this conference.

- Leaders of agencies and organizations discuss and vote on personnel:

Composition: Perform as specified in step 5 of the process of appointing civil servants to hold leadership and management positions.

The order of execution:

Analysis of voting results at key staff meetings. The number of civil servants proposed for re-appointment must reach more than 50% of the total number of people convened to participate in the introductory key cadre conference;

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 agency (where there is no standing committee) on the personnel proposed for re-appointment;

The leadership team discusses, comments on, evaluates, and votes on personnel by secret ballot. The personnel proposed for re-appointment must reach the agreement of more than 50% of the total number of members of the leadership collective; in the case of personnel reaching the rate of 50%, it shall be decided by the head; at the same time, fully report different opinions for competent authorities to consider and decide;

Issue a decision on re-appointment according to its competence or submit it to a competent agency for consideration and decision.

4. Criteria for re-appointment of public employees in Vietnam

Article 50 of Decree 138/2020/ND-CP stipulates the criteria and conditions for re-appointment of managerial officers as follows:

- Completing tasks within the term of the management position.

- Satisfying the standards for management titles as prescribed by competent agencies or units at the time of re-appointment.

- The unit has a demand for the position of management officer.

- Meeting requirements on health enough to complete assigned tasks and responsibilities.

- Not falling into the cases of being prohibited from holding certain positions as prescribed by law.

5. Procedures for re-appointment of public employees in Vietnam

Article 51 of Decree 138/2020/ND-CP, the implementation of procedures for the re-appointment of managerial officers is as follows:

- No later than 90 days before the expiration of the appointment time limit, the agency or unit competent to appoint must issue a notice to carry out the process of considering and re-appointing public employees.

- During the term of his/her position, the report-making officer shall self-assess and evaluate the performance of his/her duties and responsibilities and send it to the head of the agency or unit competent to appoint.

- Organizing a meeting of key officials to collect opinions on the re-appointment.

Composition: Perform as specified in step 4 of the process of appointing managerial officers.

Order of implementation: Officials are considered for re-appointment after reporting on self-reflection and assessment of the performance of their responsibilities and duties during their term of office. They then meet to give opinions and a vote of confidence by secret ballot for officials to be considered for re-appointment.

The minutes of the meeting and the minutes of counting of votes of confidence shall be sent to the head of the agency or unit competent to appoint. The results of the vote counting were not announced at this conference.

- Unit leaders discuss and vote on personnel.

Composition: Perform as specified in Step 5 of the process of appointing managerial officers.

The order of execution:

Analysis of voting results at key staff meetings. The officer proposed for re-appointment must reach a rate of more than 50% of the total number of people summoned to participate in the introductory key cadre conference;

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 for re-appointment;

The leadership team discusses, comments on, evaluates, and votes on personnel by secret ballot. The personnel proposed for re-appointment must reach the agreement of more than 50% of the total number of members of the leadership collective; in the case of personnel reaching the rate of 50%, it shall be decided by the head; at the same time, fully report different opinions for competent authorities to consider and decide.

The head of the public non-business unit shall issue a decision on re-appointment according to his/her competence or submit it to a competent agency or unit for consideration and decision.

Do Thanh Long

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