From August 1, 2028: Impose downsizing for officials who do not meet the standards in Vietnam

From August 1, 2028, will downsizing be imposed on officials who do not meet the standards in Vietnam? - Phuong Anh (Ninh Binh)

From August 1, 2028: Impose downsizing for civil servants who do not meet the standards in Vietnam

From August 1, 2028: Impose downsizing for officials who do not meet the standards in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. From August 1, 2028: Impose downsizing for officials who do not meet the standards in Vietnam

According to Clause 1, Article 38, Decree 33/2023/ND-CP, regulates commune-level officials and officials and people working part-time at the commune level, in villages and residential groups who do not meet the prescribed conditions, within 05 years from August 1, 2023, all standards must be met as prescribed. If the standards are not fully met according to regulations after 5 years, retirement benefits (if eligible) or downsizing policies shall be applied according to regulations of the Government.

2. What are standards that commune-level officials must meet to avoid downsizing from August 1, 2025 in Vietnam?

Decree 33/2023/ND-CP specifically stipulates standards that commune-level officials as follows:

2.1 General standards of commune-level officials

- General standards of commune-level officials shall be applied according to applicable regulations of law on officials, organizational charters and regulations of the CPV and of socio-political organizations at the central level.

- Officials who are Commanding Officers of Military Commands of communes shall not only meet the standards prescribed above but also have the capacity to cooperate with units of people's army, people's police and other forces in these communes in developing the all-people national defense, performing civil defense duties; maintaining security, politics, social order and safety, protecting the CPV, government and property of the State and protecting the people's lives and property.

2.2 Standards of each position of commune-level officials

- Secretary, Deputy Secretary of the Communist Party Committee:

+ Age: when officials participate in holding these positions for the first time, they must have served at least 01 term of office (60 months); For particular cases, they shall abide by decisions of authorities competent to manage officials;

+ Education level: officials must have graduated from high schools;

+ Professional level: officials must have tertiary education degrees. If otherwise prescribed by the CPV charter, the regulations of the CPV charter shall be applied;

+ Political theory level: officials must have graduated from intermediate schools or equivalent or higher. If otherwise prescribed by the CPV charter, the regulations of the CPV charter shall be applied;

+ For other standards, regulations of the CPV and authorities competent to manage officials shall be applied.

- The Chairperson of Vietnam Fatherland Front Central Committee, Secretary of Ho Chi Minh Communist Youth Union, Chairperson of Vietnam Women’s Union, Chairperson of Vietnam Farmer’s Union, Chairperson of Vietnam War Veteran Association at the commune-level:

+ Ages of officials shall comply with regulations of law, organizational charters and regulations of socio-political organizations at the central level.

+ Education level: officials must have graduated from high schools;

+ Professional level: officials must have tertiary education degrees. If otherwise prescribed by laws and organizational charters, regulations of such laws and organizations shall be applied;

+ Political theory level: officials must have graduated from intermediate schools or equivalent or higher. If otherwise prescribed by laws and organizational charters, regulations of such laws and charters shall be applied;

+ For other standards, regulations of the CPV, socio-political organizations at the central level and authorities competent to manage officials shall be applied.

- Chairperson and Vice Chairpersons of the People's Council; Chairperson and Vice Chairpersons of the People’s Committee;

+ Age: when officials participate in holding these positions for the first time, they must have served at least 01 term of office (60 months); For particular cases, they shall abide by decisions of authorities competent to manage officials;

+ Education level: officials must have graduated from high schools;

+ Professional level: officials must have tertiary education degrees. If otherwise prescribed by laws, regulations of such laws shall be applied;

+ Political theory level: officials must have graduated from intermediate schools or equivalent or higher;

+ For other standards, regulations of the Law on Organization of the Local Government, relevant laws, regulations of the CPV and authorities competent to manage officials shall be applied.

Thus, the Provincial People’s Committees shall provide specific regulations on the professional qualification of from intermediate level or higher for commune-level officials working in communes, wards and townships of mountainous regions, highland areas, border regions, islands, island communes, remote areas, ethnic minority areas and areas with extremely difficult socio-economic conditions.

On the basis of the standards of each position of commune-level officials prescribed in this Article, the provincial People’s Committees shall provide specific standards of each title of commune-level officials in a manner that is satisfactory to characteristics and requirements for task performance of each commune level and is not lower than the standards prescribed in this Decree.

2.3 Standards for part-time officials of communes

 - Persons who are Vietnamese citizens aged 18 or higher; have enough civil act capacity and good health to perform assigned tasks;

- Persons who have good political and moral qualities; exemplarily observe the guidelines and lines of the CPV, policies and laws of the State; be capable of organizing the implementation and mobilizing the people of communes to effectively implement the guidelines and lines of the CPV, policies and laws of the State;

- Persons who do not face criminal prosecution, imprisonment, community sentence, surveillance, or are being forced to deal with measures for education in communes; are sent to treatment facilities and educational institutions;

- Education level: persons who have graduated from high schools;

-) Professional qualifications: persons who have graduated from intermediate schools or higher.

Nguyen Ngoc Que Anh

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