Procedures for re-appointment of leading and managerial civil servants in Vietnam

Procedures for re-appointment of leading and managerial civil servants in Vietnam (Internet image)

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

1. Time, duration, and principles for the re-appointment of leading and managerial civil servants in Vietnam

The time, duration, and principles for re-appointment or extension of time holding positions with leading and managerial civil servants according to Article 49 of Decree 138/2020/ND-CP are as follows:

- When the term of holding the appointed position expires, the competent agency or organization must carry out the process of considering and re-appointing or prolonging the time held in leadership and management positions.

In case the process of re-appointment or extension of time holding a leadership or managerial position has not been carried out as prescribed in Clause 5, Article 49 of Decree 138/2020/ND-CP, the appointing authority must send a written notice to agencies, organizations, and civil servants.

- When a leading or managerial civil servant expires and is re-appointed by the month of full retirement age and has less than 05 years of service remaining, the appointment term shall be counted to the time of reaching the prescribed retirement age.

If by the month of full retirement age, there are less than 2 years of working experience, the appointing competent authority shall consider, if the criteria and conditions are satisfied, the decision shall be made to extend the period of holding the leadership and management positions until the time of reaching the prescribed retirement age.

- The decision on re-appointment or the decision to extend the time held in a leadership or managerial position must be issued at least 01 working day before the expiration of the appointment period.

- In the event that a leading or managerial civil servant expires without a decision on re-appointment or prolonging the time they hold a leadership or management position of a competent authority, they are not allowed to perform the responsibilities, tasks, and authority of the current leadership or management position.

The performance of the responsibilities, tasks, and authority of such leadership or management positions shall be considered and decided by the appointing competent authorities.

- Cases in which the process of re-appointment or extension of time holding a leadership or management position has not been carried out:

+ Leading and managing civil servants who are in the disciplinary period, are being investigated, prosecuted, or tried;

+ Leading and managing civil servants who are being sent by a competent agency or organization to study or work abroad for 3 months or more;

+ Leading and managing civil servants who are undergoing inpatient treatment for 3 months or more at medical facilities or are on maternity leave.

2. Criteria and conditions for re-appointment of leading and managerial civil servants in Vietnam

 Criteria and conditions for re-appointment of leading and managerial civil servants according to Article 50 of Decree 138/2020/ND-CP are as follows:

- Completing tasks within the terms 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 a demand for leadership and management positions.

- Health enough to complete assigned tasks and responsibilities.

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

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

Procedures for re-appointment of leading and managerial civil servants in Vietnam according to Article 52 of Decree 138/2020/ND-CP are as follows:

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

- Civil servants who make reports to self-review and evaluate the performance of their responsibilities and tasks within the term of holding the position, and send them to the appointing competent authority.

- Organize a meeting of key cadres 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 to report on self-reflection and assessment of the performance of their responsibilities and tasks during their time in office; meetings are held to give opinions and votes 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.

Order of execution:

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

++ Verifying and concluding new problems (if any);

++ Collecting 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;

++ Issuing a decision on re-appointment according to its competence or submitting it to a competent authority for consideration and decision.

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