Processes and procedures for the appointment of external or extramural personnel in Vietnam

Processes and procedures for the appointment of external or extramural personnel in Vietnam (Internet image) 

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

1. Conditions for appointment of personnel in state enterprises in Vietnam

Based on Article 28 of Decree 159/2020/ND-CP (amended by Decree 69/2023/ND-CP), the conditions for appointment of personnel in state enterprises are as follows:

- Ensuring the general standards and conditions as prescribed by the Party, State, and the specific standards and conditions for the appointed position according to the regulations of the competent authority.

- For personnel from internal sources, they must be planned for appointment to the appointed position or be planned for equivalent positions. For personnel from external sources, they must be planned for appointment to the appointed position or be planned for equivalent positions. In special cases, it is at the discretion of the competent authority to consider and decide.

In the case of newly established enterprises that have not carried out the approval of the planning, it is at the discretion of the competent authority to consider and decide.

- Having personnel profiles and records, and a declaration of assets and income as prescribed.

- Age of appointment:

(1) Personnel proposed for the first appointment to a leadership or management position, or proposed for appointment to a higher leadership or management position, must be of an age to serve the full term of appointment. The calculation of the appointment age is carried out according to the regulations of the competent authority.

In special cases, it is at the discretion of the competent authority to consider and decide.

(2) Personnel assigned or appointed to a new position that is equivalent to or lower than the current position held will not have the appointment age calculated as stated in (1).

- Having the physical health to fulfill the assigned tasks.

- Not falling under the cases prohibited from holding positions as prescribed by law.

- Not under disciplinary action, investigation, prosecution, or trial. In the case where the enterprise is under inspection or examination by the competent authority, the competent authority shall exchange information with the inspection or examination agency regarding the personnel proposed for appointment before making a decision.

- Having a minimum period of holding the current position or an equivalent position of 2 years (24 months). If not continuous, the periods can be accumulated (only accumulated for the period of holding equivalent positions). In special cases, it is at the discretion of the competent authority to consider and decide.

- If a business manager is disciplined during their term of office, they shall not be appointed or recommended for a higher position within the time limit prescribed by the competent authority.

2. Processes and procedures for the appointment of external or extramural personnel in Vietnam

Based on Article 31 of Decree 159/2020/ND-CP (amended by Decree 69/2023/ND-CP), the processes and procedures for the appointment of external or extramural personnel are as follows:

- In the case where personnel from external sources are planned to be assigned, appointed, or recommended by the competent authority, the organizational and personnel advisory agency shall carry out the following tasks:

+ Step 1: Discuss opinions with the leadership of the receiving organization regarding the proposed appointment.

+ Step 2: Discuss and gather opinions from the leadership of the current organization where the personnel are working regarding the decision to assign or appoint. The person being recommended must receive more than 50% of the votes compared to the total number of people summoned. If the person being recommended receives a vote percentage of 50%, the decision shall be made by the head of the organization. If the person being recommended receives a vote percentage below 50%, the following steps shall be carried out, and a report shall be submitted to the competent authority according to the regulations in Step 3. Evaluations and comments from local authorities, organizations, units, and personnel files shall be included as required.

Meet with the personnel to discuss the requirements of the assigned tasks.

+ Step 3: Chair and coordinate with relevant agencies to review the personnel and submit a report to the competent authority for consideration and decision.

- In the case where the personnel meet the prescribed standards and conditions but there are conflicting opinions from the organization where the personnel are currently working or the receiving organization, or there are unresolved opinions, the organizational and personnel advisory agency shall provide a comprehensive report on all opinions and submit it to the competent authority for consideration and decision.

To Quoc Trinh

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