Regulations on conditions for rotation of officials holding a leading or managerial post in Vietnam from September 17, 2024

Regulations on conditions for rotation of officials holding a leading or managerial post in Vietnam from September 17, 2024
Tran Thanh Rin

The content of the following article will address the regulations on the conditions for rotation of officials holding a leading or managerial post in Vietnam from September 17, 2024

Regulations  on  Conditions  for  Rotation  of  Leadership  and  Management  Officials  from  September  17,  2024

Regulations on conditions for rotation of officials holding a leading or managerial post in Vietnam from September 17, 2024 (Image from the Internet)

Subjects and scope of rotation of officials holding a leading or managerial post in Vietnam

According to Article 55 of Decree 138/2020/ND-CP, the subjects and scope of rotation of officials holding a leading or managerial post in Vietnam are stipulated as follows:

- Rotation Subjects:

+ Leadership and management officials in the planning of agencies and organizations;

+ Leadership and management officials holding head positions who are not allowed to hold such positions for more than two consecutive terms in one locality or agency according to regulations;

+ Leadership and management officials who are not allowed to be arranged as local people according to regulations.

- Based on task requirements, planning, and usage plans of officials, leadership and management officials are rotated within the system of agencies of the Communist Party of Vietnam, the State, and socio-political organizations.

- The positions arranged for rotation are implemented according to the policies of the Communist Party and the competent authority.

Regulations on conditions for rotation of officials holding a leading or managerial post in Vietnam from September 17, 2024

Article 56 of Decree 138/2020/ND-CP (amended by Decree 116/2024/ND-CP) stipulates the standards and conditions for the rotation of officials holding a leading or managerial post in Vietnam as follows:

- Have a firm political stance, good moral qualities.

- Possess professional qualifications, expertise, political theories, work capacity and development potential.

- Meet the standards and conditions according to the regulations for the position held upon rotation.

- Have at least 10 years of service left from the time of rotation. For leadership and management officials rotated to implement policies of non-local arrangements or not holding the same position for more than two consecutive terms in one locality, agency, organization, or unit, they must have sufficient service time according to the appointment tenure. Special cases will be decided by the competent authority.

- Have sufficient health to complete the assigned tasks and responsibilities.

In cases where commune-level officials are rotated to hold leadership and management positions at specialized agencies under the district People's Committee, the requirement of having a minimum service time of 05 years or more as stipulated in point a, clause 2, Article 18 of Decree 138/2020/ND-CP does not apply.

Authority and Responsibilities for Implementing rotation of officials holding a leading or managerial post in Vietnam from September 17, 2024

(1) The authority to decide on rotation is implemented according to the regulations on the classification of cadre management by the Communist Party and the law.

(2) Regarding the responsibilities for implementation:

- The competent authority deciding on rotation: Leadership, direction in formulating rotation plans and arranging, assigning tasks to officials after rotation; ensuring the process and procedures are democratic, public, and transparent; checking, supervising, and handling violations; managing, evaluating, and commenting annually on the rotated officials; summarizing and concluding the work of rotating leadership and management officials;

- The outgoing agency: Evaluates and comments on the officials proposed for rotation; cooperates with relevant agencies in management, supervision, and maintaining regular contact with rotated officials; responsible for receiving, arranging, or proposing arrangements for officials after rotation;

- The receiving agency: Complies strictly with the rotation decisions of the competent authority; responsible for arranging work, creating an environment, and favorable conditions for the rotated officials to promote their capacities and strengths; manages and evaluates the rotated officials during the rotation period; cooperates with relevant agencies in proposing directions for arranging and using officials after rotation;

- Rotated officials: Comply strictly with regulations, rules, and assignments of the competent authority, both the outgoing and receiving agencies; work on self-improvement, promote capacities and strengths, strive to complete the assigned tasks; undergoes checking, supervision, regular or irregular reporting as required by the management agency; maintains contact with the outgoing agency;

- The agency or department responsible for organization and personnel of the agency, organization, unit: Leads, cooperates with relevant agencies in advising, formulating rotation plans; evaluates, comments, proposes arrangements before and after rotation; advises on summarizing and concluding the work of rotation;

- Relevant agencies: Participate in evaluation, verification, and review regarding rotated personnel as per functions, tasks, and competency requests of the competent authority; cooperate with organization and personnel departments in inspection, supervision, and provide input in the arrangement, placement of officials post-rotation.

(Article 57 of Decree 138/2020/ND-CP, amended by Decree 116/2024/ND-CP)

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