Regulations on secondment, appointment and resignation of public employees in Vietnam

Secondment of public employees in Vietnam

Pursuant to Article 36 of the Law on Public Employees 2010, regulations on secondment of public employees are as follows:

- Secondment of public employee is the transfer of a public employee of a public non-business unit to work at another agency, organization or unit according to task requirements for a specified period. Heads of public non-business units or competent agencies managing public non-business units shall decide on the secondment of public employees.

- The period of secondment is 3 years at most, except for a number of sectors and fields as stipulated by the Government.

- Secondees shall comply with work assignment and management by agencies, organizations or units they are seconded to.

- During the period of secondment, seconding public non-business units shall assure salaries and other benefits for secondees.

- Secondees working in mountainous, border, island, deep-lying, remote, ethnic minority areas or areas with extremely difficult socio-economic conditions are entitled to support policies as stipulated by the Government.

- At the end of the period of secondment, secondees may return to their former units. Heads of seconding public non-business units shall receive them back and arrange jobs suitable to their qualifications and skills.

- Secondment is not applicable to female public employees who are pregnant or nursing under 36-months-old babies.

Regulations on secondment, appointment and resignation of public employees in Vietnam (Internet image)

Appointment of managerial public employees in Vietnam

Pursuant to Article 37 of the Law on Public Employees 2010, the appointment of managerial public employees is as follows:

- Appointment of managerial public employees must be based on needs of public non-business units, criteria and conditions of managerial posts and ensure the competence, order and procedures prescribed for appointment.

- Based on specific conditions of public non-business units, appointed public employees may hold managerial posts for 5 years at most. While holding managerial posts, public employees are entitled to managerial-post allowance, and may participate in professional activities according to their appointed professional lilies.

- At the end of the period of holding managerial posts, public employees may be considered for reappointment. In case public employees are not reappointed, authorities with appointing competence shall arrange them in working positions according to their work demand and suitable to their professional qualifications and skills.

- Public employees who are transferred to other working positions or appointed to new managerial posts will automatically stop holding the current managerial posts, except for cases of holding both concurrently.

- Heads of public non-business units shall decide or propose competent authorities to decide according to management decentralization to appoint public employees to managerial posts.

Resignation from managerial posts or relief of duty for public employees

Pursuant to Article 38 of the Law on Public Employees 2010, managerial public employees may ask for permission to resign from their managerial posts or be relieved of duty in the following cases:

- Being physically unfit;

- Having insufficient capability and prestige:

- Due to task requirements'.

- For other reasons.

Pending approval of heads of their public non-business units or competent authorities, managerial public employees who ask for permission for resignation shall continue discharging their tasks and powers.

Heads of public non-business units or competent authorities shall arrange public employees who have been permitted for resignation or relief of duty in working positions according to their work demand and suitable to their professional qualifications and skills.

The competence, order and procedures for considering and deciding on resignation or relief of duty of managerial public employees comply with the provisions of law.

Mai Thanh Loi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE