Regulations on secondment of public employee in Vietnam 2023

Regulations on secondment of public employee in Vietnam 2023 (Internet image)

1. What is secondment of public employee?

Clause 1, Article 36 of the Law on Public Employees 2010 stipulates the secondment of public employee 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.

2. Principles in professional activities of public employees in Vietnam

Article 5 of the Law on Public Employees 2010 stipulates the principles in professional activities of public employees as follows:

- Observance of law and accountability before law in the course of carrying out professional activities.

- Devoted serving of the people.

- Compliance with professional processes and regulations, professional ethics and code of conduct.

- Submission to inspection, examination and supervision by competent agencies and organizations and by the people.

3. Cases of secondment of public employee in Vietnam

Clause 1, Article 27 of the Law on Public Employees 2010 stipulates that secondment of public employees is implemented in the following cases:

- To perform unexpected or urgent tasks;

- To perform work which must be completed within a certain period of time;

4. Regulations on secondment of public employee in Vietnam

Pursuant to Clauses 2, 3, 7 Article 36 of the Law on Public Employees 2010 provides for the secondment of public employees as follows:

- 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.

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

5. Benefits of secondment of public employees in Vietnam

Clauses 4, 5, 6, Article 36 of the Law on Public Employees 2010 stipulates the benefits of secondment of public employeess as follows:

- 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.

6. Authority to secondment of public employees in Vietnam

Clause 4, Article 36 of the Law on Public Employees 2010 provides for the authority to second-guess public employees as follows:

The head of the public non-business unit or the head of the agency competent to manage the public non-business unit must decide on the secondment of public employees under his or her management or refer it to competent authorities for decision in accordance with the law.

Before deciding to second officers, the head of the agency, the units assigned or decentralized to manage public employees need to meet with the official to clarify the purpose and necessity of the secondment and to listen to the official's suggestions before making decisions according to their competence or reporting to competent authorities for consideration and decision.

7. Management of public employees in Vietnam

Article 48 of the Law on Public Employees 2010 stipulates the contents of management of public employees include:

- Determining working positions;

- Recruiting public employees;

- Signing working contracts;

- Appointing to and changing professional titles;

- Changing working positions, seconding, terminating working contracts, settling job discontinuation;

- Appointing and relieving of duty managerial public employees: arranging and employing public employees based on work demand:

- Evaluating, commending and disciplining public employees;

- Implementing the salary regime, entitlements and training and retraining regime for public employees

- Compiling and managerial public employee files, implementing the regime of reporting on management of public employees within the scope of management.

Vo Ngoc Nhi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE