Regulations on the Transfer and Secondment of Officials in Vietnam

Regulations on transfer and secondment of officials (Image from Internet)

1. Regulations on transfer of officials in Vietnam

Regulations on transfer of officials in Vietnam according to Article 27 Decree 138/2020/ND-CP are as follows:

- The transfer of officials is conducted in the following cases:

+ According to specific task requirements;

+ According to the plan and usage of officials within and among agencies and organizations as decided by the competent authority;

+ Positional transfer as stipulated by the Communist Party and the law.

- Authority for transferring officials:

The head of the agency or organization assigned to manage officials decides on the transfer of officials under their management or submits to the competent authority for decision according to the law.

- Procedures, processes for transferring officials:

+ Based on the planning, work needs, and capabilities of the officials, the head of the agency or organization builds a plan and measures for transferring the officials under their management scope, reporting to the competent authority for review and decision;

+ Prepare the list of officials needing transfer;

+ Develop specific measures for each case;

+ For officials holding leadership or management positions, the transfer process follows the appointment procedures for leaders and managers from other personnel sources as stipulated in Clause 3, Article 46 Decree 138/2020/ND-CP.

- Before deciding on the transfer of officials, the head of the agency managing the officials needs to meet the officials to clarify the purpose and necessity of the transfer and listen to their suggestions prior to making a decision or reporting to the competent authority for review and decision.

2. Regulations on secondment of officials in Vietnam

Regulations on secondment of officials in Vietnam according to Article 27 Decree 138/2020/ND-CP are as follows:

- The secondment of officials is conducted in the following cases:

+ In response to sudden, urgent tasks;

+ To perform jobs that need to be resolved within a specified time.

- The duration of officials on secondment does not exceed 03 years, except as prescribed by specialized laws.

- Seconded officials are subject to the assignment, arrangement, evaluation, and inspection of their task performance by the agency or organization to which they are sent, but they still belong to the staffing of the sending agency, including officials holding leadership or management positions who are seconded to hold equivalent leadership or management positions.

- Authority for seconding officials:

The head of the agency or organization assigned to manage officials decides on the secondment of officials under their management or submits to the competent authority for decision according to the law.

- Procedures, processes for seconding officials:

+ The head of the managing agency where the officials work and the agency to which officials are seconded exchange and agree on opinions in writing;

+ The head of the agency where the officials are working decides according to their authority or submits to the competent authority for decision according to the management decentralization.

- Before deciding on the secondment of officials, the head of the agency managing the officials needs to meet the officials to clarify the purpose and necessity of the secondment and listen to their suggestions prior to making a decision or reporting to the competent authority for review and decision.

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