Standards and conditions for appointing civil servants in the People's Procuracy in Vietnam

Standards and conditions for appointing civil servants in the People's Procuracy in Vietnam (Internet image)

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

Standards and conditions for appointment of civil servants in the People's Procuracy sector in Vietnam

To appoint civil servants in the People's Procuracy sector, it is necessary to meet the following standards and conditions:

(1) Ensuring general standards and title standards according to the regulations of the Party and State and specific standards for appointed positions according to the regulations of competent agencies.

(2) It must be planned for the appointed position if it is a local human resource or have an equivalent position planned if it is a human resource from elsewhere. In the event that a newly established agency or organization has not yet approved the planning, it will be considered and decided by the competent authority.

(3) Having verified personal records and background; having a declaration of assets and income according to regulations.

(4) Conditions on appointment age:

- Civil servants proposed to be appointed for the first time to hold a leadership or management position or proposed to be appointed to a higher leadership or management position must have at least 5 years of service remaining from the implementation of the appointment process; special cases must be reported to competent authorities for consideration and decision.

- Civil servants who are transferred or appointed to hold a new position equivalent to or lower than the position currently held will not have their appointment age calculated as prescribed in Point a of this Clause.

- The age for appointment to positions in the Military Procuracy at all levels is implemented according to the provisions of the Law on Officers of the Vietnam People's Army and the regulations of the Ministry of National Defense.

(5) Having enough health to complete assigned tasks and responsibilities.

(6) Not falling in the cases prohibited from holding positions according to the Party's regulations and the law; not in the process of disciplinary action; not in the time of implementing regulations related to discipline specified in Article 82 of the Law on Cadres and Civil Servants 2008 (amended in 2019).

Article 82. Other provisions concerning disciplined cadres and civil servants

1. For cadres or civil servants who are reprimanded or cautioned, their salary raise period will be prolonged for 6 months from the date their disciplining decisions take effect; if being demoted or removed from office, their salary raise period will be prolonged for 12 months from the date their disciplining decisions take effect.

2. Cadres and civil servants who are disciplined will be handled as follows:

a) In the event of being disciplined in the form of reprimand, warning, or salary reduction, promotion, planning, training, or appointment to a higher position shall not be carried out within 12 months from the effective date of the disciplinary decision;

b) In the event of being disciplined in the form of demotion or dismissal, promotion, planning, training, and appointment shall not be carried out within 24 months from the effective date of the disciplinary decision;

c) After the expiration of the prescribed period at points a and b of this provision, if Cadres and public servants do not violate it to the extent that disciplinary action is required, they may continue to be promoted, planned, trained, and appointed in accordance with the provisions of the law.

3. Cadres and public servants who are under disciplinary proceedings, investigation, prosecution, or trial are not eligible for candidacy, nomination, appointment, transfer, rotation, special assignment, training, professional development, promotion, or termination of employment.

4. Cadres and civil servants who are removed from office due to corruption may not be appointed to leading or managerial posts.

(7) Civil servants considered for appointment must ensure standards and conditions according to the provisions of the Law on Organization of the People's Procuracy 2014, stipulated in Resolution 924/2015/UBTVQH13 on appointment standards and conditions for promotion to the rank of Inspector of the People's Procuracy.

(Article 6 of the Regulations promulgated together with Decision 428/QD-VKSTC 2023)

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