Standards and conditions for appointing leadership and management civil servants in Vietnam

Standards and conditions for appointing leadership and management civil servants in Vietnam (Internet image) 

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

1. Duration of holding leadership and management positions with civil servants in Vietnam

The term of holding leadership and management positions with civil servants according to Article 41 of Decree 138/2020/ND-CP is as follows:

- The term of holding a leadership or management position for each appointment is 05 years, counted from the effective date of the appointment decision, except in cases where the term is less than 05 years as prescribed by specialized laws.

- The term of holding a leadership or management position must not exceed two consecutive terms in accordance with the Party's regulations and specialized laws.

2. Standards and conditions for appointing leadership and management civil servants in Vietnam

Standards and conditions for appointing leadership and management civil servants according to Article 42 of Decree 138/2020/ND-CP are as follows:

- Ensure 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.

- 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 plan, it will be considered and decided by the competent authority.

- Have verified personal records and background, and have a declaration of assets and income according to regulations.

- Conditions on appointment age:

+ For civil servants proposed for appointment to hold a leadership or management position for the first time or proposed to be appointed to a higher leadership or management position, the appointment age must be at least 05 years of service remaining from the date of implementation of the appointment process; Special cases must be reported to competent authorities for consideration and decision;

+ Civil servants proposed to be appointed to leadership and management positions whose term of each appointment is less than 5 years according to the provisions of specialized laws and competent agencies; the appointment age must be one full term;

+ Civil servants who are mobilized 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, Clause 4, Article 42 of Decree 138/2020/ND-CP.

- Meeting the requirements on health

- Not in the cases prohibited from holding positions according to the Party's regulations and the law; is not in the process of disciplinary action; is 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).

3. Responsibilities in the appointment of civil servants to leadership and management positions in Vietnam

Responsibilities in the appointment of civil servants to leadership and management positions according to Article 43 of Decree 138/2020/ND-CP are as follows:

- Heads, members of party committees, and leaders of agencies and organizations are responsible for recommending personnel and commenting on and evaluating proposed personnel.

- Collective party committees, collective leaders of agencies, organize discussions, comments, assessments, decisions, or request competent authorities to consider and decide.

- Individuals and groups proposing appointments must be responsible before the competent authority for their suggestions, comments, assessments, and conclusions on political standards, ethical qualities, and lifestyle; working capacity; and advantages and disadvantages of proposed personnel for appointment.

- The advisory agency on personnel organization and related agencies are responsible for appraisal results and personnel recommendations according to their functions, tasks, and powers.

- The leadership team and the head of the appointment decision are responsible for their decisions. They lead and direct the work of inspection, supervision, and handling of personnel violations.

- Civil servants proposed and considered for appointment must be responsible for declaring their background and personal records, declaring their assets and income, and explaining related contents.

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