Standards and conditions for the rotation of leading and managerial civil servants in Vietnam

Standards and conditions for the rotation of leading and managerial civil servants in Vietnam (Internet image) 

Regarding this issue, LawNet responded as follows:

1. Standards and conditions for the rotation of leading and managerial civil servants in Vietnam

Specifically, in Article 56 of Decree 138/2020/ND-CP, standards and conditions for the rotation of leading and managerial civil servants are as follows:

- Having a firm political stance, ideology, and good moral character.

- In the planning, there is capacity and development prospect; always complete the assigned task well.

- Basically meet the specific criteria and conditions of the position to be transferred.

- Age requirements:

+ Still working for at least two terms (10 years) from the time of rotation;

+ Particularly, civil servants who lead and manage rotation to implement regulations are not allowed to arrange local people, and in order to implement the regulation not to hold more than two consecutive terms in a locality, agency, organization, or unit, there must be at least one working term remaining.

- Being healthy enough to work.

2. Authority and responsibility for the rotation of leading and managerial civil servants in Vietnam

The authority and responsibility for the rotation of leading and managerial civil servants are prescribed as follows:

(1) The authority to decide on rotation shall comply with the provisions of the Party's management decentralization and the law.

(2) Responsibilities for implementation:

- Levels competent to decide on rotation: Lead and direct the development of rotation plans; implement processes and procedures to ensure democracy, publicity, and transparency; inspect, supervise, and handle violations; manage, evaluate, comment, arrange, and assign work to post-rotation civil servants; preliminarily, summarize the rotation of leading and managerial civil servants;

- Agencies, organizations, and localities where they go: Comment, evaluate, and propose to rotate civil servants; coordinate with relevant agencies in management and supervision and keep regular contact with rotating civil servants; have the responsibility to receive, arrange, or propose the job arrangement for post-rotation civil servants;

- Agencies, organizations, and localities of destination: Strictly abide by the decisions on rotation of the competent authorities; be responsible for arranging work, creating favorable environment and conditions for civil servants to rotate to promote their capacity and forte; management and evaluation of civil servants in rotation; coordinate with relevant agencies to propose directions for the arrangement and use of post-rotation civil servants;

- Rotated civil servants: Strictly abide by the regulations, regulations, and assignments of competent authorities, agencies, organizations, and localities of departure and destination; cultivate, train, make efforts, try, promote capacity, and forte to well complete assigned tasks; be subject to periodic or irregular inspection, supervision, and reporting at the request of the management agency; keep contact with agencies, organizations, and localities where they go;

- Agencies advising on the personnel organization of agencies, organizations, and units: Preside over and coordinate with relevant agencies to advise and develop rotation plans; comment on, evaluate, and propose the arrangement of civil servants before and after the rotation; advise on preliminary and final reviews of rotation work;

- Relevant agencies: participate in the appraisal of rotating personnel according to their functions and tasks; coordinate with agencies advising on personnel organization in the inspection and supervision work; and give opinions on the arrangement and arrangement of post-rotation civil servants.

(Article 57 of Decree 138/2020/ND-CP)

3. Regulations and benefits for rotated civil servants in Vietnam

According to Article 64 of Decree 138/2020/ND-CP, regulations and benefits for rotated civil servants include:

- Civil servants are transferred to another working position but the new position allowance is lower than that of the position held before the rotation, the allowance for the current position will be reserved during the rotation period.

- Civil servants rotated to work in mountainous areas, border areas, islands, remote areas, ethnic minority areas,
regions with extremely difficult socio-economic conditions are entitled to preferential regulations and benefits as prescribed by law.

- Rotating civil servants are entitled to policies on the arrangement of official residences, travel support, living expenses, and other policies (if any).

- Rotating civil servants with exceptionally excellent achievements (with specific initiatives and products recognized by competent authorities) may be considered for an early salary increase as prescribed by law; this is prioritized when considering the post-rotation work arrangement.

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