Term and principles for reappointment and extension of the tenure of management positions for officials and public employees under the authority of the Minister of Health of Vietnam

Term and principles for reappointment and extension of the tenure of management positions for officials and public employees under the authority of the Minister of Health of Vietnam (Internet image) 

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

1. Term and principles for reappointment and extension of the tenure of management positions for officials and public employees under the authority of the Minister of Health of Vietnam

According to Article 33 of Decision 1289/QD-BYT dated May 16, 2024, regulations on terms and principles for reappointment and extension of the tenure of management positions in Vietnam are as follows:

- When the tenure of appointment for officials and public employees in management positions expires according to regulations, the Ministry of Health must carry out the process of considering reappointment or extending the tenure of the management position as prescribed.

+ In case an official or public employee in a management position is appointed for reasons such as inadequate health, decreased credibility, failure to fulfill duties, or violations of discipline according to the regulations of the Party and the law, the competent level shall decide to terminate the position, relieve them from duty, or have them resign without waiting for the end of the appointment term.

+ In the case of an official or public employee in a management position whose appointment term has expired but is currently undergoing disciplinary action and does not fall under the category requiring consideration for dismissal or resignation according to the regulations of the Party and the law, the competent authority for appointment shall base their decision on the request, considering the qualities, capabilities, and credibility of the official or public employee, as well as the reasons, motives for the violations, shortcomings, the nature, extent of the impact, and the results of the remedial measures (if any), in order to consider and decide on reappointment or extension of the tenure of the management position.

+ If an official or public employee in a management position is not reappointed, the competent agency or organization shall consider and decide on alternative assignments, and they shall not be assigned an equivalent or higher position.

- For officials and public employees in management positions, when the appointment term expires and they are within five years of retirement, if they are reappointed, the appointment term shall be counted until the retirement age as stipulated.

In the case where they are within two years of retirement, the competent authority for appointment shall consider and, if they meet the criteria and conditions, carry out the process of extending the tenure of the management position until the retirement age as prescribed.

- The decision of reappointment or extension of the tenure of the management position must be issued at least one working day before the expiration date of the appointment term.

- If an official or public employee in a management position has reached the end of the appointment term and there is no decision on reappointment or extension of the tenure of the management position from the competent authority, they shall not perform the duties, responsibilities, and authorities of the current management position. The performance of such duties, responsibilities, and authorities shall be considered and decided by the appointing authority. If the process of reappointment or extension of the tenure of the management position has not been carried out as prescribed, the competent level for appointment must provide a written notification to inform the unit and the official or public employee.

- Cases where the process of reappointment or extension of the tenure of the management position has not been carried out include:

+ Officials and public employees in management positions who are within the period of disciplinary action (except for cases where they have been considered by the competent level and are not subject to consideration for dismissal or resignation), are under investigation, prosecution, or trial.

+ Officials and public employees in management positions who are within the period authorized by the competent level for study or work abroad for three months or more.

+ Officials and public employees in management positions who are within the period of inpatient treatment for three months or more at healthcare facilities or are currently on maternity leave.

2. Conditions for reappointment of officials and public employees under the authority of the Minister of Health of Vietnam as of May 16, 2024

According to Article 34 of Decision 1289/QD-BYT dated May 16, 2024, the criteria and conditions for reappointment of officials and public employees under the authority of the Minister of Health of Vietnam are as follows:

- Being evaluated by the competent level as having fulfilled the duties within the tenure of the management position.

- Meeting the managerial position title standards as prescribed by the competent agency or organization at the time of reappointment.

- The unit has a need for the employment position of the managerial official.

- Having sufficient health to fulfill the assigned tasks and responsibilities.

- Not falling under the prohibited cases for holding positions as regulated by the law.

To Quoc Trinh

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