Term of management position of public employees in Vietnam

Term of management position of public employees in Vietnam (Internet image)

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

1. Term of management position of public employees in Vietnam

Specifically, Article 43 of Decree 115/2020/ND-CP stipulates the time limit for holding managerial positions for public employees as follows:

- The term of holding a managerial position for each appointment is 5 years from the effective date of the appointment decision, except for the case of less than 5 years as prescribed by specialized laws.

- The term of a public employee holding a managerial position shall not exceed two consecutive terms in accordance with specialized laws.

2. Criteria and conditions for the appointment of managerial officers in Vietnam

Pursuant to Article 44 of Decree 115/2020/ND-CP, criteria and conditions for the appointment of managerial officers are as follows:

- Ensuring general standards according to regulations of the Party and State and specific standards of appointed positions according to regulations of competent agencies and units.

- Being assigned a position if it is a local source of human resources or an equivalent position if it is a source of human resources from another place. In the event that the newly established unit has not yet approved the planning, it shall be considered and decided by a competent authority.

- Having a verified personal profile and a declaration of assets and income as prescribed.

- Conditions of appointment:

+ For public employees to be appointed for the first time to hold a managerial position or to be appointed to hold a higher management position, the appointment age must be full 05 years from the date of implementation of the appointment process; special cases report to competent authorities for consideration and decision;

+ For public employees who are proposed for appointment to hold a managerial position and hold the position for less than 5 years as prescribed by specialized laws, the working age must be one term;

+ Any public employee appointed to hold a new position equivalent to or lower than his/her current position shall not be counted as appointed according to the provisions of Point a, Clause 4, Article 44 of Decree 115/2020/ND-CP.

- Have enough health to complete assigned tasks and responsibilities.

- Not falling into the cases of being banned from holding certain positions according to the Party's regulations and laws; not in the period of disciplinary action, not in the period of implementation of regulations related to disciplinary officers specified in Article 56 of the Law on Public Employees, which are amended and supplemented in Clause 8 of Article 2 of the Law on Amendments to a number of articles of the Law on Cadres and Civil Servants and the Law on Public Employees.

3. Responsibilities and authority in the appointment of managerial officers in Vietnam

According to Article 45 of Decree 115/2020/ND-CP, the responsibilities and authority in the appointment of managerial officers are as follows:

- The head, members of the committee, and leaders of agencies and units are responsible for proposing personnel and commenting on and evaluating the proposed personnel.

- Collectively at all levels of party committees, leaders of agencies and units discuss, comment, evaluate, decide, or request competent authorities to consider and decide.

- Individuals and collectives who propose to appoint must be responsible before competent authorities for their suggestions, comments, evaluations, and conclusions on political standards, moral qualities, lifestyles; working capacity, advantages, and disadvantages of the personnel proposed to be appointed.

- The staffing and organization advisory department and relevant agencies and units are responsible for the results of appraisal and recommendation of personnel according to their functions, tasks, and powers.

- The leadership collective, the head of the appointment decision, is responsible for his/her decision; leading and directing the inspection, supervision, and handling of violations in personnel work.

- Public employees proposed or considered for appointment must be responsible for declaring their background, personal records, declaring their assets and income, and explaining relevant contents.

- Competence to appoint public employees to hold managerial positions shall be decided by the heads of public non-business units or proposed to competent authorities to decide according to the management decentralization on personnel work. In cases where there are other provisions on the competence to appoint managerial public employees, the provisions of specialized laws shall apply.

Ho Quoc Tuan

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