DECISION

PROMULGATING THE REGULATION ON APPOINTMENT, RE-APPOINTMENT, SHIFT, RESIGNATION AND REMOVAL FROM OFFICE OF LEADING OFFICIALS AND PUBLIC EMPLOYEES

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the February 26, 1998 Ordinance on Officials and Officials and public employees;
In furtherance of the Political Bureau’s Decision No. 51-QD/TW of May 3, 1999 promulgating the Regulation on appointment of officials and Resolution No. 11-NQ/TW of January 25, 2002 on the shift of leading and managerial officials;
At the proposal of the Minister of the Interior,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on appointment, re-appointment, shift, resignation and removal from office of leading officials and public employees in administrative agencies, non-business units and State enterprises.

Article 2.- This Decision takes effect 15 days after its publication on the Official Gazette.

Article 3.- The ministers, the heads of the ministerial-level agencies and of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities and the chairmen of the Managing Boards of Corporations 91 shall have to implement this Decision.

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PRIME MINISTER




Phan Van Khai

REGULATION

ON APPOINTMENT, RE-APPOINTMENT, SHIFT, RESIGNATION AND REMOVAL FROM OFFICE OF LEADING OFFICIALS AND PUBLIC EMPLOYEES
(Promulgated together with the Prime Minister’s Decision No. 27/2003/QD-TTg of February 19, 2003)

Chapter I

GENERAL PROVISIONS

Article 1.- This Regulation prescribes the appointment, re-appointment, transfer, resignation and removal from office of leading officials and public employees including the posts of deputy-head and head of sections, equivalent and higher posts in administrative agencies, non-business units and State enterprises.

Article 2.- A number of terms in this Regulation are construed as follows:

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2. First-time appointment means that the heads of competent agencies issue the decisions to appoint for the first time officials and public employees to leading posts or to new leading posts higher than their current posts.

3. Re-appointment means that the heads of competent agencies appoint leading officials and public employees to continue holding their incumbent posts at the end of the appointment term.

4. Shift means the appointment by the heads of competent agencies of leading officials and public employees to new leading posts in the process of implementing the planning, training and fostering work.

5. Removal from office means the decision in writing by the heads of competent agencies to remove leading officials and public employees from their leading posts ahead of their appointment terms.

6. Resignation means the voluntary application by leading officials and public employees for relief from their leading posts ahead of their appointment terms, which is approved by competent agencies.

Article 3.- Principles for the appointment, re-appointment, shift, removal from office or resignation of leading officials and public employees

1. The Party committees from the grassroots to higher levels shall directly lead the appointment, re-appointment, shift, removal from office or resignation of leading officials and public employees according to the Party Central Committee’s management decentralization and the prescribed order and procedures;

2. To abide by the democratic centralism principle, to enhance the responsibility of the heads (hereinafter referred to as the heads) of agencies and units; officials and public employees who are appointed, re-appointed or shifted must fully satisfy the law- prescribed criteria;

3. To be based on the requirements and tasks of agencies and units as well as the conditions and criteria of officials and public employees;

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5. Authorities competent to decide on the appointment shall be also competent to decide on the re-appointment, shift, removal from office, or acceptance of resignation petitions, of leading officials and public employees .

6. For the holders of a number of specific posts, their appointment and removal from office of have been prescribed in other legal documents, the documents of higher legal effect shall apply.

Article 4.- Responsibilities and competence to appoint, re-appoint, shift, remove from office, or accept resignation petitions of, leading officials and public employees shall be as follows:

1. The heads of agencies or units shall propose and give evaluation comments on the recommended officials and public employees; hold meetings for discussions among the leaderships of their agencies or units;

2. To consult the concerned Party Committees;

3. To organize the collection of confidence opinions in the agencies or units;

4. The heads of the agencies or units shall issue the appointment decisions or propose competent authorities to consider and decide on the appointment, and take responsibility for their decisions or proposals.

Chapter II

APPOINTMENT, RE-APPOINTMENT, SHIFT OF LEADING OFFICIALS AND PUBLIC EMPLOYEES

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Article 5.- Each appointment term shall be five years; for a number of specific agencies and units, an appointment term may be shorter.

Article 6.- Appointment conditions:

1. Satisfying the general criteria for officials and public employees and concrete criteria for each appointed post according to the regulations of the Party and the State;

2. Having full personal records clearly certified by competent functional authorities, including property, house and land declarations as prescribed;

3. Appointment age:

a/ First-time appointment, officials and public employees must not be aged over 55 years for men and not over 50 years for women;

b/ For the posts of deputy-head and head of sections in urban and rural districts and equivalent posts, the age for first-time appointment must not exceed 45 years (for both men and women);

c/ In cases where the concerned officials and public employees have been relieved from office then, after a certain working period, are considered for appointment to leading posts, the age conditions shall be the same as for first-time appointment;

4. Being physically fit for fulfilling the assigned tasks;

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Article 7.- Order of appointment of leading officials and public employees

1. The agencies or units having the demand for appointment of leading officials and public employees shall submit to competent agencies for approval the undertaking on, number and expected assigned tasks of to-be appointed posts.

2. After obtaining the approval of competent agencies, the leaders of the units shall propose specific personnel through the following steps:

a/ For on-spot personnel:

- The heads and the leaderships of the agencies or units propose the personnel options on the basis of the planned personnel sources or the nomination by officials and officials and public employees within the agencies or units;

- The leaderships of the agencies or units discuss, select and recommend personnel on the basis of confidence comments given by officials and officials and public employees within the agencies or units. For a specific post, between 1 and 3 persons may be recommended for selection;

- Organizing a meeting to gather comments of key officials in the agencies or units for discussion about the requirements and criteria of to be-appointed officials and public employees; notifying the list of officials and public employees recommended by the leaders; their resumes, studying and working process; comments and assessment of their strengths and weaknesses, and development prospects; expected tasks to be assigned; the recommended officials and public employees present their ideas on the performance of their tasks if appointed, and answer all concerned questions;

- The leaderships of the agencies or units consider and conclude on newly arising matters (if any);

- The Party Committees or the standing bodies thereof give written opinions on the nominees;

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b/ For personnel from elsewhere:

- The leaders of the agencies or units propose or competent authorities recommend the personnel;

- The leaderships of the agencies or units discuss and reach agreement on the undertaking and carry out the following steps: The representatives of the agencies’ leaders shall meet the officials or public employees proposed for appointment, discussing the work requirements and tasks of the posts; work with the Party committees and heads of the agencies or units where such officials or public employees are working, informing them of the appointment demands, inquiring into and verifying the officials or public employees’ resumes; informing the working results to the agencies or units where the officials and public employees are working; solicit the comments of the agencies’ Party Committees on the appointment of the officials or public employees; discuss, evaluate and vote; the heads of the agencies or units accept and issue appointment decisions or propose the superior authorities to consider and appoint.

3. For cases of proposal to competent authorities to appoint, the reports thereon must be made, enclosed with necessary dossiers according to the current regulations.

Section 2. RE-APPOINTMENT

Article 8.- At the end of their appointment terms, leading officials and public employees must be considered for re-appointment or non-re-appointment.

Article 9.- Re-appointment conditions:

1. Having fulfilled the tasks during the time of holding the post;

2. Satisfying the prescribed criteria for leading officials and public employees at the time of consideration of the re-appointment as well as the working requirements in the coming time;

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4. Being physically fit for fulfilling the assigned tasks and responsibilities.

Article 10.-

1. Those leading officials and public employees who were appointed before the effective date of this Regulation, and have held their posts for full five years or more (counting from the date of their appointment decisions) must be considered for re-appointment.

2. For leading officials and public employees who still have between full 2 working years and under 5 working years before reaching the retirement age, if they are re-appointed, their re-appointment term shall last until they reach the prescribed retirement age.

3. For leading officials and public employees who have less than 2 working years before reaching the retirement age, competent authorities shall consider and decide on prolonging their time of holding the leading posts till the prescribed retirement age.

Article 11.- Re-appointment order:

1. The leading officials and public employees make report to self-evaluate the performance of their responsibilities and tasks during the time of holding their posts under the guidance in the Regulation on evaluation of officials and public employees, then send them to the heads of the agencies or units or competent authorities;

2. The collectives of officials and public employees (or the leaderships) of the agencies or units give comments, then send the records thereon to the heads of the agencies or units or competent authorities;

3. The heads of the agencies or units directly employing the leading officials and public employees evaluate and propose whether to re-appoint them or not;

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Section 3. SHIFT

Article 12.- The shift of leading officials and public employees to other posts under the planning in order to train, foster and use effectively the contingent of leading officials and public employees must be based on the working requirements and suit the officials and public employees’ qualifications and capabilities.

Article 13.- The formulation and implementation of the plans on shift of leading officials and public employees shall be done annually on the following order:

1. The units work out the plans on shift of officials and public employees;

2. The Party Committees, the heads of the agencies or units discuss and approve the annual shift plans within the scope of their respective competence;

3. The organization and personnel sections of the units prepare working and living conditions for the officials and public employees to take over their work;

4. The heads of the agencies or units meet the officials and public employees to inform them of the shift undertaking; listen to the latter’ personal aspirations and ideas before issuing decisions;

5. The heads and leaderships of the agencies or units shall make decisions on each case of shift falling under the scope of their respective management.

Article 14.- Officials and public employees must strictly abide by shift decisions. Authorities at all levels competent to issue decisions thereon shall be responsible for their decisions.

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RESIGNATION AND REMOVAL FROM OFFICE

Article 15.- Officials and public employees who are transferred to other jobs or appointed to new posts shall automatically be relieved from their incumbent posts.

Article 16.- Leading officials and employees wishing to resign shall make resignation petitions and send them to the leaders of the agencies directly managing them for consideration and decision.

Article 17.- Within one month after receiving the resignation petitions, the agencies directly managing the concerned leading officials and public employees shall consider and decide or report them to competent authorities for decision.

2. Pending the approval of their resignation petitions by competent authorities, the leading officials and public employees must still continue performing their assigned tasks and responsibilities.

3. After their resignation, leading officials and public employees shall be assigned other jobs by their managing agencies.

Article 18.- Competent authorities may consider and remove from office before the end of their appointment terms the leading officials and public employees on the grounds of working demands or in cases where they suffer poor health, fail to fulfill their tasks, or breach the Party’s disciplines or the State’s laws but not so seriously enough to be disciplined with demotion, and assigned other jobs to them.

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