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Some new points in the management and utilization of civil servants.

Việt NamViệt Nam16/01/2024

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Public service units are granted the authority to consider promotions for civil servants (illustrative image).

Managerial officials may be reappointed an unlimited number of times.

Regarding the term of office for managerial officials, Decree No. 85/2023/ND-CP clearly states: “The term of office for each managerial appointment is 5 years, calculated from the date the appointment decision takes effect, except in cases where the term is less than 5 years as prescribed by specialized laws. Managerial officials may be reappointed an unlimited number of times to hold the same managerial position, unless otherwise stipulated by the Party or specialized laws.”

Previously, Decree No. 115/2020/ND-CP stipulated that the term limit for civil servants holding a managerial position should not exceed two consecutive terms, as regulated by specialized laws.

Regarding the standards and conditions for appointing managerial officials, Decree No. 85/2023/ND-CP essentially inherits those of Decree No. 115/2020/ND-CP. However, Decree No. 85/2023/ND-CP adds a new point: A minimum of 2 years (24 months) must have held the current position or an equivalent position. If not continuous, the time spent in the equivalent position can be added together (only for the time spent in the equivalent position), except in cases of first-time appointment. Special cases will be considered and decided by the competent authority.

Public service units are eligible for promotion of civil servants.

Regarding the duties and powers of public non-business units, Decree No. 85/2023/ND-CP has added the authority to public non-business units in considering promotion of civil servants, specifically as follows:

For public non-profit organizations that partially self-finance their operating expenses and public non-profit organizations whose operating expenses are fully covered by the State, promotion of civil servants is considered according to the delegated authority.

For public non-business units that are self-sufficient in recurrent and investment expenditures, and public non-business units that are self-sufficient in recurrent expenditures, in addition to the tasks and powers stipulated in Clause 1 of this Article, they also have the tasks and powers to organize the recruitment of civil servants according to their authority; consider promotion to professional titles of Grade I with salary type A3 according to decentralization and authorization; consider promotion to professional titles, decide on appointments, salary classification, salary increases (regular and early), and seniority allowances exceeding the standard for civil servants holding professional titles of Grade I with salary type A2 and from Grade II downwards within their management scope.

PV (compiled)

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