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Some new points in management and use of civil servants

Việt NamViệt Nam16/01/2024

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Public service units are assigned the authority to consider promoting civil servants (illustrative photo)

A manager may be reappointed an unlimited number of times.

Regarding the term of office for management officials, Decree No. 85/2023/ND-CP clearly states: “The term of office for each appointment is 5 years, calculated from the effective date of the appointment decision, except for cases where the term is less than 5 years as prescribed by specialized laws. Management officials can be reappointed an unlimited number of times to hold a management position, except in cases where there are other provisions of the Party or specialized laws”.

Previously, Decree No. 115/2020/ND-CP determined that the term of office for a civil servant holding a management position of no more than 2 consecutive terms was implemented in accordance with the provisions of specialized laws.

Regarding the standards and conditions for appointing management officials, Decree No. 85/2023/ND-CP basically inherits Decree No. 115/2020/ND-CP. However, Decree No. 85/2023/ND-CP adds a new point: The time holding the current position or equivalent position must be at least 2 years (24 months), if not consecutive, it can be accumulated (only accumulated for the time holding the equivalent position), except for the first appointment. Special cases will be considered and decided by the competent authority.

Public service units are considered for promotion of civil servants.

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

For public service units that partially self-insure regular expenses and public service units whose regular expenses are guaranteed by the State, civil servants are considered for promotion according to decentralization and authorization.

For public service units that self-insure regular and investment expenses and public service units that self-insure regular expenses, in addition to the tasks and powers specified in Clause 1 of this Article, there are also tasks and powers to organize the recruitment of civil servants according to their authority; consider the promotion of professional titles of grade I with salary type A3 according to decentralization and authorization; consider the promotion of professional titles, decide on appointment, salary arrangement, salary increase (regular, before term), seniority allowance beyond the framework for civil servants holding professional titles of grade I with salary type A2 and from grade II and below under their management scope.

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