In order for readers to have a clear understanding of the legal provisions regulating the conditions and standards for the appointment of leading positions in State agencies, here is a summary of the relevant legal documents as follows:
- The system of legal documents stipulating standards and conditions for appointment of cadres includes :
Joint documents promulgated by the National Assembly and the Government : Law on Cadres and Civil Service 2008 amended and supplemented in 2019; Decree 138/2020/ND-CP dated November 27, 2020 of the Government regulating the recruitment, employment and management of civil servants; Decision No. 89-QD/TW dated August 4, 2017 of the Central Committee on the title standard framework, orienting the criteria framework for evaluating leaders and managers at all levels.
The above documents will stipulate the most general conditions and criteria for appointing cadres at any agency in the State administrative unit .
The document stipulating separate and specific title standards for each type of unit : In addition to complying with the general regulations of the Government mentioned above; Each ministry also has its own regulations for each title managed by its unit. For example: The appointment of the title of leader of the departments/divisions under the Ministry of Finance will be made according to Decision No. 353/QD-BTC dated March 25, 2022 V/v promulgating the standards for top-level leadership titles. departments of units under the Ministry of Finance; The appointment of the Director of the Department of Health will be specified in the Circular No. 32/2015/TT-BYT dated October 16, 2015 of the Minister of Health, providing for the criteria for the title of Director and Deputy Director of the Department of Health. economy under the People’s Committee of the province or city directly under the Central Government, Etc…
- Legal summary:
- General regulations of the Government:
- Articles 41 and 42 of Decree 138/2020/ND-CP dated November 27, 2020 of the Government on recruitment, employment and management of civil servants:
“Article 41. Term of holding position
- The term of leadership and management positions 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 holding a leadership or management position must not exceed two consecutive terms in accordance with the Party’s regulations and specialized laws.
Article 42. Criteria and conditions for appointment
- To ensure general standards and title standards as prescribed by the Party and State and specific standards of appointed positions as prescribed by competent agencies.
- Must be planned for the appointed position if it is an on-site human resource or an equivalent position if it is a source of human resources from another place. In case the newly established agency or organization has not yet approved the planning, it shall be considered and decided by a competent authority.
- Having a verified personal profile and profile, and a declaration of assets and income as prescribed.
- Conditions on age of appointment:
- a) When a civil servant is proposed to be appointed for the first time to hold a leadership or management position or is requested to hold a higher leadership or management position, the appointment age must be full 05 years from the date of implementation. appointment process; special cases report to competent authorities for consideration and decision;
- b) Civil servants are proposed to be appointed to a leadership or management position with a term of less than 5 years for each appointment as prescribed by specialized laws and competent agencies. period;
- c) The civil servant who is transferred or appointed to hold a new position equivalent to or lower than the current one, the age of appointment shall not be calculated as prescribed at Point a of this Clause.
- Having enough health to complete assigned tasks and responsibilities.
- Not falling into the cases of being banned from holding certain posts according to the Party’s regulations and laws; not within the time limit for disciplinary action, not within the period of implementing the provisions related to discipline specified in Article 82 of the Law on Cadres and Civil servants as amended and supplemented in Clause 17, Article 1 of the Amended Law , supplementing a number of articles of the Law on Cadres and Civil servants and the Law on Public Employees.”
- Section I of Decision No. 89-QD/TW stipulating the standard framework for titles of leading and managerial cadres:
“Framework of standards for leading and managerial cadres”
1- In terms of politics and ideology: Loyalty to the interests of the Party, the nation, the nation and the people; steadfastly adhere to Marxism-Leninism, Ho Chi Minh’s thought, the Party’s goals and ideals of national independence, socialism and innovation. Having a firm stance, opinion and political courage, unwavering in any situation, resolutely fighting to protect the Party’s Platform and lines, the Constitution and the laws of the State. Having a passionate patriotic spirit, putting the interests of the Party, the nation – the nation, the people and the collective above personal interests; willing to sacrifice for the cause of the Party, for the independence and freedom of the Fatherland, for the happiness of the people. Work with peace of mind, strictly abide by the organization’s assignment and successfully complete all assigned tasks.
2- Regarding ethics, lifestyle, sense of organization and discipline: Having pure moral qualities; honest, modest, sincere, simple lifestyle; need, thrift, integrity, impartiality. Enthusiastic and responsible for work; no ambition for power, no pride; have the spirit of solidarity, construction, exemplary, love for comrades and colleagues. I myself am not corrupt, bureaucratic, opportunistic, self-interested and actively fight to prevent and repel the manifestations of degradation in political ideology, morality, lifestyle, and “self-evolution” manifestations. “self-transformation” internally; resolutely fight against bureaucracy, oppression, corruption, wastefulness, individualism, opportunistic lifestyle, pragmatism, factions, group interests, saying no to doing; fairness, integrity, respect for talented people, do not let relatives and acquaintances take advantage of their positions and powers for personal gain. Adhere to and strictly implement the principles of organization and discipline of the Party, especially the principles of democratic centralism, self-criticism and criticism.
3- In terms of qualifications: Having professional qualifications, political theory and state management to meet the requirements and assigned tasks and according to regulations of the Party and State; necessary and appropriate level of information technology and foreign languages.
4- In terms of capacity and prestige: Having innovative thinking, vision and scientific working methods; Capable of synthesizing, analyzing and forecasting. Ability to detect contradictions, challenges, opportunities, advantages, new problems, difficulties and limitations and inadequacies in practice; boldly propose appropriate, feasible and effective tasks and solutions to promote, promote or remove. Having practical capacity, grasping and basic understanding of the actual situation in order to concretize and effectively organize the implementation of the Party’s guidelines and guidelines, the State’s policies and laws in the field, assigned working area; industrious, hard-working, dynamic, creative, dare to think, dare to do, dare to take responsibility and serve the people. Ability to lead and direct; exemplary, gather and promote the synergy of collectives and individuals; trusted and trusted by cadres, party members and the masses.
5- In terms of health, age and experience: Healthy enough to perform the task; ensure the age of appointment and nomination of candidates according to regulations; has leadership and management experience.”
- Regulations on specific appointment criteria for each Ministry, Department, and branch:
In addition to complying with the general regulations of the Government mentioned above, standards for leadership titles in State agencies will have to comply with additional documents specific to that title (if any).
