Vietnam law has regulations on management of public employees. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are regulations on state management of public employees in Vietnam? What are regulations on management of public employees? What are forms of disciplining public employees in Vietnam? Thanks for answering my questions!”
Legal grounds
- 2010 Vietnam Law on Public employees
State management of public employees
– The Government shall perform the uniform management of public employees.
– The Ministry of Home Affairs shall take responsibility before the Government for performing the state management of public employees, and have the following duties and powers:
+ Elaborating and promulgating according to its competence or submitting to competent agencies for promulgation legal documents on public employees:
+ Assuming the prime responsibility for, and coordinating with ministries and ministerial-level agencies in. elaborating plannings and plans on the building and development of the contingent of public employees and submitting them to competent authorities for decisions:
+ Assuming the prime responsibility for, and coordinating with ministries and ministerial-level agencies in, promulgating a system of lists, criteria and codes of professional titles:
+ Managing statistical work on public employees: guiding the elaboration and management of public employee files; developing and operating the national database on public employees;
+ Inspecting and examining the stale management of public employees
+ Annually reporting to the Government on the contingent of public employees.
– Ministries and ministerial-level agencies shall, within the scope of their respective tasks and powers, perform the state management of public employees.
– Provincial-level People’s Committees shall, within the scope of their tasks and powers, perform the state management of public employees.
Regulations on Management of public employees
– Contents of management of public employees include:
+ Determining working positions;
+ Recruiting public employees;
+ Signing working contracts;
+ Appointing to and changing professional titles;
+ Changing working positions, seconding, terminating working contracts, settling job discontinuation;
+ Appointing and relieving of duty managerial public employees: arranging and employing public employees based on work demand:
+ Evaluating, commending and disciplining public employees;
+ Implementing the salary regime, entitlements and training and retraining regime for public employees
+ Compiling and managerial public employee files, implementing the regime of reporting on management of public employees within the scope of management.
– Autonomous public non-business units shall perform the contents of management specified in Clause 1 of this Article. Heads of public non-business units shall report to their superiors on the management and employment of public employees in their units.
For non-autonomous public non-business units, agencies competent to manage such units shall manage their public employees or delegate the contents of management specified in Clause 1 of this Article to such public non-business units.
– The Government shall detail this Article.
Complaints and settlement of complaints about decisions related to public employee management
Complaints and settlement of complaints lodged by public employees about decisions of heads of public non-business units or competent authorities involved in public employee management comply with the provisions of law.
Regulations on Examination and inspection
– Agencies competent to manage public non-business units shall inspect and examine the recruitment, employment and management of public employees in public non-business unit assigned to them for management.
– The Ministry of Home Affairs shall inspect the recruitment, employment and management of public employees in accordance with 2010 Law on Public Employees and other relevant laws.
– Ministries and ministerial-level agencies shall inspect professional activities performed by public employees in sectors and fields under their respective management.
Regulations on Commendation
– Public employees who record merits. make achievements and contributions in work and professional activities shall be commended and honored under the law on emulation and commendation.
– Public employees who are commended for special merits or achievements shall be considered for ahead-of-schedule or special salary raise according lo the Government’s regulations.
Forms of disciplining public employees
– Public employees who violate law in the course of performing work or tasks shall, depending on the nature and seriousness of violations, face any of the following disciplinary forms:
+ Reprimand;
+ Caution:
+ Demotion;
+ Sack.
– Public employees who are disciplined in any of the forms specified in Clause 1 of this Article may be also restricted from carrying out professional activities under relevant provisions of law.
– Demotion applies only to managerial public employees.
– Disciplining decisions shall be filed in public employee files.
– The Government shall stipulate the application of disciplinary forms, and the order, procedures and competence to discipline public employees.
Statute of limitations and lime limits for disciplining
– Statute of limitations for disciplining is a time limit prescribed by 2010 Law on Public Employees at the end of which a public employee who has committed a violation will not be disciplined.
The statute of limitations for disciplining is 24 months, counting from the date of committing a violation.
– The time limit for disciplining a public employee is a period from the time of detecting a public employee’s violation to the time of issuance of a disciplining decision by competent authorities.
The time limit for disciplining is 2 months. For a case involving complicated circumstances which take a longer time for inspection and examination to verify, this time limit, may be prolonged but must not exceed 4 months.
– For a public employee against whom a criminal case was instituted or who was prosecuted or decided to be brought to trial according to criminal procedures but then his/ her investigation or criminal case is terminated under a decision, if his/her act of violation shows signs of breach of discipline, h+she shall be considered for being disciplined; within 3 working days after the date the investigation or case termination decision is issued, the decision issuer shall send the decision and related documents to the unit managing such public employee for considering disciplining him/her.
Regulations on Work suspension
– While considering disciplining a public employee, if seeing that his/her continued work may cause difficulties to the consideration and disciplining, the head of the public non-business unit may issue a decision to suspend his/her work. The time limit for work suspension is 15 days and may be extended in necessary cases but must not exceed 30 days. Past the period of work suspension, if the public employee is not disciplined, h+she shall be arranged back to his/her old working position.
– In the period of work suspension, public employees are still entitled to salaries under the Government’s regulations.
Compensation and refunding responsibilities
– Public employees who cause loss of or damage to equipment or otherwise cause damage to assets of their public non-business units shall pay compensations for such damage.
– Public employees who, while performing assigned work or tasks, arc at fault in causing damage to other persons for which their public non-business units have to pay compensations, are obliged to refund such compensations lo their public non-business units.
The Government shall detail the determination of amounts to be refunded by public employees.
Other provisions concerning disciplined public employees
– For public employees who arc reprimanded or cautioned, their salary raise period will be prolonged for 3 months or 6 months, respectively: if being demoted, their salary raise period will be prolonged for 12 months while their public non-business units shall change them to other working positions as appropriate.
– Public employees who are disciplined in the form of from reprimand to demotion are not entitled to personnel planning, training, retraining and appointment for 12 months from the effective date of their disciplining decisions.
– Public employees who are being examined for disciplining, investigated, prosecuted or tried may not be appointed, seconded, trained or retrained, retire or discontinue their work.
– Managerial public employees who have been demoted on the ground of acts of corruption or a court sentence for acts of corruption may not be appointed to managerial posts.
– For public employees who are banned or restricted from carrying out professional activities for a specified period under decisions of competent agencies but are not sacked, their public non-business units shall place them in other working positions not related to banned or restricted professional activities.
– Public employees who are disciplined, suspended from work or are obliged to pay compensations or refunds under decisions of their public non-business units may lodge complaints, denunciations or request settlement thereof according to law- established order if they see that such decisions are unsatisfactory.
Provisions on public employees examined for penal liability
– Public employees who arc sentenced to imprisonment by courts and do not have such sentences suspended or arc convicted by the court for acts of corruption shall be sacked from the date the court judgments or rulings take legal effect.
– Managerial public employees who are declared guilty by courts will automatically cease to hold their managerial posts from the dale the court judgments or rulings take legal effect.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
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Frequently asked questions
The Government shall perform the uniform management of public employees.
Public employees who are commended for special merits or achievements shall be considered for ahead-of-schedule or special salary raise according lo the Government’s regulations.
Demotion applies only to managerial public employees.
Conclusion: So the above is Management of public employees in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
