Decision No. 2437/2007/QD-TTCP On the issuance of the Regulation on appointment, reappointment, resignation, and removal of leaders among civil servants and officials under the Government Inspectorate.

Pursuant to …;

Regarding the issuance of the Regulation on the appointment, reappointment, resignation, and removal of leaders among cadres, civil servants, and public officials under the Government Inspectorate.

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GENERAL INSPECTOR

Based on the Inspection Law dated June 15, 2004;

Based on Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Based on Decision No. 27/2003/QĐ-TTg dated February 19, 2003 of the Prime Minister regarding the issuance of the Regulation on the appointment, reappointment, rotation, resignation, and removal of cadres and civil servant leaders;

Considering the proposal of the Director of the Cadre and Civil Service Department,

DECISION:

Article 1. Attached to this Decision is the "Regulation on the appointment, reappointment, resignation, and removal of leaders among cadres, civil servants, and public officials under the Government Inspectorate."

Article 2. This Regulation takes effect from the date of issuance and replaces the corresponding provisions in the Regulations issued together with Decision No. 1313/QĐ-TTNN dated December 31, 2002 of the State Inspector General.

The Heads of Departments and Heads of Units under the Government Inspectorate are responsible for implementing this Regulation.

REGULATIONS

Appointment, Reappointment, Resignation, and Removal of Leaders Among Cadres, Civil Servants, and Public Officials Under the Government Inspectorate

(Issued together with Decision No.: 2437/2007/QĐ-TTCP dated November 13, 2007 of the State Auditor)

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PART I

GENERAL PROVISIONS

Article 1. Scope of Application

This Regulation specifies the procedures for the appointment, reappointment, resignation, and removal of leaders at the departmental and division levels and equivalent positions within departments and units under the Government Inspectorate.

The appointment, reappointment, resignation, and removal of leaders in the Government Inspectorate shall not be governed by this Regulation (Implemented according to Decision No. 68/QĐ-TW dated July 4, 2007 of the Politburo).

Article 2. Interpretation of Terms

Some terms in this Regulation are defined as follows:

1. "Appointment""is the act of the head of the competent authority issuing a decision to assign cadres, civil servants, and public officials to hold a leadership position with a fixed term in an agency or unit."

2. "First-time Appointment""is the act of the head of the competent authority deciding to assign cadres, civil servants, and public officials to hold a leadership position for the first time or to hold a higher leadership position than the current one."

3. "Reappointment""is the act of the head of the competent authority appointing cadres, civil servants, and public officials to continue holding their current leadership positions upon expiration of the initial appointment term."

4. ''Removal"Removal"

5. ''"is the act of the head of the competent authority issuing a decision to terminate the leadership position of cadres, civil servants, and public officials before the end of the appointment term.""Resignation"

6. “serving EBS"is the act of leaders among cadres, civil servants, and public officials voluntarily requesting to terminate their leadership positions before the end of the appointment term and obtaining approval from the competent authority."

"Candidate for Appointment"

Article 3. Principles in the Appointment, Reappointment, Resignation, and Removal of Leaders Among Cadres, Civil Servants, and Public Officials

1. The Party Cadre Committee and the leadership of the Government Inspectorate uniformly lead cadre work and manage the cadre, civil servant, and public official workforce of the Government Inspectorate.

2. The Party Cadre Committee, the leadership of the Government Inspectorate, and the leadership and party committees of subordinate units according to their management level decide on the appointment, reappointment, removal, and approval of resignation requests of leaders among cadres, civil servants, and public officials in a democratic and transparent manner, based on fully exercising the responsibilities and authorities of related organizations and heads of agencies and units.

3. Appointments and reappointments must originate from the requirements and tasks of the agency or unit; they must be based on the conditions and criteria for the appointed position; the moral character, capability, and expertise of the person being appointed.

4. Ensuring stability, continuity, and development of the cadre, civil servant, and public official workforce, enhancing the quality and effectiveness of agency and unit operations.

5. The appointment, reappointment, removal, and approval of resignation requests of leaders among cadres, civil servants, and public officials must be carried out strictly in accordance with the procedures and formalities prescribed in this Regulation.

6. Cadres, civil servants, and public officials who are reassigned to other duties or appointed to new positions will automatically cease to hold other positions they are currently holding if there is no provision for concurrent appointments.

Article 4. Authority to issue appointment decisions

1. The General Inspector decides on appointments, reappointments, dismissals, and approvals of resignation letters for the following positions:

+ Deputy Heads and equivalent positions of Departments and units directly under the Government Inspectorate;

+ Heads and Deputy Heads of Departments and equivalent positions within administrative units.

2. Heads of public service units decide on appointments, reappointments, dismissals, and approvals of resignation letters for Heads and Deputy Heads of Departments and equivalent positions within public service units (after obtaining the consent of the General Inspector).

Chapter II

APPOINTMENT, REAPPOINTMENT

Section 1. APPOINTMENT

Article 5. Conditions for Appointment

1. Officials, civil servants, and public officials appointed must meet general and specific qualifications for the position being appointed.

2. Have complete and clear personal files and biographies that do not violate Regulation No. 57-QD/TW dated May 3, 2007 of the Politburo on internal political security of the Party, confirmed by the competent authority.

3. Possess sufficient health to fulfill assigned tasks.

4. Officials, civil servants, and public officials are not during the period of disciplinary action from a warning or higher.

5. Officials, civil servants, and public officials appointed for the first time must not exceed 55 years old for males and 50 years old for females. In cases where officials, civil servants, and public officials have ceased holding leadership positions and, after a period of work, are considered for appointment to leadership positions, the age condition shall be implemented as stipulated for initial appointments.

6. Officials and civil servants in agencies and units under consideration for appointment generally must be included in the planning for the position being appointed. For officials who have not yet been included in the planning but truly possess practical capabilities and good moral character, with high trust within the agency or unit, they may be appointed even if not included in the planning for the position being appointed.

Article 6. Term of Office

The term of office for each appointment is five years for leaders at the departmental and divisional levels and equivalent positions.

Article 7. General criteria

1. Have a deep sense of patriotism, dedicated to serving the people; have firm political resolve, steadfast in the goal of national independence and socialism, striving to effectively implement the Party's policies and the State's laws.

2. Have good moral character, diligent, thrifty, honest, incorruptible, impartial, and resolute in fighting corruption; have a sense of organizational discipline, set a good example, promote unity within the organization; lead a clean and honest life, be sincere, avoid opportunism, refrain from factional activities, and do not abuse power for personal gain; maintain close ties with the people and earn their trust.

3. Possess management skills, scientific and democratic working style; have clear political views, effective work methods, cooperative spirit in work, assist colleagues, and be trusted by staff within the agency or unit; have methods to build and maintain internal unity.

4. Have practical experience in leading and managing lower-level positions; work effectively; have the ability to summarize practical activities, conduct research, and propose projects within the inspection sector.

5. Have been trained in Marxist-Leninist political theory; have a bachelor's degree or higher in specialized fields, sufficient capability and health to work effectively, meeting the requirements of assigned tasks.

Article 8. Specific criteria for each position

1. Position of Department Head and equivalent

a) Possess leadership, guidance, and management capabilities to direct civil servants and employees within the department or unit, take the lead or cooperate with relevant agencies and organizations to perform tasks; have the ability to unite and consolidate civil servants and employees under their management; demonstrate decisiveness and willingness to take responsibility for assigned work; have the capability to serve as head of large-scale inspection teams.

b) Possess advisory, organizational, and management capabilities to implement policies and guidelines of the Party and State in specialized fields such as inspections, complaints resolution, and anti-corruption; have the ability to research, draft legal documents, projects, programs, and scientific topics at the ministerial level, and propose solutions and methods to implement specialized activities serving the management functions of the Government Inspectorate.

c) Direct and guide professional operations to subordinates and civil servants and employees under their supervision.

d) Meet the minimum professional standards of the Senior Inspector rank or equivalent; have five years or more experience working in the inspection sector or in state administrative management in Party, government, and political-social organizations.

đ) Hold a bachelor's degree or higher in a relevant field corresponding to the professional duties undertaken; currently hold the position of Deputy Department Head or equivalent, or if not, be in the pool for the Department Head or Unit Director positions and possess outstanding abilities and qualities; have advanced theoretical political education; know a commonly used foreign language at level C; proficiently use computers and office equipment for work purposes.

2. Position of Deputy Department Head and equivalent

a) Possess leadership, guidance, and management capabilities to direct civil servants and employees within the department or unit and coordinate with units under the Government Inspectorate to perform tasks assigned by the Department Head or Unit Director; have the ability to unite and consolidate civil servants and employees under their management; have the capability to serve as head of inspection teams.

b) Possess advisory and organizational capabilities to implement policies and guidelines of the Party and State in specialized fields such as inspections, complaints resolution, and anti-corruption; have the ability to research, draft legal documents, projects, programs, and scientific topics and propose solutions and methods to implement specialized activities serving the management functions of the Government Inspectorate.

c) Direct and guide professional operations to subordinates and civil servants and employees under their supervision.

d) Generally meet the professional standards of the Senior Inspector rank or equivalent; have three years or more experience working in the inspection sector or in state administrative management in Party, government, and political-social organizations.

đ) Hold a bachelor's degree or higher in a relevant field corresponding to the professional duties undertaken; have intermediate or higher theoretical political education; know a commonly used foreign language at level C; proficiently use computers and office equipment for work purposes.

3. Position of Division Chief and equivalent

a) Possess leadership, guidance, and management capabilities to direct civil servants and employees within the division and coordinate with subordinate organizations within the department or unit to perform division tasks; have the ability to unite and consolidate civil servants and employees under their management; have the capability to serve as head of inspection teams when assigned by leadership.

b) Possess advisory and organizational capabilities to implement policies and guidelines of the Party and State in specialized fields assigned to the division; have the ability to participate in drafting legal documents, projects, and work programs; lead basic-level scientific research topics and propose solutions to implement specialized activities serving the management functions of the department or unit under the Government Inspectorate.

c) Direct and guide professional operations to civil servants and employees under their supervision.

d) Meet the minimum professional standards of the Inspector rank or equivalent; have three years or more experience working in the inspection sector or in state administrative management in Party, government, and political-social organizations; hold a bachelor's degree in a relevant field corresponding to the professional duties undertaken; have intermediate or higher theoretical political education; know a commonly used foreign language at level C; proficiently use computers and office equipment for work purposes.

4. Position of Deputy Division Chief and equivalent

a) Possess leadership, guidance, and management capabilities to direct civil servants and employees within the division and coordinate with organizations under the department or unit to perform tasks assigned by the Division Chief; have the ability to unite and consolidate civil servants and employees under their management; have the capability to serve as head of inspection teams when assigned by leadership.

b) Possess advisory and organizational capabilities to implement policies and guidelines of the Party and State in specialized fields assigned to the deputy position; have the ability to participate in drafting legal documents, projects, and work programs; lead basic-level scientific research topics and propose solutions to implement specialized activities serving the management functions of the department or unit under the Government Inspectorate.

c) Direct and guide professional operations to civil servants and employees under their supervision.

d) Meet the minimum professional standards of the Inspector rank or equivalent; have three years or more experience working in the inspection sector or in state administrative management in Party, government, and political-social organizations; hold a bachelor's degree in a relevant field corresponding to the professional duties undertaken; know a commonly used foreign language at level B; proficiently use computers and office equipment for work purposes.

Article 9. Appointment Procedures for Departmental Leadership Positions and Equivalent Positions

1. For internal personnel resources:

a) Step 1: Based on the requirements of the position to be appointed, the Personnel Organization Department shall take the lead in coordinating with department heads and unit directors to submit to the Party Cadre and Civil Servant Committee for approval the number of positions to be filled and the proposed job assignments for the appointees.

b) Step 2: Based on the Party Cadre and Civil Servant Committee's approval, the Personnel Organization Department shall take the lead in coordinating with department leaders and unit heads to propose candidates for appointment (one to three candidates may be recommended for each position); the leadership collective and the unit’s party committee shall discuss and reach consensus on written evaluations of the candidates to be submitted to the Party Cadre and Civil Servant Committee for guidance.

c) Step 3: The Personnel Organization Department shall coordinate with departments and units to obtain confidential ballots from the department and unit collectives regarding the proposed appointees according to the following procedure:

+ Announce the Party Cadre and Civil Servant Committee's policy, the criteria for the position to be appointed; summarize the candidate's curriculum vitae, work history, strengths and weaknesses, potential for development, and proposed job assignment.

+ Officials, civil servants, and employees of the department and unit shall fill out ballots to express their trust in the candidates according to the guidelines provided.

+ Conduct ballot counting with the participation of representatives from department and unit leadership. The results of the trust vote have significant reference value and are one of the bases for consideration but not the sole and primary basis for decision-making.

d) Step 4: The Personnel Organization Department shall compile the results of the trust vote and the comments and assessments of department and unit leadership and the Party Branch on the proposed appointees, report to the Chief Inspector for comments, and proceed with further steps such as requiring the candidates to supplement their curriculum vitae and asset declarations; verifying and concluding on new issues that arise (if any); assessing the curriculum vitae file according to Decision No. 57-QD/TW dated May 3, 2007 of the Politburo on certain matters concerning internal political protection within the Party; verifying the candidate's and family's citizen status at their place of residence; obtaining the written opinion of the Party Committee Standing Committee on the proposed appointee.

e) Step 5: The Party Cadre and Civil Servant Committee shall convene to hear the Personnel Organization Department's summary and report on the implementation of the appointment process; analyze the aggregated trust vote results and related organizational comments; discuss, assess, and vote by secret ballot. During discussions, if opinions differ, they must be carefully analyzed before voting. The result is decided by a majority (over 50%). If the vote does not exceed half, it will be left pending for further preparation. In case two candidates have equal votes (50%), the choice of candidate is decided by the Secretary of the Party Cadre and Civil Servant Committee.

f) Step 6: The Personnel Organization Department shall draft a decision for the Chief Inspector to sign the appointment decision for the candidate.

In the event that the Party Cadre and Civil Servant Committee does not approve the appointment, the candidate and relevant departments and units shall be notified.

2. For personnel from other sources:

2.1) In the case of personnel currently working in other departments or units under the Government Inspectorate:

a) Step 1: Based on the cadre planning resources of the agency and the leadership position needs of the department or unit, the Personnel Organization Department shall propose candidates for appointment to be submitted to the Party Cadre and Civil Servant Committee for discussion and agreement on the policy.

b) Step 2: Based on the policy and directives of the Party Cadre and Civil Servant Committee, the Personnel Organization Department shall carry out the following tasks:

+ Arrange for representatives of the Government Inspectorate leadership to meet with the candidate to discuss job requirements and responsibilities;

+ Discuss with the leadership of the department or unit where the candidate is currently working and the unit where they are expected to be transferred; obtain written comments on the candidate from the leadership and party committee of the current unit.

+ Report to the Chief Inspector the opinions of the departments and units.

+ After receiving instructions from the Chief Inspector, arrange for the candidate to supplement their curriculum vitae and declare assets; verify and conclude on new issues that arise (if any); assess the curriculum vitae file according to Decision No. 57-QD/TW dated May 3, 2007 of the Politburo; verify the candidate's and family's citizen status at their place of residence.

+ Obtain the written opinion of the Party Committee Standing Committee on the proposed appointee.

c) Step 3: The Party Cadre and Civil Servant Committee shall convene to hear the Personnel Organization Department's summary and report on the implementation of the appointment process and make decisions according to point (đ), point (e), Clause 1 of this Article.

2.2) In the case of personnel currently working in another agency (not under the Government Inspectorate):

a) Step 1: Based on the requirements of the position to be appointed and the directives of the Government Inspectorate leadership, the Personnel Organization Department and the department/unit leadership shall propose candidates to be reported to the Party Cadre and Civil Servant Committee for review and agreement on the policy.

b) Step 2: Based on the policy and directives of the Party Cadre and Civil Servant Committee, the Personnel Organization Department shall carry out the following tasks:

+ Arrange for representatives of the Government Inspectorate leadership to meet with the candidate to discuss job requirements and responsibilities;

+ Work with the party committee and head of the agency where the candidate is currently working regarding the need to accept and appoint the candidate; obtain written comments on the candidate from the party committee and head of the current agency; investigate and verify the candidate's curriculum vitae; discuss issues related to the candidate that need clarification.

+ Report to the Chief Inspector for comments to exchange with the leadership collective of the department/unit where the candidate is expected to be placed; verify and conclude on issues related to the newly arising candidate (if any).

c) Step 3: The Party Cadre and Civil Servant Committee shall convene to hear the Personnel Organization Department's summary and report on the implementation of the appointment process and make decisions according to point (đ), Clause 1 of this Article.

d) Step 4: Based on the conclusions of the Party Cadre and Civil Servant Committee, the Personnel Organization Department shall draft documents to exchange with the agency where the candidate is currently working; draft a decision for the Chief Inspector to sign the decision to accept and appoint the candidate.

Article 10. Procedures for appointing leadership positions at the department level and equivalent

1. For leadership positions at the department level within administrative units:

1.1) For personnel within the unit:

a) Step 1: Based on the needs of the position to be appointed, the head of the unit shall submit to the Ban Cadres and Party Members' Council (through the Department of Organization and Cadres) regarding the policy, number of positions to be appointed, and proposed work assignments for the position to be appointed.

b) Step 2: Based on the policy and directives of the Ban Cadres and Party Members' Council, the pool of planned cadres, the leadership team, the branch party committee, and the unit shall discuss and propose a candidate and provide comments and evaluations on the candidate; organize a trust vote from cadres and civil servants in the department where the candidate is currently working (except in cases where the candidate is proposed to be transferred and appointed to another department within the same unit), then prepare a report to send to the Department of Organization and Cadres.

c) Step 3: The Department of Organization and Cadres shall compile the results of the trust votes and comments and evaluations from the leadership, branch party committee, and unit regarding the proposed candidates; report to the Chief Inspector for comments to continue with certain tasks: request the candidate to supplement their resume, asset declaration; verify and conclude any new issues that arise (if any); review the resume and background according to Regulation No. 57-QD/TW dated May 3, 2007 of the Politburo; verify the citizen status of the cadre and their family at their place of residence; seek the opinion of the Standing Committee of the Party Committee of the agency in writing regarding the proposed candidate for appointment.

d) Step 4: The Ban Cadres and Party Members' Council shall convene to hear the Department of Organization and Cadres summarize and report on the implementation of the appointment process and consider and decide according to point (d), point (e) Clause 1, Article 9 of this Regulation.

1.2) For personnel from other sources:

a) In the case of personnel currently working in other departments or units under the Government Inspectorate:

+ Step 1: Based on the needs of the position to be appointed and the pool of planned cadres of the agency, the Department of Organization and Cadres shall propose candidates for appointment to the Ban Cadres and Party Members' Council for discussion and agreement on the policy.

+ Step 2: Based on the policy and directives of the Ban Cadres and Party Members' Council, the Department of Organization and Cadres shall consult with the leadership of the department or unit where the candidate is currently working and the unit they are proposed to be transferred to; seek opinions and evaluations of the candidate from the leadership and party committee of the unit where the candidate is currently working; report to the Chief Inspector on the opinions of the units and seek guidance.

+ Step 3: After receiving instructions from the Chief Inspector, the Department of Organization and Cadres shall continue with the following steps: request the candidate to supplement their resume and asset declaration; verify and conclude any new issues that arise (if any); review the resume and background according to Regulation No. 57-QD/TW dated May 3, 2007 of the Politburo; verify the citizen status of the cadre and their family at their place of residence; seek the opinion of the Standing Committee of the Party Committee of the agency in writing regarding the proposed candidate for appointment.

+ Step 4: The Ban Cadres and Party Members' Council shall convene to hear the Department of Organization and Cadres summarize and report on the implementation of the appointment process and consider and decide according to point (d), point (e) Clause 1, Article 9 of this Regulation.

b) In the case of personnel currently working in other agencies (not under the Government Inspectorate):

a) Step 1: Based on the needs of the position to be appointed, the Department of Organization and Cadres and the leadership of the department or unit shall propose candidates to the Ban Cadres and Party Members' Council for consideration and agreement on the policy.

b) Step 2: Based on the policy and directives of the Ban Cadres and Party Members' Council, the Department of Organization and Cadres shall carry out the following tasks: meet with the candidate to discuss job requirements; work with the party committee and head of the agency where the candidate is currently working to discuss the need for appointment, seek opinions and evaluations from the party committee and head; investigate and verify the background of the candidate; verify the citizen status of the candidate and their family at their place of residence; verify and conclude any new issues that arise (if any).

c) Step 3: The Ban Cadres and Party Members' Council shall convene to hear the Department of Organization and Cadres summarize and report on the implementation of the appointment process and consider and decide according to point (d) Clause 1, Article 9 of this Regulation.

d) Step 4: Based on the conclusions of the Party Cadre and Civil Servant Committee, the Personnel Organization Department shall draft documents to exchange with the agency where the candidate is currently working; draft a decision for the Chief Inspector to sign the decision to accept and appoint the candidate.

2. For leadership positions at the department level within public service units:

2.1) For personnel within the unit:

a) Step 1: Based on the needs of the position to be appointed, the pool of planned cadres, the leadership team, and the branch party committee shall discuss and propose a candidate and provide comments and evaluations on the candidate.

b) Step 2: The head of the unit shall direct the organizational and cadres management section to carry out the following tasks:

+ Organize a trust vote from cadres and civil servants in the department where the candidate is currently working (except in cases where the candidate is proposed to be transferred and appointed to another department within the same unit).

+ Compile the results of the trust vote to report to the head of the public service unit for guidance to continue with the following tasks: request the candidate to supplement their resume and asset declaration; verify and conclude any new issues that arise (if any); review the resume and background according to Regulation No. 57-QD/TW dated May 3, 2007 of the Politburo; verify the citizen status of the cadre and their family at their place of residence; seek the opinion of the Standing Committee of the Party Committee of the agency in writing regarding the proposed candidate for appointment.

c) Step 3: The leadership team and branch party committee of the public service unit shall hear the organizational and cadres management section report on the implementation of the appointment process; analyze the results of the compiled trust votes and comments and evaluations from related organizations; discuss, evaluate, and vote by secret ballot. The result is decided by majority (over 50%). If the result does not exceed half, it will be left for further preparation. In the case of two candidates having equal votes (50%), the choice of candidate is decided by the head of the unit.

d) Step 4: The head of the public service unit shall report to the Chief Inspector (through the Department of Organization and Cadres) for comments on the proposed candidate for appointment; decide to appoint the candidate after obtaining the consent of the Chief Inspector.

2.2) For personnel from other sources (outside the unit):

a) Step 1: Based on the needs of the position to be appointed, the pool of planned cadres, the leadership team, and the branch party committee shall discuss and agree on the policy regarding the candidate.

b) Step 2: The head of the unit shall direct the organizational and cadres management section to carry out the following tasks:

+ Arrange for the unit's leadership representative to meet with personnel to discuss job requirements and tasks; work with the party committee and head of the agency where the personnel are currently working to exchange opinions on the need for appointment and obtain comments from the party committee and head regarding the personnel; investigate and verify the personnel's background; discuss issues related to the personnel that need clarification.

+ Report to the unit head for comments to exchange with the leadership team of the department where the personnel are expected to be assigned; verify and conclude new issues arising (if any).

c) Step 3: The leadership collective and the Party branch of the public service unit hear the organizational cadre work section report on the implementation results of the appointment process and consider and decide according to step 3 of point (2.1) of Clause 2 of this Article.

d) Step 4: The head of the public service unit reports to seek the opinion of the General Inspector (through the Cadre and Organizational Department) on the proposed personnel; draft documents to exchange with the agency where the personnel are currently working, deciding to accept and appoint the personnel after obtaining the consent of the General Inspector.

In cases where personnel are working in departments or units under the Government Inspectorate's administrative sector, the Cadre and Organizational Department will submit to the General Inspector for transfer to a public service unit, and the unit head will decide on the appointment according to the delegated authority.

Article 11. Appointment Proposal File

The appointment proposal file includes:

1. A proposal document for personnel;

2. A self-declared resume (model 2C/TCTW) confirmed by the competent authority; Property declaration form;

3. A copy of the birth certificate (if available), certificates and diplomas regarding educational qualifications, professional training, political theory, foreign languages, computer skills, etc.;

4. A self-assessment statement by the personnel;

5. Comments from the leadership and party committee of the unit, the Standing Committee of the Party Committee of the Government Inspectorate (if applicable); comments from the local government representative where the personnel reside regularly regarding the personnel's and their family's citizen status;

6. Minutes of the summary of opinions collected; conclusion and verification documents and related documents (if any);

7. A proposal for appointment.

Section 2. REAPPOINTMENT

Article 12. Time for Considering Reappointment

1. When the term of office of leaders as cadres, civil servants, and public officials expires according to regulations, they must be considered for reappointment or not reappointed.

2. Leaders who, after being appointed, due to specific reasons such as poor health, unsuitability for working conditions, failure to complete tasks... shall have relevant agencies recommend timely replacement to the competent authority, without waiting until the end of the term of office.

Article 13. Conditions for Reappointment

1. There is a need for positions and titles for reappointment within the agency or unit;

2. Cadres, civil servants, and public officials:

a) Complete tasks during the term of office;

b) Meet the standards stipulated in Articles 7 and 8 of this Regulation at the time of considering reappointment and can meet future work requirements;

c) Be in good health to continue holding the previous position.

Article 14. Reappointment for Certain Cases Without Completing a Full Term

1. Leaders who still have from two to less than five years of service before retirement age, if reappointed, the term of reappointment will be calculated up to the retirement age as prescribed.

2. Leaders who have less than two years of service before retirement age, shall not be reappointed but considered for extending the term of leadership to the retirement age as prescribed.

Article 15. Procedure for Reappointment

1. Officials, civil servants, and employees in leadership positions shall prepare a self-assessment report on the performance of their assigned duties during their tenure.

2. The collective of officials, civil servants, and employees within the department or unit (if it is a department-level leader, opinions from officials and civil servants in that department shall be sought) shall provide comments and vote confidentially on trustworthiness. Comments from officials, civil servants, and employees shall be recorded in the minutes.

3. The head of the unit directly using the services of the official, civil servant, or employee in a leadership position shall provide remarks, evaluations, and recommendations regarding reappointment or non-reappointment.

4. The Organization and Cadre Department (or the organizational cadre work section) shall seek opinions from the party cell and residential community where the official, civil servant, or employee resides concerning their moral character, lifestyle, and adherence to Party policies, state laws, and local regulations; consolidate remarks, evaluations, and recommendations from the head of the unit regarding personnel matters, and report to the Chief Inspector (or the head of the enterprise unit according to the level of authority).

5. The Chief Inspector shall conduct discussions with the leadership collective of the Government Inspectorate to consider and decide on reappointment for leadership positions in subordinate departments and units and department-level leaders in administrative units.

The head of the enterprise unit shall conduct discussions with the leadership collective of the unit to consider and decide on reappointment for department-level leaders in subordinate units after obtaining approval from the Chief Inspector.

Chapter III

RESIGNATION, REMOVAL FROM OFFICE

Article 16. Resignation

1. During the term of office, if an official, civil servant, or employee considers themselves not qualified to fulfill the assigned responsibilities or has other reasons to resign, they shall submit a resignation letter to the department head or the head of the unit directly employing them for review, and then submit it to the competent authority for appointment to consider and decide.

2. The Organization and Cadre Department or the organizational cadre work section shall be responsible for compiling the resignation dossier and submitting it to the Party Cadre Affairs Committee, Chief Inspector, or heads of enterprise units for consideration and decision.

The dossier must include: the resignation letter of the official, civil servant, or employee in a leadership position; comments from the leadership collective of the department or unit clearly stating the opinion to approve resignation; a report on the resignation request.

3. The Party Cadre Affairs Committee, Chief Inspector shall consider and decide to approve the resignation letters of officials, civil servants, and employees in leadership positions in subordinate departments and units and department-level leaders in administrative units.

The head of the enterprise unit shall consider and decide to approve the resignation letters of officials, civil servants, and employees in department-level leadership positions in subordinate units after obtaining approval from the Chief Inspector.

4. Until the competent authority issues a decision approving the resignation, the official or civil servant in a leadership position must continue to perform their assigned duties.

5. After resignation, officials, civil servants, and employees in leadership positions shall be reassigned to other tasks by the direct managing agency.

Article 17. Removal from Office

1. Officials, civil servants, and employees holding leadership positions may be considered for removal and reassignment to other tasks without waiting until the end of their appointed term in the following cases:

a) Due to work requirements.

b) Due to poor health.

c) Due to failure to complete assigned duties.

d) Due to misconduct that does not warrant disciplinary dismissal but has eroded their credibility and ability to hold the position.

2. The head of the Organization and Cadre Department and the leadership of the department or unit shall be responsible for identifying and advising on cases for removal.

The dossier for removal shall include: a self-assessment and evaluation report from the official, civil servant, or employee in a leadership position; comments from the leadership collective of the department or unit clearly stating the reason for removal; the opinion of the Party Cell's Standing Committee on removal; a report on the removal request for the official, civil servant, or employee.

3. The Party Cadre Affairs Committee, Chief Inspector shall consider and decide on the removal of officials, civil servants, and employees in leadership positions in subordinate departments and units and department-level leaders in administrative units.

The head of the enterprise unit shall decide on the removal of department-level leaders in subordinate units (after reporting and seeking the opinion of the Chief Inspector).

Chapter IV

IMPLEMENTATION

Article 18. Responsibility for Implementation

Within their scope of responsibility and authority, the department head or head of the unit shall proactively implement this Regulation.

The Organization and Cadre Department shall be responsible for guiding, urging, and inspecting departments and units in implementing this Regulation.

During the implementation process, if there are unclear issues or need for amendments, departments and units shall reflect these to the Organization and Cadre Department for reporting to the Chief Inspector for consideration and guidance./.