Decision No. 27/2003/QĐ-TTg On the Issuance of Regulations on Appointment, Reappointment, Rotation, Resignation, and Removal of Leading Cadres and Civil Servants

 Pursuant to …;

Decision of the Government Prime Minister No. 27/2003/QĐ-TTg dated February 19, 2003 on the issuance of the Regulation on appointment, reappointment, rotation, resignation, and removal of leaders.

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Civil Servant Law on February 26, 1998;
To implement Decision No. 51-QĐ/TW dated May 3, 1999 of the Party Central Committee on the issuance of the Regulation on appointment of cadres and Resolution No. 11-NQ/TW dated January 25, 2002 of the Party Central Committee on the rotation of leading cadres and managers;
At the request of the Minister of Home Affairs,

DECISION:

Article 1. This Decision promulgates the Regulation on appointment, reappointment, rotation, resignation, and removal of leaders in administrative agencies, public institutions, and state-owned enterprises.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

The Minister of Home Affairs shall be responsible for monitoring and inspecting the implementation of this Decision.

Article 3. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities, and Chairpersons of Management Councils of State-Owned Enterprise Group 91 are responsible for implementing this Decision.

REGULATIONS

Appointment, Reappointment, Rotation, Resignation, and Removal of Leaders
(Issued together with Decision No. 27/2003/QĐ-TTg dated February 19, 2003 of the Government Prime Minister).

PART I
GENERAL PROVISIONS

Article 1This Regulation stipulates the procedures for the appointment, reappointment, rotation, resignation, and removal of leaders holding positions from deputy department head level and above in administrative agencies, public institutions, and state-owned enterprises.

Article 2. Some terms in these Regulations are understood as follows:

1. Appointment is the act of the head of the competent authority issuing a decision to assign a cadre or civil servant to hold a leadership position with a fixed term within an agency or unit.

2. Initial appointment is the act of the head of the competent authority making the first decision to assign a cadre or civil servant to hold a leadership position or to assign them to a higher leadership position than the one they are currently holding.

3. Reappointment is the act of the head of the competent authority appointing a leader to continue holding their current leadership position when their initial appointment period has expired.

4. Rotation is the act of the head of the competent authority assigning a leader to hold a new leadership position during the process of planning and training development.

5. Removal is the act of the head of the competent authority issuing a decision to terminate the leadership position of a cadre or civil servant before the end of their appointment period.

6. Resignation is the act of a leader voluntarily requesting to terminate their leadership position before the end of their appointment period and having their request approved by the competent authority.

Article 3Principles in the appointment, reappointment, rotation, removal, or resignation of leaders:

1. Party committees at all levels directly lead the work of appointment, reappointment, rotation, removal, or resignation of cadres and civil servants according to the management hierarchy of the central level and in accordance with established procedures.

2. Implement the principle of democratic centralism, promoting the responsibility of the head (hereinafter referred to as the Head) of the agency or unit; cadres and civil servants appointed, reappointed, or rotated must meet the required standards as prescribed by law.

3. Based on the requirements and tasks of the agency or unit and the conditions and standards of cadres and civil servants.

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

5. The authority that decides on appointment also has the authority to decide on reappointment, rotation, removal, or acceptance of resignation applications from leaders.

6. For certain special positions, if the appointment or removal has been regulated in other legal documents, then the document with higher legal validity shall be applied.

Article 4. Responsibilities and authorities for the appointment, reappointment, rotation, removal, or acceptance of resignation applications from leaders are implemented as follows:

1. The Head of the agency or unit proposes and evaluates the cadres and civil servants proposed; discusses in the leadership collective of the agency or unit.

2. Solicit opinions from the party committee.

3. Organize trust votes within the agency or unit.

4. The Head of the agency or unit issues the appointment decision or proposes to the competent authority for consideration and issuance of the appointment decision and must bear responsibility for their decision or proposal.

Chapter II
APPOINTMENT, REAPPOINTMENT, AND ROTATION OF LEADERS

Section 1. APPOINTMENT

Article 5. The term of each appointment is five years; for certain special agencies or units, the term may be shorter as prescribed.

Article 6. Conditions for appointment:

1. Meeting the general standards for cadres and civil servants and specific standards for each appointed position as stipulated by the Party and State;

2. Having complete personal files verified clearly by competent authorities, including declarations of assets, houses, and land as required;

3. Age for initial appointment:

a- For male cadres and civil servants not exceeding fifty-five years old and female cadres and civil servants not exceeding fifty years old;

b- Specifically, for the positions of deputy head of district or county departments and equivalent, the age for initial appointment shall not exceed forty-five years old (for both males and females);

c- In cases where cadres and civil servants have ceased to hold leadership positions and are considered for reappointment to leadership roles after a period of work, the age condition will be implemented according to the initial appointment regulations;

4. Being in good health to fulfill assigned tasks;

5. Not being under disciplinary action ranging from reprimand to removal from office.

, Clause 1, Clause 2 Article 7a of this Regulation.. Procedures for appointing cadres and civil servants to leadership positions:

1. Agencies or units requiring appointments submit proposals to competent authorities for approval on policy, quantity, and proposed job assignments for the positions to be appointed;

2. After obtaining approval from competent authorities, unit leaders propose specific candidates through the following steps:

a- For internal candidates:

- The head and collective leadership of the agency or unit propose candidate plans based on cadre planning resources or recommendations from cadres and civil servants within the agency or unit;

- The collective leadership of the agency or unit discusses and selects candidates based on evaluations and trust assessments of cadres and civil servants within the agency or unit. When appointing a position, one to three candidates may be recommended for selection;

- A meeting is held with key cadres of the agency or unit to exchange and discuss requirements and criteria for appointed cadres and civil servants; announce the list of recommended cadres and civil servants; summarize their biographies, educational and work histories; evaluate strengths, weaknesses, potential for development; propose job assignments; candidates present their views on fulfilling duties if appointed and answer related questions;

- The collective leadership of the agency or unit considers and concludes on any new issues arising (if any);

- The Party Committee or Standing Committee of the Party Committee of the agency provides comments in writing on the proposed candidates;

- The collective leadership of the agency or unit discusses and votes. The proposed candidate must be approved by a majority of the members of the collective leadership. The head of the agency or unit makes the appointment decision or proposes it to a higher authority for consideration;

b- For external candidates:

- Unit leaders propose candidates or higher authorities introduce them;

- The collective leadership of the agency or unit discusses and agrees on policies and conducts the following activities: representatives of the leadership meet with proposed candidates to discuss job requirements; work with the Party Committee and head of the agency or unit where the candidate works to exchange opinions on the need for appointment, understand and verify the candidate's biography; exchange results of working with the agency or unit where the candidate works; seek the Party Committee's opinion on appointing the candidate; discuss, evaluate, and vote; the head of the agency or unit accepts and decides on the appointment or proposes it to a higher authority for consideration;

3. For cases requiring higher authority appointments, a report must be submitted along with necessary files as currently prescribed.

Section 2. REAPPOINTMENT

Article 8. Leaders who have completed their term of office must be considered for reappointment or not reappointed.

Article 9Conditions for reappointment:

1. Completion of assigned tasks during the term of office;

2. Meeting the leadership cadre standards prescribed at the time of reappointment consideration, capable of fulfilling future work requirements;

3. The agency or unit has a need;

4. Being in good health to fulfill assigned duties and responsibilities.

Article 10.

1. Leaders appointed before this Regulation takes effect, if they have served for five years or more (counted from the date of appointment decision), must undergo reappointment consideration.

2. For leaders with two to less than five years of service before retirement age, if reappointed, the term of reappointment will be calculated until the retirement age as stipulated.

3. For leaders with less than two years of service before retirement age, the authority with jurisdiction may consider extending the term of leadership position until the retirement age as stipulated.

Article 11Procedure for Reappointment:

1. Leaders prepare a self-assessment report on the performance of their duties and responsibilities during their term of office according to the Cadre and Civil Servant Evaluation Regulation and submit it to the Head of the agency or unit or the authority with jurisdiction.

2. The collective of cadres and civil servants (or the leadership collective) in the agency or unit provide opinions. Then, the minutes are submitted to the Head of the agency or unit or the authority with jurisdiction.

3. The Head of the agency or unit directly using the leader evaluates and proposes an opinion on reappointment or non-reappointment.

4. After discussion within the leadership collective, the Head of the agency or unit decides or proposes the authority with jurisdiction to decide.

Section 3. TRANSFER

Article 12. The transfer of leaders to another position as part of planning for training, development, and effective utilization of the cadre and civil servant leadership team must be based on work requirements and match the cadre's and civil servant's capabilities.

Article 13The process of building and implementing the annual transfer plan for cadres and civil servants shall follow the following procedure:

1. The unit develops the transfer plan for cadres and civil servants;

2. The Party Committee and the Head of the agency or unit discuss and approve the annual transfer plan within their jurisdiction;

3. The personnel organization department of the unit prepares the living conditions for cadres and civil servants to take up new positions;

4. The Head of the agency or unit meets with cadres and civil servants to discuss the transfer policy; listens to their aspirations and individual opinions before making a decision;

5. The Head and the leadership collective of the agency or unit make specific decisions on each transfer case within their management authority.

Article 14Cadres and civil servants must strictly comply with the transfer decision. Those with authority to decide must bear responsibility for their decisions.

Chapter III:
RESIGNATION AND REMOVAL FROM OFFICE

Article 15When cadres and civil servants are reassigned to other work or appointed to a new position, they automatically cease holding their current position.

Article 16Leaders requesting resignation must submit a letter to the direct managing leadership for consideration and decision.

Article 17.

1. Within one month of receiving the resignation letter, the direct managing agency must consider and decide or report to the authority with jurisdiction for decision.

2. Until the authority with jurisdiction approves the resignation, leaders must continue to perform their assigned duties and responsibilities.

3. After resignation, leaders will be reassigned to other work by the managing agency.

Article 18. Leaders may be removed from office and reassigned due to work needs or situations such as failing to meet health requirements, failing to complete assigned tasks, or violating Party discipline and national laws without reaching the level of dismissal.