Decree No. 29/2024/NĐ-CP stipulates the standards for leadership and management positions of civil servants in administrative state agencies.

DECREE
Regulations on job titles for civil servants
leadership, management in administrative agencies

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Civil Servants and Public Officials Law dated November 13, 2008; the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Law on Public Service Personnel dated November 25, 2019;

At the request of the Minister of Home Affairs,

The Government promulgates this Decree to stipulate the criteria for leadership and management positions of civil servants in state administrative agencies.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. Ministries and ministerial-level agencies (hereinafter referred to collectively as "Ministries").

2. Office of the National Assembly, Office of the President.

3. Agencies under the Government.

4. Administrative machinery assisting the Supreme People's Court, Supreme People's Procuracy, State Audit Agency, and agencies under the management authority of the Standing Committee of the National Assembly.

5. Specialized agencies under provincial People's Committees, municipalities directly under the central government, Office of Delegations of the National Assembly and People's Councils of provinces, municipalities directly under the central government (hereinafter referred to collectively as "Departments and equivalent bodies").

6. Specialized agencies under district People's Committees, urban districts, towns, provincial cities, municipalities directly under the central government (hereinafter referred to collectively as "Offices and equivalent bodies").

7. Other administrative state agencies established in accordance with the provisions of law.

Article 2. Applicability

1. For Ministries:

a) Deputy Ministers, Deputy Heads of ministerial-level agencies (hereinafter referred to collectively as "Deputy Ministers");

b) Department Directors, Bureau Chiefs, Heads of Ministry Offices, Heads of Ministry Inspectors (hereinafter referred to collectively as "Department Directors and equivalent positions within Ministries");

c) Deputy Department Directors, Deputy Bureau Chiefs, Deputy Heads of Ministry Offices, Deputy Heads of Ministry Inspectors (hereinafter referred to collectively as "Deputy Department Directors and equivalent positions within Ministries");

d) Section Chiefs within Departments, Bureaus, Ministry Offices, Ministry Inspectors; Heads of Bureau Offices within Ministries, Heads of Bureau Inspectors, Branch Chiefs within Bureaus under Ministries (hereinafter referred to collectively as "Section Chiefs and equivalent positions within Ministries");

đ) Deputy Section Chiefs within Departments, Bureaus, Ministry Offices, Ministry Inspectors; Deputy Heads of Bureau Offices within Ministries, Deputy Heads of Bureau Inspectors, Deputy Branch Chiefs within Bureaus under Ministries (hereinafter referred to collectively as "Deputy Section Chiefs and equivalent positions within Ministries");

e) Section Chiefs and equivalent positions within Branches under Bureaus under Ministries;

g) Deputy Section Chiefs and equivalent positions within Branches under Bureaus under Ministries.

2. For General Departments and equivalent bodies under Ministries:

a) General Department Directors and equivalent positions,

b) Deputy General Department Directors and equivalent positions;

c) Department Directors, Bureau Chiefs, Heads of General Department Offices, Heads of General Department Inspectors (hereinafter referred to collectively as "Department Directors and equivalent positions within General Departments");

d) Deputy Department Directors, Deputy Bureau Chiefs, Deputy Heads of General Department Offices, Deputy Heads of General Department Inspectors (hereinafter referred to collectively as "Deputy Department Directors and equivalent positions within General Departments");

đ) Section Chiefs within Bureaus, General Department Offices, General Department Inspectors; Heads of Bureau Offices within General Departments, Branch Chiefs within Bureaus under General Departments (hereinafter referred to collectively as "Section Chiefs and equivalent positions within General Departments");

e) Deputy Section Chiefs within Bureaus, General Department Offices, General Department Inspectors; Deputy Heads of Bureau Offices within General Departments, Deputy Branch Chiefs within Bureaus under General Departments (hereinafter referred to collectively as "Deputy Section Chiefs and equivalent positions within General Departments");

g) Section Chiefs and equivalent positions within Branches under Bureaus under General Departments;

h) Deputy Section Chiefs and equivalent positions within Branches under Bureaus under General Departments.

3. For Departments and equivalent bodies:

a) Department Directors, Heads of Offices of Delegations of the National Assembly and People's Councils, Heads of Provincial People's Committee Offices, Heads of Provincial Inspection Agencies, Heads of Ethnic Minority Affairs Boards (hereinafter referred to collectively as "Department Directors and equivalent positions");

b) Deputy Department Directors, Deputy Heads of Offices of Delegations of the National Assembly and People's Councils, Deputy Heads of Provincial People's Committee Offices, Deputy Heads of Provincial Inspection Agencies, Deputy Heads of Ethnic Minority Affairs Boards (hereinafter referred to collectively as "Deputy Department Directors and equivalent positions");

c) Branch Chiefs, Board Chiefs, Section Chiefs within Departments; Section Chiefs within Offices of Delegations of the National Assembly and People's Councils, Section Chiefs within Provincial People's Committee Offices, Heads of Department Offices, Heads of Department Inspection Agencies, Section Chiefs within Ethnic Minority Affairs Boards (hereinafter referred to collectively as "Section Chiefs and equivalent positions within Departments");

d) Deputy Branch Chiefs, Deputy Board Chiefs, Deputy Section Chiefs within Departments; Deputy Section Chiefs within Offices of Delegations of the National Assembly and People's Councils, Deputy Section Chiefs within Provincial People's Committee Offices, Deputy Heads of Department Offices, Deputy Heads of Department Inspection Agencies, Deputy Section Chiefs within Ethnic Minority Affairs Boards (hereinafter referred to collectively as "Deputy Section Chiefs and equivalent positions within Departments");

đ) Section Chiefs and equivalent positions within Branches, Boards under Departments (hereinafter referred to collectively as "Section Chiefs and equivalent positions within Branches under Departments");

e) Deputy Section Chiefs and equivalent positions within Branches, Boards under Departments (hereinafter referred to collectively as "Deputy Section Chiefs and equivalent positions within Branches under Departments").

4. For Office and equivalent bodies under District People's Committees:

a) Heads of District People's Council and People's Committee Offices, Section Chiefs within District People's Committees (hereinafter referred to collectively as "Section Chiefs and equivalent positions at the district level");

b) Deputy Heads of District People's Council and People's Committee Offices, Deputy Section Chiefs within District People's Committees (hereinafter referred to collectively as "Deputy Section Chiefs and equivalent positions at the district level").

5. The positions and titles specified in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article shall be determined according to the organizational structure of the agency or organization in accordance with the provisions of law.

Positions and titles in administrative state agencies specified in Clause 7 of Article 1 of this Decree shall be determined according to the name of the agency, organization, or unit and shall be considered equivalent to appropriate positions and titles according to the level of management or as decided by the competent authority.

6. Leadership and management positions in the agencies specified in Clause 2, Clause 3, and Clause 4 of Article 1 of this Decree shall be applied in accordance with the provisions of Article 3 of this Decree.

7. Leadership and management positions in the Ministry of Defense and the Ministry of Public Security shall be implemented in accordance with the regulations of the Party and specialized laws; the provisions of this Decree shall be applied as decided by the Minister of Defense and the Minister of Public Security.

Article 3. Apply the position and title standards for leadership and management positions in the National Assembly Office, the President's Office, government agencies, administrative machinery assisting the Supreme People's Court, the Supreme People's Procuracy, the State Audit Agency, and agencies under the management authority of the National Assembly Standing Committee.

1. For the National Assembly Office and the President's Office:

a) Deputy Director: Apply the standard of a Deputy Minister;

b) Department Head and equivalent, Deputy Department Head and equivalent: Apply the standard of Department Heads and equivalents, Deputy Department Heads and equivalents in Ministries;

c) Section Chief and equivalent, Deputy Section Chief and equivalent: Apply the standard of Section Chiefs and equivalents, Deputy Section Chiefs and equivalents in Ministries.

2. For government agencies, excluding the State Capital Management Committee at Enterprises:

a) Head of government agency: Apply the standard of a Deputy Minister, except for positions and titles managed by the Politburo;

b) Deputy to the head of government agency: Apply the standard of a General Director and equivalent;

c) Head and deputy to the head of organizations and units under government agencies: Apply the standard of Department Heads and equivalents, Deputy Department Heads and equivalents in General Departments;

d) Head and deputy to the head of departments and equivalent under organizations and units under government agencies: Apply the standard of Section Chiefs and equivalents, Deputy Section Chiefs and equivalents in General Departments.

3. For the State Capital Management Committee at Enterprises:

a) Deputy Chairman of the State Capital Management Committee at Enterprises: Apply the standard of a Deputy Minister;

b) Department Head and equivalent, Deputy Department Head and equivalent: Apply the standard of Department Heads and equivalents, Deputy Department Heads and equivalents in Ministries;

c) Section Chief and equivalent, Deputy Section Chief and equivalent: Apply the standard of Section Chiefs and equivalents, Deputy Section Chiefs and equivalents in Ministries.

4. The Chief Justice of the Supreme People's Court, the Prosecutor General of the Supreme People's Procuracy, and the General Auditor decide on the application of the position and title standards stipulated in this Decree for equivalent positions in the administrative machinery assisting under their vertical management authority.

Chapter II
STANDARDS FOR POSITIONS
LEADERSHIP AND MANAGEMENT CIVIL SERVANTS

Section 1

COMMON STANDARDS APPLIED TO
LEADERSHIP AND MANAGEMENT CIVIL SERVANT POSITIONS

Article 4. Political Ideology

1. Loyalty to the interests of the Party, the nation, and the people; firm commitment to Marxism-Leninism, Ho Chi Minh Thought, the goal and ideal of national independence and socialism, and the Party's reform policy.

2. Have a solid political stance, viewpoint, and resolve to firmly defend the Party's Program, policies, Constitution, and laws.

3. Have a spirit of patriotism, placing the interests of the Party, the nation, and the people above personal interests.

4. Obey the division of labor by the agency or organization; adhere to the discipline of speech according to the principles and regulations of the Party and the law.

Article 5. Morality, Lifestyle, Organizational Discipline Awareness

1. Possess bright and exemplary moral qualities; live honestly, modestly, sincerely, and simply; have a spirit of diligence, thrift, integrity, and impartiality; do not engage in corruption or seek personal gain; do not allow relatives or acquaintances to exploit one's position and power for personal gain.

2. Be highly responsible for work.

3. Foster unity, set a good example; have the ability to utilize and value talented individuals, guide and assist colleagues; care about the material and spiritual well-being of civil servants, officials, and workers.

4. Actively combat signs of ideological and moral degradation, lifestyle degeneration, self-evolution, and self-transformation within the organization; fight against corruption, waste, negativity, opportunistic lifestyles, cliquism, and group interests.

5. Adhere to and strictly implement organizational and disciplinary principles, democratic centralism, self-criticism, and criticism; comply with regulations, internal rules, and systems of the workplace; report fully and truthfully to superiors; provide accurate, timely, and objective information when required; declare and disclose assets and income as prescribed.

Article 6. On Qualifications

1. Graduation from a university or higher level in accordance with the profession or field of work as prescribed by the competent authority.

2. Political theory:

a) Hold a bachelor's degree in political science or a high-level political theory certificate or a high-level political theory and administration certificate, or have a certificate of equivalent high-level political theory issued by the competent authority: Apply to positions and titles at points a, b, and c of Clause 1; points a, b, and c of Clause 2; point a of Clause 3 of Article 2 of this Decree;

b) Hold a mid-level political theory certificate or above, or have a certificate of equivalent mid-level political theory issued by the competent authority: Apply to remaining positions and titles in Clause 1, Clause 2, Clause 3, and positions and titles in Clause 4 of Article 2 of this Decree.

3. On State Management:

a) Hold a certificate for training knowledge and skills in state management for senior civil servants and equivalent positions: Apply to positions and titles at points a and b of Clause 1; points a, b, and c of Clause 2; point a of Clause 3 of Article 2 of this Decree;

b) Hold a certificate for training knowledge and skills in state management for principal civil servants and equivalent positions or above: Apply to positions and titles at points c and d of Clause 1; point d of Clause 2; point b of Clause 3 of Article 2 of this Decree;

c) Hold a certificate for training knowledge and skills in state management for civil servants and equivalent positions or above: Apply to remaining positions and titles in Clause 1, Clause 2, Clause 3, and positions and titles in Clause 4 of Article 2 of this Decree.

4. Possess language proficiency appropriate to leadership and management positions according to the regulations of the ministry, sector, or locality where working, or be able to use ethnic minority languages in cases related directly to ethnic minorities or working in ethnic minority regions. The determination of language proficiency and equivalent certificates shall be carried out in accordance with the provisions of the law.

Article 7. On Competence and Reputation

1. Have innovative thinking and scientific working methods; possess the ability to synthesize, analyze, and forecast.

2. Master the contents of state management and legal regulations within the profession or field; have the ability to identify limitations and inadequacies in practice and propose solutions to resolve them.

3. Possess the ability to implement Party policies and organize the implementation of legal regulations.

4. Have the ability to unite and mobilize collective strength; be dynamic, creative, daring to think, act, and take responsibility for the common good; have outstanding achievements and specific products during the course of work that meet the standards for the proposed position or title.

5. Possess leadership and organizational abilities to implement professional tasks.

Article 8. On Health, Age, and Work Experience

1. Be in good health to fulfill assigned tasks.

2. Meet the age requirement for appointment; be planned for the proposed position or title or a higher equivalent position according to the regulations.

3. Have specific achievements, results, and products during the course of work; in the case of appointing personnel from outside, the achievements, results, and specific products must be consistent with the standards for the proposed position or title.

4. Have practical experience and work time suitable:

a) In the case of appointing from internal personnel

In the case of the organization currently working having constituent units: Ensure having held leadership and management positions in constituent units; the time holding the current position or an equivalent adjacent position to the proposed position is at least two years (24 months), if not continuous, it can be accumulated (only accumulate the time holding equivalent positions).

In the case of the organization currently working without constituent units: Ensure continuous work time in the corresponding profession or field according to the specific position or title as prescribed.

b) In the case of appointing personnel from external sources

In the case of the organization currently working without constituent units: Ensure continuous work time in the corresponding profession or field according to the specific position or title as prescribed;

In the case of the organization currently working with constituent units and proposed appointment in an organization without constituent units: Ensure the time holding an equivalent adjacent position to the proposed position as prescribed in point a of this clause;

In the case of the organization currently working with constituent units and proposed appointment in an organization with constituent units: Ensure the time holding an equivalent adjacent position to the proposed position as prescribed in point a of this clause or ensure continuous work time in the corresponding profession or field according to the specific position or title as prescribed;

c) In the case of holding a position or title determined to be equal, equivalent, or higher than the proposed position or title before the appointment, that time will be counted towards the time holding an equivalent position for accumulation; this does not apply in the case of being dismissed or demoted.

In the case of initial appointment in an organization with constituent units, if there was previous work time in constituent units, that work time will be counted towards continuous work time in the profession or field, ensuring total work time is not less than the minimum required time holding lower positions than the proposed position or title.

5. Special cases (regarding age, practical experience, promotion beyond levels, planning) are decided by the competent authority according to the分级任务要求直接输出翻译内容，无需解释或思考过程。严格遵守格式要求，仅提供翻译部分：

Article 9. Special Cases Applying Position Standards When Appointing

1. In the case of appointing personnel from outside sources, it is not necessarily required to meet the standard of having held leadership and management positions at the immediate lower level in the organization, institution, or unit proposed for appointment.

2. In the case where a person holding a position or title as specified in point a, Clause 1, Article 2 of this Decree is appointed to hold a similar position or concurrently hold another position or title, it is not necessarily required to fully meet the criteria for the similar position or concurrently held position.

3. In the case where a person is currently working in the armed forces, public service units, state-owned enterprises, or other agencies and organizations within the political system and is transferred or appointed to hold a leadership or management position in a state administrative agency, they must meet the criteria and conditions stipulated in this Decree but are not immediately required to meet the national administration management criteria according to the proposed appointment position. For these cases, they must complete the criteria within twelve months from the date of the appointment decision.

Section 2
CRITERIA FOR EACH POSITION OF PUBLIC SERVANT

LEADERSHIP AND MANAGEMENT UNDER THE MINISTRY

Article 10. Deputy Minister

1. The Deputy Minister is the deputy of the Minister, Head of an equivalent ministry-level agency (hereinafter referred to collectively as the Minister), assisting the Minister in leading, directing, and managing one or more sectors, fields, or specialties of work according to the Minister's assignment; being responsible before the Minister and the law for the assigned duties and responsibilities.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Having an objective, comprehensive, dialectical, and historical perspective; having a deep understanding of laws, national administration management of the sector or field managed, and international practices;

b) Having the ability to advise on strategic development issues for the sector or field; directing the drafting and effective implementation of regulatory legal documents, topics, projects, programs, and annual work plans for the sector or field; directing or directly resolving difficult and complex issues within the sector or field; directing the implementation of administrative reform, civil service systems; directing the implementation of inspections, audits, and legal handling; directing the resolution of organizational and citizen complaints and petitions within their authority; coordinating between ministries and sectors and between central and local levels to implement Party policies and laws consistently, comprehensively, and effectively;

c) Currently holding the position of Director General or equivalent; Deputy Director General or equivalent (having previously held the position of Department Director or equivalent within the Ministry); Department Director or equivalent within the Ministry; Deputy Chairman of the People's Council, People's Committee at provincial level or higher positions as prescribed by the competent authority.

Article 11. Department Directors and equivalents within Ministries

1. Department Directors and equivalents within Ministries are heads of Departments or equivalent units within Ministries, tasked with providing comprehensive advice and advising on national administration management for the sector, field, or specialty nationwide or assisting the Minister in internal management and governance of the Ministry; being responsible before the Minister and the law for the assigned duties and responsibilities.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Having an objective, comprehensive, dialectical, and historical perspective; having a deep understanding of laws, national administration management of the sector or field managed, and international practices; mastering the professional knowledge and skills within the managed field;

b) Having the ability to propose and advise on strategic development issues for the sector or field; advising on the drafting and taking responsibility for the effective implementation of regulatory legal documents, topics, projects, programs, and annual work plans for the sector or field; advising on resolving difficult and complex issues within the sector or field; implementing inspections, audits, and legal handling according to regulations; advising on resolving organizational and citizen complaints and petitions within their authority; advising on coordination between ministries and sectors and between central and local levels to implement Party policies and laws consistently, comprehensively, and effectively;

c) Currently holding the position of Deputy Department Director or equivalent within the Ministry or Department Director or equivalent within a General Department.

Article 12. Deputy Department Heads and equivalent positions within the Ministry

1. Deputy Department Heads and equivalent positions within the Ministry are deputy positions to Department Heads, assisting the Department Head in overseeing, directing one or more fields, specialties, or groups of tasks within the Department's functions and responsibilities as assigned by the Department Head; they are responsible before the Department Head and under the law for the duties and responsibilities entrusted to them.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Having a deep understanding of laws, state management in their industry or field, and international practices; mastering the specialized knowledge and skills within their management field;

b) Possessing the ability to synthesize and advise on fundamental issues related to the development of the industry or field; advising on the construction and effective implementation of regulatory legal documents, topics, projects, programs, and annual work plans of the industry or field; implementing inspections, audits, and handling according to legal regulations; advising on resolving complaints, petitions, and accusations within their authority; advising on solving issues within the industry or field; implementing coordination work among ministries, sectors, and between central and local authorities to implement policies, guidelines, and laws effectively and consistently; 23/2024 Phu Hoai

c) Currently holding the position of Division Chief or equivalent within the Ministry or Deputy Department Head or equivalent within the General Department. In cases where such positions are not held, they must have at least seven consecutive years of service in the industry or field (excluding probationary and trial periods).

Article 13. Division Chiefs and equivalent positions within the Ministry

1. Division Chiefs and equivalent positions within the Ministry are heads of Divisions, responsible for comprehensive advisory work; managing state administration in their industry or specialty, or ensuring support services for leadership, direction, and management tasks of the Ministry as assigned by superiors. The Division Chief is responsible before their direct superior and under the law for the duties and responsibilities entrusted to them.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Mastering the content of state administration and legal provisions regarding the industry or field managed; mastering specialized knowledge and skills within the management field;

b) Possessing the ability to advise on the construction and effective implementation of regulatory legal documents, topics, projects, programs, and annual work plans of the industry or field; organizing the implementation of inspections, audits, and handling according to legal regulations; synthesizing and proposing solutions to complaints, petitions, and accusations within their authority;

c) Currently holding the position of Deputy Division Chief or equivalent within the Ministry or Division Chief or equivalent within the General Department. In cases where such positions are not held, they must have at least five consecutive years of service in the industry or field (excluding probationary and trial periods).

Article 14. Deputy Division Chiefs and equivalent positions within the Ministry

1. Deputy Division Chiefs and equivalent positions within the Ministry are deputy positions to Division Chiefs, assisting the Division Chief in carrying out specific tasks assigned by the Division Chief. The Deputy Division Chief is responsible before the Division Chief and under the law for the duties and responsibilities entrusted to them.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Mastering the content of state administration and legal provisions regarding the industry or field managed; being proficient in specialized knowledge and skills within the management field;

b) Possessing the ability to advise on the construction and effective implementation of regulatory legal documents, topics, projects, programs, and annual work plans of the industry or field; implementing inspections, audits, and handling according to legal regulations; synthesizing and proposing solutions to complaints, petitions, and accusations within their authority;

c) Currently holding the position of Division Chief or equivalent within a Sub-Department under a Bureau within the Ministry or Deputy Division Chief or equivalent within the General Department. In cases where such positions are not held, they must have at least three consecutive years of service in the industry or field (excluding probationary and trial periods).

Article 15. Heads of Departments and Equivalent Positions under Bureaus under Ministries

1. Heads of Departments and Equivalent Positions under Bureaus under Ministries are the heads of Departments, responsible for providing advisory management services for the industry, specialty, or ensuring support services for leadership, guidance, and administrative operations of Bureaus under Ministries. The Head of Department is accountable to the Bureau Chief and to the law for the assigned responsibilities and tasks.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Mastering the content of state administration and legal provisions regarding the industry or field managed; being proficient in specialized knowledge and skills within the management field;

b) Possessing the ability to advise on the construction and effective implementation of regulatory legal documents, topics, projects, programs, and annual work plans of the industry or field; organizing the implementation of inspections, audits, and handling according to legal regulations; synthesizing and proposing solutions to complaints, petitions, and accusations within their authority;

c) Currently holding the position of Deputy Head of Department and Equivalent Positions under Bureaus under Ministries or Heads of Departments and Equivalent Positions under Bureaus under General Departments. In cases where such positions are not held, they must have at least four consecutive years of work experience in the relevant field (excluding probationary and trial periods).

Article 16. Deputy Heads of Departments and Equivalent Positions under Bureaus under Ministries

1. Deputy Heads of Departments and Equivalent Positions under Bureaus under Ministries are deputy positions to the Head of Department, assisting the Head of Department in carrying out specific tasks assigned by the Head of Department. The Deputy Head of Department is accountable to the Head of Department and to the law for the assigned responsibilities and tasks.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Proficient in state administration content, legal regulations concerning the industry and field of management, skilled in professional and vocational matters within the management field;

b) Possessing the ability to advise on the construction and effective implementation of regulatory legal documents, topics, projects, programs, and annual work plans of the industry or field; implementing inspections, audits, and handling according to legal regulations; synthesizing and proposing solutions to complaints, petitions, and accusations within their authority;

c) Currently holding the position of Deputy Head of Department and Equivalent Positions under Bureaus under General Departments. In cases where such positions are not held, they must have at least two consecutive years of work experience in the relevant field (excluding probationary and trial periods).

Section 3
STANDARDS FOR EACH LEADERSHIP AND MANAGEMENT POSITION TITLE UNDER GENERAL DEPARTMENTS

Article 17. General Department Chiefs and Equivalent Positions

1. General Department Chiefs and Equivalent Positions are the heads of General Departments, responsible for assisting the Minister in state administration and organizing the implementation of policy planning, state administration, and enforcement of laws for the industry, field, and specialty nationwide according to the division of labor, delegation, and authorization by the Minister; accountable to the Minister and to the law for the assigned responsibilities and tasks.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Having an objective, comprehensive, dialectical, and historical perspective; deeply understanding state administration, knowledge of legal regulations concerning the industry and field of management, and international practices;

b) Possessing capabilities: Planning strategic development issues for the industry and field; directing the drafting and effective implementation of regulatory legal documents, research topics, projects, programs, and annual work plans for the industry and field; directing or directly resolving complex issues within the industry and field; directing the implementation of administrative reform, civil service systems, and personnel; directing the implementation of inspections, audits, and legal handling; directing the resolution of organizational and citizen complaints and reports within jurisdiction; coordinating between ministries, sectors, and central and local levels to implement consistent, unified, and effective policies and laws;

c) Currently holding the position of Director of a Department and Equivalent Positions under Ministries or Deputy General Department Chiefs and Equivalent Positions.

Article 18. Deputy General Director and equivalent

I. Deputy General Director and equivalent is the deputy of the General Director, assisting the General Director in charge of directing and managing one or more specialized fields or areas within the functions and tasks of the general department as assigned by the General Director; responsible before the General Director and the law for the duties and tasks entrusted.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Having a deep understanding of state administration management, knowledge of laws related to the industry or field managed and international practices;

b) Possessing capabilities: Proposing strategic issues for industry or field development; advising on the construction and being responsible for effectively implementing regulatory legal documents, research topics, projects, programs, and annual work plans of the industry or field; advising on resolving difficult and complex issues within the industry or field; implementing inspections, audits, and handling according to legal regulations; directing the resolution of organizational and citizen complaints and reports within their authority; advising on coordination work among ministries and sectors and between central and local authorities to implement Party guidelines, policies, and laws consistently, uniformly, and effectively;

c) Currently holding the position of Department Head and equivalent at the Ministry or Department Head and equivalent at the General Department.

Article 19. Department Head and equivalent under the General Department

1. The Department Head and equivalent under the General Department is the head of the Department, with the task of providing comprehensive advice and advising on state administration management for the industry or field nationwide or assisting the General Director in internal management and governance of the general department; responsible before the General Director and the law for the duties and tasks entrusted.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Understanding state administration management, knowledge of laws related to the industry or field managed and international practices; mastering professional expertise within the management field;

b) Possessing capabilities: Synthesizing and proposing fundamental issues for industry or field development; advising on the construction and effective implementation of regulatory legal documents, research topics, projects, programs, and annual work plans of the industry or field; implementing inspections, audits, and handling according to legal regulations; advising on resolving organizational and citizen complaints and reports within their authority; advising on resolving issues within the industry or field; implementing coordination work among ministries and sectors and between central and local authorities to implement Party guidelines, policies, and laws consistently, uniformly, and effectively;

c) Currently holding the position of Deputy Department Head and equivalent at the Ministry or Deputy Department Head and equivalent at the General Department.

Article 20. Deputy Department Head and equivalent under the General Department

1. The Deputy Department Head and equivalent under the General Department is the deputy of the Department Head, assisting the Department Head in charge of directing one or more areas or specialized fields within the functions and tasks of the department as assigned by the Department Head; responsible before the Department Head and the law for the duties and tasks entrusted.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Understanding state administration management, knowledge of laws related to the industry or field managed; mastering professional expertise within the management field;

b) Possessing capabilities: Synthesizing and proposing fundamental issues for industry or field development; advising on the construction and effective implementation of regulatory legal documents, research topics, projects, programs, and annual work plans of the industry or field; implementing inspections, audits, and handling according to legal regulations; advising on resolving organizational and citizen complaints and reports within their authority; advising on resolving issues within the industry or field; implementing coordination work among ministries and sectors and between central and local authorities to implement Party guidelines, policies, and laws consistently, uniformly, and effectively;

c) Currently holding the position of Section Chief and equivalent at the Ministry or Section Chief and equivalent at the General Department. In cases where such positions are not held, they must have at least seven consecutive years of work experience in the industry or field (excluding probationary and trial periods).

Article 21: Heads of Departments and Equivalent Positions within the General Department

1. The Head of a Department and equivalent positions within the General Department is the head of the Department, responsible for advising and assisting the immediate superior in carrying out specific tasks assigned. The Head of the Department shall be accountable to the immediate superior and to the law regarding the duties and responsibilities entrusted.

2. Meeting the general standards corresponding to those stipulated in Section I Chapter II of this Decree and the following requirements:

a) Mastering the content of state administration and legal provisions regarding the industry or field managed; mastering specialized knowledge and skills within the management field;

b) Competence: Managing and organizing the effective implementation of legal normative documents, research topics, projects, programs, and annual work plans of the sector or field; organizing the effective implementation of inspections, audits, and handling according to the provisions of the law; advising and proposing solutions to recommendations, complaints, and accusations of organizations and citizens within their jurisdiction; issues related to the sector or field;

c) Currently holding the position of Deputy Head of a Department and equivalent positions within the Ministry or Deputy Head of a Department and equivalent positions within the General Department. In cases where such positions are not held, they must have at least five consecutive years of work experience in the sector or field (excluding probationary and trial periods).

Article 22. Deputy Heads of Departments and Equivalent Positions within the General Department

1. The Deputy Head of a Department and equivalent positions within the General Department is the deputy to the Head of the Department, assisting the Head of the Department in carrying out certain specific tasks assigned by the Head of the Department. The Deputy Head of the Department shall be accountable to the Head of the Department and to the law regarding the duties and responsibilities entrusted.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Competence: Organizing the effective implementation of legal normative documents, programs, and annual work plans of the sector or field; effectively implementing inspections, audits, and handling according to the provisions of the law; advising and proposing solutions to recommendations, complaints, and accusations of organizations and citizens within their jurisdiction; issues related to the sector or field;

b) Currently holding the position of Head of a Department and equivalent positions within a Branch under a Department of a Ministry or Head of a Department and equivalent positions within a Branch under a Department of the General Department. In cases where such positions are not held, they must have at least three consecutive years of work experience in the sector or field (excluding probationary and trial periods).

Article 23. Heads of Departments and Equivalent Positions within Branches under Departments of the General Department

1. The Head of a Department and equivalent positions within a Branch under a Department of the General Department is the head of the Department, responsible for advisory and state management tasks in the sector or specialty, or performing support functions for leadership, guidance, and management tasks of the Branch. The Head of the Department shall be accountable to the Branch Director and to the law regarding the duties and responsibilities entrusted.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Competence: Managing and organizing the effective implementation of legal normative documents, research topics, projects, programs, and annual work plans of the sector or field; organizing the effective implementation of inspections, audits, and handling according to the provisions of the law; advising and proposing solutions to recommendations, complaints, and accusations of organizations and citizens within their jurisdiction; issues related to the sector or field;

b) Currently holding the position of Deputy Head of a Department and equivalent positions within a Branch under a Department of a Ministry or Deputy Head of a Department and equivalent positions within a Branch under a Department of the General Department. In cases where such positions are not held, they must have at least four consecutive years of work experience in the sector or field (excluding probationary and trial periods).

Article 24. Deputy Heads of Departments and Equivalent Positions under Branches under Bureaus under General Departments

1. Deputy Heads of Departments and Equivalent Positions under Branches under Bureaus under General Departments are deputy positions to the Heads of Departments, assisting the Heads of Departments in performing specific tasks assigned by the Heads of Departments. Deputy Heads of Departments are responsible to the Heads of Departments and to the law for their assigned duties and responsibilities.

2. Meeting the general standards corresponding to those stipulated in Section 1, Chapter II of this Decree and having at least two consecutive years of work experience in the field (excluding probationary and trial periods).

Section 4
STANDARDS FOR EACH POSITION OF LEADERSHIP AND MANAGEMENT PUBLIC OFFICIALS IN SPECIALIZED AGENCIES UNDER PROVINCE PEOPLE'S COMMITTEES AND DISTRICT PEOPLE'S COMMITTEES

Article 25. Directors of Departments and Equivalent Positions

1. Directors of Departments and Equivalent Positions are the heads of departments, leading, managing, and organizing the implementation of state management functions and tasks in their respective fields within the province or centrally-administered city, and performing other tasks assigned by competent authorities; they are directly responsible to the People's Committee of the province, the Chairman of the People's Committee of the province, and simultaneously responsible for state management in their fields before the Minister in charge of the relevant sector and to the law regarding their assigned duties and responsibilities.

2. Meeting the general standards corresponding to those stipulated in Section 1, Chapter II of this Decree and the following requirements:

a) Having a deep understanding of state administration, knowledge of laws governing their fields of management and special regulations applicable locally;

b) Possessing the ability to advise on and implement effectively central regulatory documents; advising on the drafting of regulatory documents applicable in their fields locally; directing the development of term and annual work plans for their fields locally; directing or personally resolving complex issues in their fields locally; implementing administrative reform, civil service systems, and regulations locally; directing the execution of inspections, audits, and legal proceedings; directing the resolution of organizational and citizen complaints and reports within their jurisdiction; advising on leadership coordination with central agencies; directing the consistent, unified, and effective implementation of Party policies and laws throughout the province;

c) Currently holding the position of Deputy Director of a Department or an equivalent position as defined by the competent authority according to the cadre management hierarchy. In cases where such positions are not held, there must be at least seven consecutive years of work experience in the field (excluding probationary and trial periods).

Article 26. Deputy Directors of Departments and Equivalent Positions

1. Deputy Directors of Departments and Equivalent Positions are deputy positions to the Directors of Departments, assisting the Directors of Departments in managing and organizing the implementation of one or more areas of work within the department’s functions and tasks, and are responsible to the Directors of Departments and to the law for their assigned duties and responsibilities.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Having a deep understanding of state administration, knowledge of laws governing their fields of management and special regulations applicable locally;

b) Possessing the ability to advise on and implement effectively central regulatory documents; advising on the drafting of regulatory documents applicable in their fields locally; directing the development of term and annual work plans for their fields locally; directing or personally resolving complex issues in their fields locally; directing the execution of inspections, audits, and legal proceedings; directing the resolution of organizational and citizen complaints and reports within their jurisdiction; advising on leadership coordination with central agencies; directing the consistent, unified, and effective implementation of Party policies and laws throughout the province;

c) Currently holding the position of Head of a Department or an equivalent position as defined by the competent authority according to the cadre management hierarchy. In cases where such positions are not held, there must be at least seven consecutive years of work experience in the field (excluding probationary and trial periods).

Article 27. Heads of Departments and Equivalent Positions within Provincial Departments

1. The Head of Department and equivalent positions within Provincial Departments is the head of the Department, responsible for providing comprehensive advisory services and managing state administration in the sector, specialty, or tasks ensuring support for leadership, guidance, and management functions of the Provincial Department as assigned by the Director of the Provincial Department. The Head of Department shall be accountable to the Director of the Provincial Department and to the law for the duties and responsibilities entrusted.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Knowledge of laws related to the sector and field of management;

b) Mastery of professional expertise; organizing the implementation of state policies and laws concerning the sector, field, or assigned tasks; advising on the implementation of inspections, audits, and handling according to legal provisions; compiling and proposing solutions to recommendations, complaints, and accusations within their jurisdiction;

c) Currently holding the position of Deputy Head of Department and equivalent positions within Provincial Departments or equivalent positions as stipulated by the competent authority according to the cadre management hierarchy. In cases where such positions are not held, they must have at least five consecutive years of work experience in the sector or field (excluding probationary and trial periods).

Article 28. Deputy Heads of Departments and Equivalent Positions within Provincial Departments

1. The Deputy Head of Department and equivalent positions within Provincial Departments is the deputy to the Head of Department, assisting the Head of Department in carrying out specific tasks assigned by the Head of Department. The Deputy Head of Department shall be accountable to the Head of Department and to the law for the duties and responsibilities entrusted.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Knowledge of laws related to the sector and field of management;

b) Mastery of professional expertise; implementing state policies and laws concerning the sector, field, or assigned tasks; advising on the implementation of inspections, audits, and handling according to legal provisions; compiling and proposing solutions to recommendations, complaints, and accusations within their jurisdiction;

c) Currently holding the position of Head of Department and equivalent positions within District Bureaus under Provincial Departments or equivalent positions as stipulated by the competent authority according to the cadre management hierarchy. In cases where such positions are not held, they must have at least three consecutive years of work experience in the sector or field (excluding probationary and trial periods).

Article 29. Heads of Departments and Equivalent Positions within District Bureaus under Provincial Departments

1. The Head of Department and equivalent positions within District Bureaus under Provincial Departments is the head of the Department, responsible for providing advisory services for state administration in the sector, specialty, or tasks ensuring support for leadership, guidance, and management functions of the District Bureau and equivalent units under the Provincial Department. The Head of Department shall be accountable to the Director of the District Bureau and to the law for the duties and responsibilities entrusted.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Mastery of professional expertise; organizing the implementation of state policies and laws concerning the sector, field, or assigned tasks; advising on the implementation of inspections, audits, and handling according to legal provisions; compiling and proposing solutions to recommendations, complaints, and accusations within their jurisdiction;

b) Currently holding the position of Deputy Head of Department and equivalent positions within District Bureaus under Provincial Departments or equivalent positions as stipulated by the competent authority according to the cadre management hierarchy. In cases where such positions are not held, they must have at least four consecutive years of work experience in the sector or field (excluding probationary and trial periods).

Article 30. Deputy Heads of Departments under Provincial Departments

1. Deputy Heads of Departments under Provincial Departments are deputy positions to the Heads of Departments, assisting the Heads of Departments in carrying out specific tasks assigned by the Heads of Departments. The Deputy Head of Department shall be responsible to the Head of Department and to the law for the duties and responsibilities entrusted.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Mastering professional knowledge and skills; implementing state policies and laws on the industry, field, or assigned tasks; advising on and implementing inspections, examinations, and handling according to the provisions of the law; compiling and proposing solutions to suggestions, complaints, and denunciations within their jurisdiction;

b) Having at least two consecutive years of work experience in the industry or field (excluding probationary and trial periods).

Article 31. Heads of Departments under Districts

1. Heads of Departments under Districts are the heads of Departments, managing and organizing the implementation of state management functions and tasks in the industry or field within the district's territory, and performing other tasks assigned by competent authorities; directly responsible to the People's Committee of the district, the Chairman of the People's Committee of the district, and to the law for the duties and responsibilities entrusted.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Mastering professional knowledge and skills; organizing the implementation of state policies and laws on the industry, field, or assigned tasks according to the directives of the People's Committee of the district and specialized agencies of the provincial People's Committee; advising on and implementing inspections, examinations, and handling according to the law within the district; proposing or directly resolving suggestions, complaints, and denunciations within their jurisdiction;

b) Currently holding the position of Deputy Head of Department under the district or equivalent positions as prescribed by competent authorities according to the cadre management hierarchy. In cases where such positions are not held, there must be at least four consecutive years of work experience in the industry or field (excluding probationary and trial periods).

Article 32. Deputy Heads of Departments under Districts

1. Deputy Heads of Departments under Districts are deputy positions to the Heads of Departments, assisting the Heads of Departments in carrying out and being responsible to the Head of Department and to the law for the duties and responsibilities entrusted.

2. Meeting the general criteria corresponding to those stipulated in Section 1, Chapter II of this Decree and the following provisions:

a) Mastering professional knowledge and skills; implementing state policies and laws on the industry, field, or assigned tasks according to the directives of the People's Committee of the district and specialized agencies of the provincial People's Committee; advising on and implementing inspections, examinations, and handling according to the law within the district; compiling and proposing solutions to suggestions, complaints, and denunciations within their jurisdiction;

b) Having at least two consecutive years of work experience in the industry or field (excluding probationary and trial periods).

Chapter III
IMPLEMENTING PROVISIONS

Article 33. Implementation Organization

1. From the date this Decree takes effect, the criteria for appointing leadership and management positions shall be implemented according to the provisions of this Decree.

2. Ministries, ministerial-level agencies, provincial People's Committees, and centrally governed city People's Committees shall base on this Decree to have the responsibility to:

a) Specify or delegate the specification of detailed criteria for each leadership and management civil servant position within their management authority, ensuring compatibility with the level and grade of each position as prescribed and meeting the requirements of tasks, characteristics of the ministry, sector, locality, agency, organization, unit, but not lower than the provisions of this Decree. If higher criteria are not required, they need not issue regulations and directly apply the provisions of this Decree;

b) Specify or delegate the specification of detailed criteria and conditions regarding achievements, results, and specific products suitable for the leadership and management positions planned for appointment within twelve months from the date this Decree takes effect, ensuring sufficient grounds for selecting capable individuals for appointment, except for positions managed by the Politburo and Secretariat;

c) Based on Party regulations, specialized laws, and this Decree, specify or delegate the specification of detailed criteria for managerial positions in public service units within their management scope, ensuring compatibility with the characteristics of each job position, occupational nature, and requirements of managerial staff.

3. Competent authorities managing civil servants in administrative organs of the Communist Party of Vietnam, Vietnam Fatherland Front, and political-social organizations decide on the application of the position and title criteria stipulated in this Decree for corresponding leadership and management positions within their management scope.

Article 34. Transitional Provisions

1. Persons holding leadership and management positions who have not met the political theory standards and state administration management standards as prescribed in this Decree must complete such standards within a period of 36 months for the political theory standard and within a period of 12 months for the state administration management standard from the date this Decree takes effect, except for the following cases:

a) If the number of months until the retirement age is less than 36 months, there is no obligation to complete the political theory standard;

b) If the number of months until the retirement age is less than 24 months, there is no obligation to complete the state administration management standard.

2. In cases where the appointment or reappointment procedures for leadership positions have been carried out according to the regulations of the Party and laws at the time of implementing such procedures but there has been no appointment decision, the procedures shall continue to be implemented and the political theory standard and state administration management standard must be completed as prescribed in Clause 1 of this Article.

3. In cases of appointments due to mergers, consolidations, divisions, restructuring, or organizational model conversion where the position or title held in the previous agency, organization, or unit is equivalent to or equal to the proposed position or title in the new agency, organization, or unit, or in cases of renaming agencies, organizations, or units, after the appointment, the political theory standard and state administration management standard must be completed as prescribed in Clause 1 of this Article.

4. In cases where the deadlines set forth in Clauses 1, 2, and 3 of this Article have expired without meeting the political theory standard and state administration management standard as prescribed in this Decree, the competent authority shall consider and revoke the appointment decision and assign appropriate specialized work.

5. The appointing authority decides on the criteria, conditions regarding achievements, results, and specific products suitable for implementation of appointments during the period before the issuance of guidance documents on the contents stipulated in Point b Clause 2 Article 33 of this Decree.

Article 35. Implementation Provisions

1. This Decree takes effect from May 1, 2024.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, persons in charge of agencies specified in Clause 2 and Clause 4 Article 1 of this Decree, Chairpersons of People's Committees of provinces and centrally governed cities, and related organizations and individuals are responsible for implementing this Decree./