Mr. Nguyen Van Viet (character's name has been changed) said that the legal documents on cadres, civil servants and public employees do not clearly stipulate the concurrent holding of leadership positions.
He wondered whether management civil servants could concurrently hold the position of head of the public service unit.
"In addition, in case of being able to concurrently hold the position of head of a public service unit, must the appointment process be carried out according to the provisions of the Law on Civil Servants and guiding documents for implementation?" - he asked.
Responding to this issue on the Electronic Information Portal, the Ministry of Home Affairs said that the Law on Cadres and Civil Servants in 2025 and the Law on Public Employees in 2010 (amended and supplemented in 2019) do not stipulate that civil servants lead and manage at the same time as heads of public service units.
According to Article 31 of the Law on Cadres and Civil Servants 2025, civil servants appointed to leadership and management positions shall be implemented by appointment decisions of competent authorities.
In case of being appointed to a new leadership or management position, of course, the current leadership or management position will be discontinued, except for the case of concurrent tenure.
The term of appointment of civil servants to leadership and management positions is 5 years. The term of appointment is less than 5 years, applicable to some specific positions according to the provisions of relevant laws or regulations of competent authorities.
When the appointment term expires, the competent authority must consider reappointing or not reappointing, except in cases where it has not been reappointed or reappointed according to the provisions of law and the provisions of the competent authority.
The 2010 Law on Public Employees also stipulates that civil servants who are Vietnamese citizens are recruited according to job positions, working at public service units under the working contract regime, and receiving salaries from the salary fund of public service units according to the provisions of law.
Management officials are those appointed to hold management positions for a limited period of time, responsible for managing and organizing the implementation of one or a number of tasks in public service units, but are not civil servants and are entitled to management position allowances.
