The Government has just issued Decree No. 116/2024/ND-CP amending and supplementing a number of articles of Decree No. 138/2020/ND-CP dated November 27, 2020 regulating the recruitment, use and management of civil servants and Decree No. 06/2023/ND-CP dated February 21, 2023 regulating the quality assessment of civil servant input.
Many readers wonder whether the regulations on the number of times civil servants can be reappointed as leaders and managers will change or not?
According to lawyer Nguyen Trong Nghia - Hanoi Bar Association, Clause 27, Article 1 of Decree 116/2024/ND-CP amended Clause 2, Article 41 of Decree 138/2020/ND-CP on the term of office of civil servants in leadership and management positions.
Accordingly, leading and managing civil servants can be reappointed an unlimited number of times, except in cases where there are other regulations of the Party or specialized laws.
Previously, Clause 2, Article 41 of Decree 138/2020/ND-CP stipulated that the term of office for leadership and management positions must not exceed two consecutive terms, which is implemented according to Party regulations and specialized laws.
In addition, Decree 116/2024/ND-CP also amends Article 42 of Decree 138/2020/ND-CP on standards for appointing civil servants in leadership and management positions.
Accordingly, the standards for appointing civil servants in leadership and management positions must ensure general standards according to Party regulations and laws, and specific standards for appointed positions and titles according to regulations of competent authorities.
For personnel from local sources, they must be planned for the appointed position or title or be planned for an equivalent position or title or higher. For personnel from other sources, they must be planned for an equivalent position or title or higher. Special cases will be considered and decided by competent authorities.
In case a newly established agency, organization or unit has not yet approved the planning, the competent authority shall consider and decide.
Have held the position, title or equivalent position, title for at least 2 years (24 months), if not consecutive, it can be accumulated (only accumulated for the time holding the position, equivalent title) or ensure continuous working time in the industry, field according to the specific standards of the appointed position, title. Special cases will be considered and decided by the competent authority.
Have verified personal records and background, have a declaration of assets and income according to regulations.
