Mr. Lo Van Binh (name changed, residing in Lao Cai) shared: In 2025, he was planned for the position of Head of Department (sub-level 0.6) at public non-business unit A.
By 2026, he will transfer to work at non-business unit B and is expected to be accepted and appointed to the position of Head of Department (subsidiary level 0.7).
Mr. Binh wondered whether it is possible to use the decision approving the planning of the Head of Department in service unit A (subsidy 0.6) as a basis for appointing the position of Head of Department in service unit B (subsidy 0.7) or not.
Regarding Mr. Binh's reflection, the Ministry of Home Affairs has responded on the Electronic Information Portal.
According to the Ministry of Home Affairs, the standards and conditions for appointing management officials are specifically stipulated in Article 44 of Decree No. 115/2020/ND-CP (amended and supplemented in Decree No. 85/2023/ND-CP):
Accordingly, the person appointed must ensure general standards according to the Party's regulations, the law and specific standards for the position appointed according to the regulations of the competent authority.
For personnel from local sources, they must be planned for positions and titles to be appointed or planned for positions and titles equivalent or higher. For personnel from other places, they must be planned for positions and titles equivalent or higher. Special cases are considered and decided by competent authorities.
In case the newly established unit has not yet carried out the planning approval, it will be considered and decided by the competent authority.
This person must also have held the position they are holding or equivalent positions for at least 2 years (24 months), if not continuous, it can be accumulated (only accumulated for the time holding the equivalent position), except for cases where they are appointed for the first time. Special cases are considered and decided by competent authorities.
Have verified personal records and backgrounds, and have declarations of assets and income as prescribed.
Conditions on appointment age: Public employees proposed for first-time appointment to management positions or proposed for appointment to higher management positions must be old enough to work for the full term of appointment. The time to calculate the appointment age is implemented according to the regulations of the competent authority.
Special cases are considered and decided by competent authorities;
Public employees appointed to new positions equivalent to or lower than the current position are not subject to the appointment age specified in point a of this clause.
Have sufficient health to complete assigned tasks and responsibilities.
Not belonging to cases of being prohibited from holding positions, not being in the period of disciplinary action, being prosecuted, investigated, prosecuted, tried, not being in the period of implementing regulations related to discipline according to Party regulations and laws.
Civil servants who are disciplined during their tenure of office are not appointed or introduced to candidates for higher positions within the time limit prescribed by the Party and the law.
Based on the provisions of Article 65 and Article 66 of Decree No. 115/2020/ND-CP (amended and supplemented in Decree No. 85/2023/ND-CP), the Ministry of Home Affairs requests Mr. Binh to contact the civil servant management agency where he works for guidance and resolution.
