Standards on age when appointing public employees as managers according to new regulations

The Legal Consulting Department of Lao Dong Newspaper said that Decree No. 259/2026/ND-CP dated June 30, 2026 of the Government stipulates the recruitment, use and management of public employees working in public non-business units under the management and establishment authority of competent agencies of the Party, State, Vietnam Fatherland Front, socio-political organizations at the central level, provincial level, commune level according to the provisions of law or according to decisions of competent authorities.

Article 29 of Decree No. 259/2026/ND-CP stipulates the standards and conditions for appointing management officials as follows:

- Ensure general standards according to Party regulations and laws and specific standards for positions and titles appointed according to regulations of competent authorities.

- For personnel from local sources, they must be planned for positions and titles to be appointed or planned for equivalent positions and titles or higher.

For personnel from other places, they must be planned for positions and titles equivalent to or higher.

Special cases are considered and decided by the competent authority for appointment based on comprehensive review and evaluation of human resources in planning, achievements, products, specific results and are responsible for their decisions.

In case agencies, organizations, and units are newly established or due to separation, consolidation, merger, reorganization to form new agencies, organizations, and units that have not yet approved the plan, the competent authority for appointment shall consider and decide.

- In case of being appointed to a higher position, it must have held a position immediately adjacent to the position being held or a position or title equivalent adjacent to the expected position being appointed for at least 1 year (12 months), if not continuous, it is accumulated (only accumulated for the time holding an equivalent position).

In case before appointment, there has been a time holding a position or title that is identified as a position or title higher, equal, equivalent or lower adjacent to the expected position or title, that time is counted as the time holding an equivalent position or title to accumulate; it is not applied to cases of resignation due to disciplinary action.

In special cases where the time holding a position or title is not guaranteed to be lower than the adjacent one, the competent authority for appointment shall consider and decide based on objective assessment of achievements, products, and specific results.

- Have complete and clear personal records, personal history, asset and income declarations and have been appraised and verified by competent authorities.

- Being commented on and evaluated by competent authorities as completing tasks well or better in the last 3 years.

- Have collaborative experience, management and administration experience, achievements, results and specific products suitable for the expected position to be appointed; in case of appointing personnel from other places, specific achievements, results, and products must ensure compliance with the requirements for performing tasks of the expected position and title.

- Conditions on appointment age:

Civil servants expected to be appointed for the first time to management positions or expected to be appointed to higher 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.

In special cases where they are not old enough to work for the full term of appointment, the competent authority for appointment shall consider and decide based on objective assessment of achievements, products, and specific results;

Public employees appointed to new positions equivalent to or lower than the current position or title are not subject to the age of appointment conditions specified in point a of this clause.

- Sufficient health to complete assigned tasks and responsibilities.

- Not falling into one of the following cases: Being prohibited from holding positions according to the Party's regulations and the law; Being in the period of disciplinary action; Being in the period of implementing disciplinary decisions according to the regulations of competent authorities; Being in the period of resolving denunciations (having decided to establish a denunciation settlement team), resolving disciplinary complaints, inspection when there are signs of violations or being proposed for handling violations according to inspection and audit conclusions; being temporarily suspended from work; Being temporarily detained, temporarily imprisoned, prosecuted, investigated, prosecuted, and tried; Being in other cases that have not been considered for appointment to a higher position according to the regulations of competent authorities.

- Other conditions as prescribed by competent authorities.

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