DECISION

ADOPTING REGULATIONS ON APPOINTMENT, RE-APPOINTMENT, INTERNAL TRANSFER, RESIGNATION OR TERMINATION OF MANAGEMENT OFFICERS IN PUBLIC SECTOR AFFILIATES OF THE MINISTRY OF HEALTH

THE MINISTER OF HEALTH

Pursuant to the Government’s Decree No. 49/2003/ND-CP dated May 15, 2003 on providing for functions, duties, powers and organizational structure of the Ministry of Health;

Pursuant to the Government’s Decree No. 116/2003/ND-CP dated October 10, 2003 on setting out regulations on recruitment, utilization and management of officials or public employees in State-run public sector agencies;

Pursuant to the Prime Minister’s Decision No. 27/2003/QD-TTg dated February 19, 2003 on adopting the Regulations on appointment, re-appointment, internal transfer, resignation or termination of management officers;

Pursuant to the Circular No. 10/2004/TT-BNV of the Ministry of Home Affairs dated February 19, 2004 on guiding the implementation of several articles of the Government’s Decree No. 116/2003/ND-CP;

Upon the request of the Director of Organization and Personnel Department affiliated to the Ministry of Health.

HEREBY DECIDES

Article 1. The “Regulations on appointment, re-appointment, internal transfer, resignation or termination of management officers in public sector affiliates of the Ministry of Health” is adopted as an attachment to this Decision.

Article 2. This Decision shall enter into force after 15 days from the date upon which it is published on the Official Gazette.  Preexisting regulations inconsistent with provisions laid down in these Regulations shall be repealed.

Article 3. Mr./Mrs. Chief of the Office, Director of Organization and Personnel Department, Heads of departments or administrations, Chief Inspector, and Heads of public sector affiliates of the Ministry of Health, shall be responsible for enforcing this Decision./.

REGULATIONS

APPOINTMENT, RE-APPOINTMENT, INTERNAL TRANSFER, RESIGNATION OR TERMINATION OF MANAGEMENT OFFICERS IN PUBLIC SECTOR AFFILIATES OF THE MINISTRY OF HEALTH
(Adopted as an attachment to the Decision No. 29 /2006 /QD-BYT of the Minister of Health dated September 29, 2006)

Chapter 1

GENERAL PROVISIONS

Article 1. Subject and scope of application

These Regulations shall apply to titles of management officers at the level of department, division and equivalent or any higher level in public sector affiliates of the Ministry of Health.  

Article 2. Principles and requirements of appointment, re-appointment, internal transfer, resignation or termination of management officers in public sector affiliates of the Ministry of Health

1. The Party Affairs Committee of the Ministry of Health and primary Communist Party committees of public sector affiliates of the Ministry of Health shall unite in exercising their leadership in appointment, re-appointment, internal transfer, resignation or termination of management officers.

2. Practice democratic centralism, and enable Heads of public sector affiliates of the Ministry of Health (hereinafter referred to as entity) to fully discharge his duties and exercise his powers.

3. Rely on requirements, duties of each entity, conditions, qualifications of management officers, qualities, ethics, abilities and aptitudes of officials and public employees to consider any appointment. 

4. Ensure stability, continuation and development of officials and public employees, as well as ensure improvement of quality and efficiency in each entity’s operation. 

5. In certain particular cases, for work purposes and general interests, the Party Affairs Committee in collaboration with the Minister shall consider and unite in making their decision on the appointment, re-appointment, internal transfer, resignation or termination of management officers in each entity.

6. Regulatory procedures for appointment, re-appointment, internal transfer, resignation or termination of management officers in each entity must conform to regulations set forth by the Communist Party, State laws and these Regulations.

Article 3. Duties and powers

1. Duties

The person who signs the decision or submit his/her request to a competent authority that signs the decision on appointment, re-appointment, resignation or termination shall be held accountable for such decision or request.

2. Powers

a. The Minister of Health shall sign his/her decision on appointment, re-appointment, resignation or termination of titles such as the Head, Vice Head and Chief Accountant of an entity; the Head and Vice Head of an institute or center directly affiliated to specially-ranked entities; the Head of a university, research institute, hospital and center directly affiliated to a university and academic institute.

b. The Head of an entity shall sign the decision on the appointment, re-appointment, internal transfer, resignation or termination of management officers under the provisions of Article 1, except for titles that fall under the Minister of Health's authority to make decision.

Chapter 2

APPOINTMENT

Article 4. Term of office

1. Term of office that an appointee holds after each appointment shall be 05 year, governed under a separate provision in the appointment decision and take effect from the entry into force of such decision.

2. Where the term of office previously held by officials or public employees has not been specified in the appointment decision, their term of office shall begin from the entry into force of such decision.

Article 5. Eligibility requirements of an appointee

1. Meet general standards applied to management officers as referred to in the Resolution adopted in the Third Conference of the 8^th Central Committee of the Communist Party and specific standards for the titles awarded after appointment which are adopted by the Ministry of Health.

2. Provide required details about personal qualifications and past performance in a clear and valid manner in accordance with relevant regulations which must be authenticated by competent authorities, including listing of real property items as required by laws. 

3. Age requirements:

a. Officials or public employees appointed to hold management job titles for the first time shall not exceed the age of 55 for male and that of 50 for female.

b. In certain particular cases, the Communist Party’s Affairs Committee and leadership of the Ministry of Health shall consider and make their specific decision.

4. Meet health requirements to discharge their assigned duties.

5. Make sure that appointees are not subject to a reprimand as the least serious disciplinary action.

Article 6. Appointment submissions

Documents submitted to request an appointment shall include:

1. Written personnel recommendation issued by the Communist Party’s Affairs Committee and the Head of each entity.

2. Short list of recommended candidates with comments given by the Leadership, and signature and seal appended by the Communist Party's Affairs Committee and the Head of each entity.

3. Minutes of the meeting of Communist Party’s Affairs Committee and the Leadership of each entity in relation to appointment of recommended officials or public employees, record of opinion polling conferences and vote counting record. 

4. Resume of the recommended official, public employee submitted by completing the form 2C – TCTW with a newly-taken photo glued thereto with the stamp overlapping, and with confirmation given by the Head of the entity and its stamp appended (enclosing degrees or certificates that demonstrate the candidate’s education, profession, qualification, proficiency in political theory, foreign language and computing science).  

5. Candidate’s self-assessment form.

6. Comments from the primary Party committee or grass-roots jurisdiction where the candidate is residing concerning the citizenship of this candidate and his/her family. 

Article 7. Participants in trust votes

Participants in trust votes include key officials, public employee of each entity (in the primary Party committee and leadership; the Standing Committee of Trade Union and Ho Chi Minh Communist Youth Union; Leadership of departments, divisions, faculties, centers and equivalents directly affiliated to that entity), Communist Party members, officials or public employees who hold at least university degrees.

As for major entities (including specially-ranked entities, academic institutes or universities) or other entities that have particular characteristics, the Party's Affairs Committee and Leadership of the Ministry shall decide who will be eligible to participate in trust votes.

Article 8. Processes and procedures for appointment of internal personnel to the management titles under the authority of the Minister of Health

1. Subject to work demands, the primary Party’s committee and the Head of each entity shall submit to the Party’s Affairs Committee and the Minister an official request for their guidelines for appointment, appointment quantity, proposed assignment of title-specific duties (including the signature appended by the primary Party's committee and the entity’s Head and the stamp imprinted thereon).

2. After obtaining consent to these guidelines from the Party's Affairs Committee and the Minister, the Department of Organization and Personnel shall guide the entity through the following steps:

Step 1: The primary Party’s committee and the entity’s Leadership hold a meeting to put forward the human resource plan by taking into consideration the pre-determined scheme or personnel recommendations of key officials or public employees in the entity, agree on comments about respective recommended candidates, assess strengths or weaknesses, their development prospect, and measure trust earned by respective candidates before holding trust votes among key officials and public employees in the entity. There may be one to three candidate(s) appointed to hold one title.

The outcomes of such meeting shall be reported in writing to the Party's Affairs Committee and the Minister, enclosing resumes and biographical briefs of to-be-appointed officials or public employees along with mutually-agreed comments given by the entity's leadership (the written report or short list signed by the primary Party's committee and the Head of that entity with the stamp appended). 

Step 2: Upon receipt of approval of the list of recommended candidates from the Party's Affairs Committee and the Minister, the Head of Organization and Personnel Department shall cooperate with the requesting entity to hold a trust vote among key officials and public employees in that entity as referred to in Article 7 hereof.   The secret ballot shall be applied to that trust vote (by using the form No.1 attached hereto) and take the following steps:

Communicate purposes, requirements, standards and list of to-be-appointed officials or public employees.

Brief trust voters on candidates’ personal background, education and work performance.

Provide comments and remarks on their strengths, weaknesses, what they are good or bad at, career development prospect and proposed assignment of their duties, given by the general Leadership of that entity to recommended candidates. Recommended officials and public employees may present how they will perform their duties after being appointed and answer related questions.

Discuss and give explanations for other opinions relating to appointments.

Hand out ballots, provide instructions on how to fill in these ballots and collect them by a ballot box.

Count the ballot, seal and make a record of such ballots in the witness of representatives of the Leadership and the primary Party’s committee in the entity. The ballot and record shall be then administered by the Department of Organization and Personnel.

Step 3: The Department of Organization and Personnel in conjunction with representatives of the Office of the Ministry of Health shall count ballots and prepare a report for submission to the Party's Affairs Committee and the Minister.

Step 4: Collaborate with the entity in guiding to-be-appointed officials or public employees to prepare complete appointment submissions in accordance with Article 6 hereof.   

3. The Party’s Affairs Committee and the Leadership of the Ministry shall review the outcomes of trust votes and seek to reach the mutual conclusion on any issue that has recently arisen and take a vote on it.  Recommended personnel to be appointed must be approved by a majority of members of the Party’s Affairs Committee and the Leadership of the Ministry. The Department of Organization and Personnel shall submit its draft Decision to the Minister for her approval. With regard to those who fail to meet appointment requirements, the Department of Organization and Personnel shall be responsible for notifying the Leadership of the entity.

Article 9. Processes and procedures for appointment of external personnel to the management titles under the authority of the Minister of Health

1. Subject to work demands, the primary Party’s committee and the Head of each entity shall submit to the Party’s Affairs Committee and the Minister an official request for their guidelines for appointment, appointment quantity, proposed assignment of title-specific duties (including the signature appended by the Party's Affairs Committee and the entity’s Head and the stamp imprinted thereon).

2. The primary Party’s committee and the Leadership of the entity shall recommend candidates for appointments, or request competent authorities to make their personnel recommendations.  

3. After obtaining consent to the appointment intention from the Party's Affairs Committee and the Minister, the Department of Organization and Personnel shall take the following steps:

Step 1: Meet officials or public employees recommended for appointments to discuss new work requirements and duties.

Step 2: Work with the primary Party’s committee or the Leadership of the entity where these officials or public employees are working to confer on appointment needs, get to know more, receive any comment or remark about these officials or public employees, and verify information given in their resumes.

If officials or public employees recommended for appointments fall within the jurisdiction of other Ministries, sectoral regulators or local authorities, the Department of Organization and Personnel shall be responsible for conferring with bodies in the exercise of powers to manage these officials or public employees to obtain their opinions or comments before an agreement is reached.

Step 3: Work with the primary Party’s committee or the Leadership of the entity where these officials or public employees are working to notify them of the outcomes of the Department of Organization and Personnel's meeting with the entity that manages these officials or public employees, and obtain trust votes from the primary Party's committee and the Leadership of that entity by using secret ballots (adopting the form No. 1 attached hereto).

Step 4: Collaborate with representatives of the Office of the Ministry of Health in counting ballots and preparing a report for submission to the Party's Affairs Committee and the Minister.

Step 5: Cooperate with the entity in guiding officials or public employees to complete their appointment submissions as referred to in Article 6 hereof.

4. The Party’s Affairs Committee and the Leadership of the Ministry shall consider the outcomes of trust votes, confer on new issues that may arise to reach conclusions and take a vote on it. Recommended personnel to be appointed must be approved by a majority of members of the Party’s Affairs Committee and the Leadership of the Ministry.

5. The Department of Organization and Personnel shall provide opinions of the Party's Affairs Committee and the Leadership of the Ministry for the body or entity in the exercise of jurisdiction over these officials and public employees, and then prepare a draft decision for submission to the Minister for her approval.

Where officials or public employees recommended for appointments fall within the jurisdiction of the entity directly affiliated to the Ministry of Health, meet eligibility requirements for appointments, but have not obtain an agreement on internal transfer from that entity, the Party’s Affairs Committee and the Minister shall consider and make their decision on this case. 

Article 10. Application to the entity that has yet to appoint the Head

A Vice Head of the entity shall be assigned to take on responsibility or retain the right to control and manage the entity as requested by the primary Party's committee and the Leadership of the entity, or directly considered or decided by the Party’s Affairs Committee and the Minister.   The term of office of a person assigned to take on responsibility or retain the right to control and manage an entity shall not exceed 06 months. Within a period of 06 months, based on ethics, ability and management capability of such assigned person, the Party’s Affairs Committee shall direct the primary Party’s committee and the Leadership of the entity to report to the Party’s Affairs Committee and the Minister for their consideration and implementation of appointment procedures. 

Article 11. Procedures for appointment of to the management titles under the authority of the Head of an entity 

1. The primary Party’s committee and the Leadership of an entity hold discussions to put forward the human resource plan by taking into consideration the pre-determined scheme or personnel recommendations given by officials or public employees in a department, division, faculty or equivalent bodies as integral parts of an entity, agree on comments about respective recommended candidates before holding trust votes among these officials and public employees.     

2. The secret ballot shall be applied to that trust vote under the direction of the Head of the entity (by using the form No.2 attached hereto) and take the following steps:

Step 1: Hold collective trust votes from departments, divisions, faculties or equivalents integral to the entity where these officials or public employees are working.         

With respect to appointment to the Head of a department or Vice Head of faculty, the Science Council of that entity must be further consulted.

Step 2: Consolidate the outcomes of opinion polls to report to the Leadership and the primary Party's committee of the entity.

Step 3: Guide officials or public employees to complete their appointment submissions as referred to in Clause 4, 5 and 6 Article 6 hereof.

3. The primary Party’s committee and the Leadership of the entity shall consider such outcomes and confer with each other to reach conclusions on any new issue that may arise and finally take a vote on it. Recommended personnel to be appointed must be approved by a majority of members of the primary Party’s committee and the Leadership of the entity.

4. The Division of Organization and Personnel shall submit its draft Decision to the Head of the entity for his/her consideration and decision.

Chapter 3

RE-APPOINTMENT

Article 12. Re-appointment requirements

1. The management officers whose term of office held by appointments in accordance with relevant regulation expires shall be assessed to decide whether they qualify for re-appointment.

2. The re-appointment shall be conducted step-by-step, conform to requirements set out in each field, entity and ensure efficiency and feasibility.

Article 13. Eligibility requirements for re-appointments

1. Discharge their assigned duties in an outstanding manner during the period when appointees hold titles by appointments, meet leadership standards stipulated in the time of consideration of re-appointment and undertake to fulfill their future duties after being re-appointed.

2. Take into account demands of a body or an entity.

3. Meet health requirements to discharge their assigned duties.

Article 14. Re-appointment schedule

1. Officials or public employees who have had at least whole 05 years of experience from the entry into force of the appointment decision shall qualify for consideration of re-appointments in accordance with relevant regulations.

2. If officials or public employees, who remain eligible for work for whole 02 – under 05 years before reaching retirement age, are re-appointed, the term of office held after re-appointment shall not exceed the statutory retirement age.  

3. If any management officer who remains less than 02 years to work before reaching retirement age is assessed and ensures conformity to statutory requirements and standards, no re-appointment decision is made but his/her current term of office is extended to the time when the stipulated retirement age is reached.

4. Management officers who are not eligible for re-appointments shall be assigned other tasks which are designed to conform to professional ability, aptitude and level of respective officers.

Article 15. Re-appointment processes and procedures

1. As for titles of management officers within the Minster's authority to decide re-appointment, processes and procedures shall be provided for as follows:

a. Within a period of 03 months before expiration of term of office held by management officers, the Ministry of Health shall notify and request recommended officials or public employees to prepare their self-assessment form in accordance with regulations set forth herein, which is applicable to those working for public sector entities affiliated to the Ministry of Health.

b. The self-assessment form must be judged by the primary Party’s committee and the Leadership or key officers of the entity, and documented in a record for submission to the Party's Affairs Committee and the Leadership of the Ministry of Health for their consideration.

c. The Minister of Health shall give her comments and make her recommendation on whether they are re-appointed.

d. The Party’s Affairs Committee and the Leadership of the Ministry shall consult collected opinions, hold discussions, consider and make a final decision on appointments.

2. As for titles of management officers under the authority to decide re-appointment of the Head of the entity, processes and procedures shall be provided for as follows:

e. Within a period of 03 months before expiration of term of office held by management officers, the entity shall notify and request recommended officials or public employees to prepare their self-assessment form in accordance with regulations set forth herein, which is applicable to those working for public sector affiliates of the Ministry of Health.

f. The self-assessment form must be collectively judged by the leadership of departments, divisions, faculties, or by staff members under their management who participate in the opinion polling process, and documented in a record for submission to the primary Party’s committee and the Leadership of the entity.

g. The Head of the entity shall give his/her comments and make his/her recommendation on whether they are re-appointed.

h. The primary Party’s committee and the Leadership of the entity shall consult collected opinions, hold discussions, consider and make a final decision on appointments.

Chapter 4

INTERNAL TRANSFER

Article 16. Bases and purposes of internal transfer

Internal transfer of management officers must take into consideration work demands, political duties, standards, professional capabilities and personnel planning to ensure effective personnel utilization and consistency or uniformity among officials and public employees, and provide access to comprehensive and practical training for prospective ones.

Article 17. Subject and scope of internal transfer

Management officers under the authority to decide appointment of the Minister of Health shall, by taking into consideration work needs, be transferred between affiliates of the Ministry.

Management officers under the authority to decide appointment of the Head of an entity shall, by taking into consideration work needs, be subject to inter-entity transfers.

Article 18. Annual transfer plan

Pursuant to the personnel planning, and after considering word demands, competence and aptitude of respective officials or public employees, the Party's Affairs Committee and the Leadership of the Ministry of Health shall direct the Department of Organization and Personnel (applicable to the entity, the primary Party's committee, the Head of the entity in charge of directing the Division of Organization and Personnel) shall establish the plan to transfer officials or public employees within his/her jurisdiction:

1. Compile the list of transferees (specifying pre- and post-transfer titles)

2. Put forward specific proposals to deal with internal transfers of respective officials or public employees.

3. Before making a transfer decision, the Leadership of the Ministry (the Head of the entity) or the Director of the Department of Organization and Personnel (the Head of the Division of Organization and Personnel), who is given authorization, should confer with the entity which transfers and the entity which accepts these officials or public employees; meet up with them to clarify purposes and necessity of such transfers; listen to their opinions and give possible suggestions.

Article 19. Transfer duties

Officials or public employees must strictly observe the transfer decision. Competent authorities that decide such transfers shall be held accountable for their decision.

Chapter 5

RESIGNATION AND TERMINATION

Article 20. Resignation

1. During the term of office, if any management officer wishes to resign, they must submit resignation requests to higher-ranked managers in the exercise of direct authority over them for consideration. 

2. Within a maximum period of 01 month of receipt of resignation requests, the Leadership of the body or entity directly utilizing and managing officials or public employees shall consider making decisions under the delegated power or request the Minister of Health to grant her decision.

3. During the process of approving resignation requests, management officers must continue to perform their assigned duties and exercise their delegated powers.

4. Management officers who have resigned shall be assigned other tasks which are designed to conform to their professional ability, aptitude and level.

Article 21. Termination

During the term of office, if management officers commit any violation which is not subject to dismissal, but have no more prestige or no longer meet requirements to hold their titles, or fail to discharge their duties because of their poor health, or do not succeed in their assigned duties, the Head of the entity shall decide, within his/her jurisdiction, or request the Minister of Health to consider granting a decision on termination and assign other tasks at their discretion before expiration of time limit for appointments.  

Chapter 6

IMPLEMENTATION

Article 22. Implementation responsibility

1. The Department of Organization and Personnel shall act as the central point to take responsibility to provide guidance, expedite, inspect and assess implementation of these Regulations within public sector affiliates of the Ministry of Health.

2. The Head of the public sector affiliate of the Ministry of Health shall be responsible for making necessary arrangements for implementation of these Regulations.

3. In the course of implementation, if there is any difficulty that may arise, the Head of entities shall be advised to report to the Department of Organization and Personnel for consolidation, and may request the Minister to consider and make any necessary amendment where appropriate.

Form No.1

The Party’s Affairs Committee of the Ministry of Health

Hanoi, day…month….year…

OPINION POLLING BALLOT

Recommended appointee......................

After considering work needs, moral standards and competence of the said person, and the request of the primary Party’s committee (branch) and the Leadership of the entity, the Party’s Affairs Committee of the Ministry of Health will appoint the following persons listed below to hold the title...... at the entity:

 - Mark “x” onto the appropriate box to mean “Yes” or “No” to recommendations respectively.

- If choose “No”, another person may be recommended as follows:

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 (No signature required)

Form No.2:

Ministry of Health

Entity……..

 Hanoi, day…month….year…

OPINION POLLING BALLOT

Recommended appointee...................... (specifying the appointment title)

After considering work needs, moral standards and competence of the said person, the primary Party’s committee and the Leadership of (name of the entity) will appoint the following persons listed below to hold the title......(specifying the appointment title):

 - Mark “x” onto the appropriate box to mean “Yes” or “No” to recommendations respectively.

- If choose “No”, another person may be recommended as follows:

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 (No signature required)