Pregnant women and women with young children are not allowed to take up leadership positions.

Civil servants and public employees of the Ministry of Justice who are under disciplinary review or enforcement, or are under investigation or prosecution, have reduced reputation, are not in good health, or are pregnant or raising children under 36 months old will not be rotated into leadership or management positions, even if they are in the planning.

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The Ministry of Justice has just announced the draft Regulations on Appointment, Resignation, Resignation, Dismissal, Transfer, Secondment, and Rotation of Civil Servants and Public Employees of the Ministry of Justice to solicit public comments.

According to the draft, the age for first-time leadership appointment is not more than 55 years old for men and not more than 50 years old for women. In special cases, when it is really necessary and the unit does not have another suitable personnel plan, it must ensure that the working age is at least 2/3 of the term (a full 40 months) but must report to the Party Executive Committee and the Minister for approval.

Civil servants and public employees who have ceased to hold leadership or management positions after a period of work, if considered for appointment to leadership or management positions, the age requirement shall be the same as the age requirement for first appointment.

Age is calculated according to the Birth Certificate (original or certified copy); if there is no Birth Certificate, then according to the original CV declared when being recruited into the Party, State, organization, or armed forces (certified by the competent authority).

For party members, in case the age recorded in the Cadre Profile or other relevant documents attached to the Cadre Profile does not match the original Party Member Profile, the age will be calculated according to the Party Member Profile (original profile) when admitted to the Party.

The appointed person must not be serving disciplinary action from reprimand or above; not be under disciplinary review, investigation, prosecution or trial.

A person disciplined with a reprimand or higher level shall not be appointed to a higher position for at least 1 year from the date of the disciplinary decision. A person disciplined with dismissal from office shall not be appointed to an equivalent or higher position for at least 1 year from the date of the disciplinary decision.

In the proposal, the appointment proposal must clearly state whether the personnel are in the appointment position plan or not; if not, the reason must be clearly explained.

The term of office for each appointment is 5 years, calculated from the effective date of the appointment decision. In case of change of leadership or management title due to change of organization name but no change in function or task, the re-appointment date is calculated from the effective date of the appointment decision according to the old position.

For the President of Hanoi Law University, Director of the Judicial Academy, and Presidents of intermediate law schools under the Ministry of Justice, they are appointed and reappointed for a term of office, each term is 5 years and not more than two consecutive terms.

Rotation object

According to the draft, transferred civil servants and public employees must fully meet the following conditions:

Being a civil servant, a leader, or a manager planned for a higher leadership position; under 45 years old, for men, it can be older but not more than 50 years old; having development prospects; civil servants, leaders, or managers in the planning for the Head level who have held the Deputy position for 1 term will be considered for rotation and training in management experience in at least 2 areas of work of the unit or practical experience in other agencies and units; civil servants, leaders, or managers in the planning who have held the position for 2 terms will be considered for rotation.

The draft emphasizes that rotation of civil servants and public employees in leadership and management positions in the planning shall not be carried out in the following cases: Civil servants and public employees are under disciplinary review, disciplinary enforcement, or are under investigation or prosecution; civil servants and public employees' reputations are reduced; health is not guaranteed to be rotated; female civil servants and public employees are pregnant and raising children under 36 months.

Male civil servants who have to raise children under 36 months old (due to the death of their wives or other objective circumstances) are also subject to the same provisions as female civil servants in this point.

The rotation period is from 3 to 5 years. Only consider transferring and assigning new jobs to cadres who have had a rotation period of 3 years or more, except in special cases that may be shorter in places where it is necessary to arrange personnel to replace the head and there is no alternative source of personnel.

The scope of rotation is within the units of the Ministry and between units of the Ministry or rotation from units of the Ministry to the civil enforcement system or to other Ministries, branches or localities.

According to Dantri