Delegates propose clarifying regulations prohibiting officials from having one foot in and one foot out

Delegate Nguyen Tam Hung (Ho Chi Minh City Delegation) proposed to clarify that civil servants are not allowed to invest, contribute capital, operate or guarantee for enterprises and organizations that have the same professional field as their unit. Expanding the scope of the ban like this is to prevent the situation of "one foot in, one foot out".

Mr. Nguyen Tam Hung speaks (Photo: Quang Vinh)

On the morning of November 13, the National Assembly discussed in the hall the draft Law on Civil Servants (amended).   Delegate Nguyen Tam Hung (City Delegation). Lake ​  Will   Minh) agreed on the need to promulgate the Law on Public Employees to perfect the legal framework for managing the public service delivery team according to job positions, linking unit autonomy with accountability and digital transformation. The draft has identified and established management principles and the structure of rights and obligations of public employees in a modern direction, approaching new public administration. However, to perfect the draft Law and meet practical requirements, it is recommended that the Drafting Committee consider making adjustments in the Law or by Decree to ensure implementation in practice.

Regarding the principles of public employee management (Article 3), the Draft stipulates "decentralization, delegation of power, ensuring comprehensive autonomy of public service units associated with the responsibility of the head", delegate Nguyen Tam Hung suggested that the Drafting Committee consider adding the content "establishing a mechanism to control conflicts of interest and a mechanism to protect public employees who dare to think, dare to do, dare to take responsibility for the common interest". This is an important requirement to ensure legal safety for the enforcement team, encourage innovation but still within the framework of controlling public power.

Regarding the regulations on what civil servants are not allowed to do (Article 10), according to the delegate, the draft law has not yet clarified the scope of the prohibition on participating in business activities. "It is proposed to clarify that civil servants are not allowed to invest, contribute capital, operate or guarantee for enterprises and organizations in the same field of expertise as their unit. Expanding the scope of the prohibition like this is to prevent the situation of "one foot in, one foot out", avoiding conflicts of interest, especially in the fields of health, education , and scientific research - where the boundaries between public service and private interests are easily confused," delegate Nguyen Tam Hung proposed.

Commenting on the rights of civil servants to sign contracts to perform professional activities and business activities (Article 13), according to delegates, the draft allows civil servants to sign labor contracts and service contracts with other agencies and organizations if not prohibited by law.  

However, Delegate Nguyen Tam Hung suggested that it is necessary to add the obligation to declare, report and get written approval from the head before signing, and at the same time stipulate a "cooling off" period of at least 24 months after leaving the management position before participating in the management of a private organization in the same field. This helps ensure transparency and avoid transferring benefits from the public sector to the private sector.

The delegate also proposed that in the principles of civil servant recruitment (Article 16), it is necessary to clearly stipulate and specify that the recruitment exam be conducted centrally, apply digital technology and connect national data on civil servants, in order to control input quality and limit the situation of "double recruitment". Applying a transparent online exam model will create trust in society, contributing to the formation of a team of civil servants with real capacity and qualities.

Commenting on the disciplinary action against civil servants (Article 34), Delegate Nguyen Tam Hung said that the draft only stipulates the form of individual disciplinary action but has not yet established the joint responsibility of the head. He suggested that the drafting agency add the provision that "the head of a public service unit must bear joint responsibility if there is a systematic violation or if he covers up or tolerates wrongdoing". This mechanism clearly demonstrates the principle of controlling power and enhancing integrity in public service management.

Viet Thang - Trung Hieu

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