No examination or consideration for promotion of professional titles of civil servants
Presenting the Draft Law on Public Employees (amended), Minister of Home Affairs Pham Thi Thanh Tra said that the draft Law regulates public employees recruited to work at public service units under the labor contract regime, receiving salaries from the salary fund of the public service unit and from other legal sources of income as prescribed by law.

The Draft Law consists of 6 chapters and 43 articles, 19 articles less than the current Law.
Minister Pham Thi Thanh Tra said that the draft Law on innovation in recruitment, use and management of civil servants according to job positions. Accordingly, it clearly stipulates that recruitment, management, arrangement and use of civil servants must be based on the requirements of the job position and the capacity and effectiveness of the civil servant in performing his/her duties; there will be no examination or consideration for promotion of civil servant professional titles.
In addition, the recruitment of civil servants should be innovated in the direction of clearly defining the form of competitive examination, public and equal recruitment and the form of reception for high-quality human resources. Public service units are proactive in choosing the recruitment method suitable for the industry and field of operation, aiming at a professional and modern management model. For cases where civil servants and public employees move to work at a new public service unit, they must carry out job transfer procedures.

The draft Law innovates the mechanism for determining job positions in the direction of clearly defining 3 groups of job positions in public service units, including: management job positions (job positions in leadership and management positions appointed according to Party regulations and laws); Professional and technical job positions according to each major in public service units (for these job positions, they must meet the standards and conditions of the specialized management ministry); Support job positions (including shared job positions to serve the operation of public service units such as finance, accounting, staff organization, office...), not including service positions such as drivers, security guards, janitors...
Building a list of job positions to ensure science and quality
Examining the draft Law, the Committee for Law and Justice basically agreed with the conversion of the method of managing civil servants according to job positions to suit the current trend of public sector reform, meeting the requirement of "strongly innovating methods of recruitment, assessment, planning, training, fostering, arranging and using cadres, civil servants and public employees in the political system" in Conclusion No. 121-KL/TW of the 13th Party Central Committee, contributing to creating a legal basis for paying civil servants' salaries according to job positions; ensuring consistency and unity with the method of managing cadres and civil servants stipulated in the Law on Cadres and Civil Servants.
In addition, it is recommended that the Government pay attention to directing the process of building a list of job positions to ensure true scientific and quality standards.
The Committee on Law and Justice agrees with the provisions in Article 13 of the draft Law on civil servants being allowed to sign labor contracts or service contracts with other agencies, organizations and units that are not contrary to the agreement in the employment contract and are not prohibited by law, in order to take advantage of the capacity and professional experience in the professional activities of civil servants to contribute to society and increase legitimate income for civil servants.

At the same time, agree with the regulation that civil servants working at public science and technology service units and public universities have the right to work at enterprises established or participated in establishing by the service unit where they work to commercialize research results created by themselves or that organization according to the agreement in the employment contract to institutionalize the spirit of Resolution No. 57-NQ/TW of the Politburo, ensuring consistency and unity with the provisions of the Law on Science, Technology and Innovation and the Law on Teachers.
Regarding the employment contract for civil servants (Article 20), the Committee on Law and Justice recommends that the drafting agency review the specific provisions of the employment contract for civil servants, especially the content different from the Labor Code, to stipulate it in the draft Law, as a basis for the Government to stipulate in detail; at the same time, supplement the principled provisions on unilateral termination of the employment contract, because this provision directly affects the right to work of citizens as prescribed by the Constitution, and needs to be specifically stipulated in the Law.
Source: https://daibieunhandan.vn/doi-moi-viec-tuyen-dung-su-dung-quan-ly-vien-chuc-theo-vi-tri-viec-lam-10392340.html
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