Draft Law on Civil Servants (amended): Expanding the rights of civil servants

Minister of Home Affairs Pham Thi Thanh Tra presents a report. Photo: media.quochoi.vn

Presenting the proposal, Minister of Home Affairs Pham Thi Thanh Tra said that the amendment to the Law on Public Employees aims to innovate the recruitment, use, and management of public employees according to job positions. In particular, the draft law clearly stipulates that the recruitment, management, arrangement, and use of public employees must be based on the requirements of the job position and the capacity and effectiveness of the public employee in performing his/her duties; there will be no examination or consideration for promotion of public employee professional titles.

The recruitment of civil servants has also been 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 of civil servants and public employees moving to work at a new public service unit, they must carry out job transfer procedures.

The draft law expands the rights of civil servants in the direction of allowing civil servants to sign contracts to perform professional activities at other public service units other than the public service unit they are currently working for or at other non-public agencies, organizations, and units under specific conditions; civil servants working in public science and technology organizations and public higher education institutions are allowed to contribute capital, participate in the management and operation of enterprises, work at enterprises established by such organizations, or participate in the establishment to commercialize research results created by such organizations with the consent of the head of the organization.

Scene of the meeting on the morning of October 22. Photo: media.quochoi.vn

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; professional and technical job positions according to each major in public service units; support job positions...

The draft Law supplements regulations on resource connectivity between the public and private sectors with the aim of creating a mechanism to attract and utilize high-quality human resources to work in the public sector.

The draft law innovates the classification of public service units according to the nature of their tasks (serving state management tasks, providing basic and essential public services, providing public services according to market mechanisms, etc.), thereby clearly defining the method of service provision (the State guarantees 100%, assigns tasks, places orders, contracts based on products and outputs), helping to promote the capacity and operational efficiency of service units.

The mechanism for evaluating civil servants has been innovated to improve the quality and efficiency of service to the people and society. Specifically, the draft law stipulates the principle of evaluating civil servants in a multidimensional manner based on the results, quality of public service and people's satisfaction; there is a mechanism for screening civil servants when it is determined that they do not meet the requirements...

Chairman of the National Assembly 's Committee on Law and Justice Hoang Thanh Tung presents the inspection report. Photo: media.quochoi.vn

In the review report, Chairman of the National Assembly's Committee on Law and Justice Hoang Thanh Tung agreed to comprehensively amend the Law on Civil Servants.

Regarding employment contracts for civil servants, the National Assembly's Committee on Law and Justice requested the drafting agency to review the specific provisions of this type of contract, especially the content that is different from the Labor Code, to stipulate it in the draft Law, as a basis for the Government to stipulate details.

At the same time, the Committee proposed to add a principled provision on unilateral termination of employment contracts, because this provision directly affects citizens' right to work as prescribed by the Constitution.

Some opinions of the National Assembly's Committee on Law and Justice suggested not to regulate public service units in the draft Law, because the Law on Public Employees should only regulate social relations related to public employees; the contents on the organization of the apparatus and workplace of public employees should be regulated in separate legal documents on public service units.

Source: https://hanoimoi.vn/du-an-luat-vien-chuc-sua-doi-mo-rong-them-quyen-cua-vien-chuc-720494.html