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Through the amended Law on Public Officials: Public officials are allowed to contribute capital and participate in the management of businesses.

(Chinhphu.vn) - Public officials are allowed to contribute capital and participate in the management and operation of non-public enterprises, cooperatives, hospitals, educational institutions, and scientific research organizations, except in cases where the law on anti-corruption, the law on enterprises, or the law on the relevant industry or field provides otherwise.

Báo Chính PhủBáo Chính Phủ10/12/2025

Thông qua Luật Viên chức (sửa đổi): Viên chức được góp vốn và tham gia điều hành doanh nghiệp- Ảnh 1.

Minister of Home Affairs Do Thanh Binh presented the Report on receiving feedback, explaining, revising, and finalizing the draft Law on Public Employees (amended).

On the afternoon of December 10th, continuing the program of the 10th Session, the National Assembly voted to pass the amended Law on Public Employees with 92.39% of the attending delegates voting in favor.

The Law on Public Officials (amended) consists of 6 chapters and 43 articles. This law will come into effect on July 1, 2026.

One of the notable aspects of the Law is the significant expansion of the rights of civil servants to engage in professional and business activities.

According to the new regulations, civil servants are allowed to sign labor contracts or service contracts with other agencies, organizations, or units, provided that specialized laws do not prohibit it and the additional work does not create a conflict of interest.

Contracts signed outside of public service units must not contradict the agreements in the current employment contract and must not violate regulations on professional ethics.

If the employment contract does not explicitly state this right, the employee must obtain written consent from the head of the unit. The head of a public service unit wishing to sign overtime contracts must have written approval from their immediate superior agency.

The law also allows civil servants to practice their profession as individuals, provided that the laws governing their sector or field do not prohibit it. When practicing their profession, civil servants must comply with regulations on preventing and combating conflicts of interest, must not exploit information or working conditions within the unit for personal gain, and must not violate professional ethics.

Public officials may contribute capital and participate in the management and operation of non-public enterprises, cooperatives, hospitals, educational institutions, or scientific organizations, except where the law on anti-corruption, the law on enterprises, or the law on the relevant industry or field provides otherwise.

Before proceeding to the vote, the National Assembly heard Minister of Home Affairs Do Thanh Binh present the Report on receiving feedback, explaining, revising, and finalizing the draft Law on Public Employees (amended).

Regarding the main contents that have been incorporated, revised, and perfected in the draft Law, Minister of Home Affairs Do Thanh Binh stated that the Government has revised some related contents to transform the method of managing civil servants according to job positions, using job positions as the main basis for recruitment, placement, evaluation, planning, appointment, training, and implementation of regimes and policies for civil servants.

The draft law also revises regulations on the obligations and rights of public employees in professional activities outside public service units, ensuring stricter enforcement. Public employees are responsible for completing assigned tasks within the public service unit, complying with legal regulations on industry and sector management, and avoiding conflicts of interest as stipulated by anti-corruption laws.

At the same time, the draft Law also refines regulations on signing labor contracts and service contracts, and adds provisions on contract termination and unilateral contract termination in Article 22 to ensure consistency with the Labor Code.

According to Minister Do Thanh Binh, the draft amendments to the regulations on evaluating and classifying quality ensure consistency with Regulation No. 366-QĐ/TW dated August 30, 2025, of the Politburo and the Law on Cadres and Civil Servants; assigning the Government to prescribe the Framework of Evaluation Criteria as a basis for public service units to develop evaluation regulations for civil servants under their management.

In addition, the draft Law also revises regulations on secondment, resignation, dismissal, and removal from office to ensure consistency with Regulation No. 377-QĐ/TW dated October 8, 2025, issued by the Politburo.

Minister of Home Affairs Do Thanh Binh stated that the amended Law on Public Employees is an important step in concretizing the Politburo's resolutions on science, technology and innovation, education and training, health, and new regulations on personnel work, aiming to restructure and improve the quality of public employees in accordance with job positions; strengthen the application of science, technology and digital transformation; improve the effectiveness of performance-based evaluation; create a mechanism for linking human resources between the public and private sectors; attract and utilize high-quality human resources to improve the efficiency of public service units, contributing to socio-economic development and serving the people in the new period.

Thu Giang


Source: https://baochinhphu.vn/thong-qua-luat-vien-chuc-sua-doi-vien-chuc-duoc-gop-von-va-tham-gia-dieu-hanh-doanh-nghiep-102251210155526372.htm


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