Prevent officials from taking advantage of their positions in the public sector for personal gain in the private sector.

The law does not cover the group of experts, scientists , experienced people, and foreigners.

On the morning of November 13, speaking at the discussion hall on the Law on Public Employees (amended), delegate Nguyen Thi Viet Nga ( Hai Phong delegation) said: Article 21 of the draft Law adds subjects signing labor contracts and work contracts. Compared to the current Law on Public Employees, this draft has expanded the subjects signing contracts, allowing public service units to sign contracts with experts, scientists, experienced people, and foreigners to perform management, professional, and support tasks.

Delegate Viet Nga said that this provision is suitable for practical requirements, aiming to increase flexibility and attract high-quality human resources from the private and international sectors to the public sector. However, the group of scientists, experienced people, and foreigners are not civil servants. Therefore, according to the delegate, the scope of regulation and the name of the draft law "Law on Civil Servants" do not cover this group of subjects, suggesting that the Drafting Committee consider further for suitability.

Avoid taking advantage of public sector positions to benefit the unit you manage in the private sector.

Regarding the rights of civil servants to sign contracts to perform professional activities and business activities , Point b, Clause 1, Article 13 allows civil servants to "Contribute capital, participate in the management and operation of enterprises, cooperatives, hospitals, educational institutions, and non-public scientific research organizations, except in cases where the law on anti-corruption or specialized law provides otherwise".

Avoid officials taking advantage of their positions in the public sector to gain benefits in the private sector - Photo 1.

Delegates at the discussion session at the Hall on the Law on Civil Servants (amended). Photo: National Assembly

Delegate Nguyen Thi Viet Nga said that this is an open regulation for civil servants, creating opportunities for civil servants to exploit and promote their capacity, encouraging the use of each individual's capacity to contribute to society, taking advantage of the intelligence and expertise of civil servants in the private sector.

However, in parallel with the expansion of this right, it is necessary to tighten regulations on the control and anti-corruption mechanism. Because, according to delegates, this regulation may potentially contain some risks such as conflicts of interest between positions in the public and private sectors (especially when the official is the person holding the management position of both public and private units operating in the same field), leading to taking advantage of one's position in the public sector for personal gain for one's own private sector unit .

Therefore, according to the delegate, there should be regulations "not allowing management officials to participate in the management and operation of private businesses and activities in the same field in which they are working; regulations on the mechanism for declaration, transparency, supervision and accountability of capital contribution and management participation of officials in the private sector, especially for management officials", the delegate suggested.

Proposal not to stipulate "employment contract is an agreement"

Regarding cases that are not allowed to register for civil servant recruitment according to the provisions of the law on professional activities, the delegate stated: Clause 3, Article 19 of the Draft stipulates that people who are not allowed to register for civil servant recruitment, in which, point c stipulates that people who are not allowed to register for civil servant recruitment are those "who fall into one of the cases that are not allowed to register for civil servant recruitment according to the provisions of the law on professional activities".

Currently, there are no specific regulations on these cases. Therefore, the delegates proposed to add a regulation assigning the Government to specify in detail the cases that are not allowed to register for civil service recruitment according to the provisions of the law on professional activities or clarify in the draft.

Avoid officials taking advantage of their positions in the public sector to gain benefits in the private sector - Photo 2.

Scene of the discussion session of the Draft Law on Civil Servants (amended). Photo: National Assembly

Regarding employment contracts for civil servants, Clause 1, Article 20 of the draft stipulates that "A labor contract is a written agreement between a civil servant or a person recruited to work as a civil servant and the head of a public service unit on job position, salary, benefits, working conditions, rights, obligations and other related contents".

The delegate believes that the regulation of a work contract as an agreement is not appropriate. The reason, according to the delegate, is that the work contract of civil servants is not the same as normal labor contracts. It is a contract but of an administrative nature, in which one party signs the contract on behalf of the State, the other party signs the contract on compliance with standards, conditions, salary levels, regimes, and job positions according to the State's own regulations.

"In reality, in the process of recruiting civil servants, there is almost no element of negotiation or equal agreement as in normal labor relations, but only acceptance or non-acceptance of the available conditions and requirements for each recruited position. If not accepted, that person will not be recruited; the contents of the employment contract are almost rigid regulations, and agreement to change the contract is almost impossible. Therefore, saying "agreement" in the employment contract of civil servants is not true to its nature, easily causing misunderstandings and losing the specificity of the employment contract of the public service sector," the delegate analyzed.

Therefore, delegate Nguyen Thi Viet Nga proposed not to stipulate "a labor contract is an agreement" as in the draft.

Source: https://phunuvietnam.vn/tranh-viec-vien-chuc-loi-dung-chuc-vu-trong-khu-vuc-cong-de-truc-loi-o-khu-vuc-tu-20251113112155532.htm