Before the National Assembly passed the bill, Minister of Home Affairs Do Thanh Binh presented a summary report on the acceptance and explanation of opinions from National Assembly deputies regarding the draft Law on Public Employees (amended).
Minister Do Thanh Binh stated that, taking into account the opinions of National Assembly deputies, the draft Law has been revised and submitted to the National Assembly for voting and approval, comprising 6 chapters and 43 articles, with the following revisions and additions:
Firstly , revise some related content to transform the method of managing civil servants based on job positions, using job positions as the main basis for recruitment, placement, evaluation, planning, appointment, training, professional development, and implementation of policies and regulations for civil servants.
Regarding the principles of civil servant management (Article 3), it is clearly stipulated: Recruitment, employment, and management of civil servants shall be carried out according to job positions and based on employment contracts. Decentralization and delegation of authority shall be implemented, ensuring the full autonomy of public service units while maintaining the responsibility of the head; mechanisms for accountability and supervision by competent authorities and individuals in the management of the civil servant workforce shall be developed and made public.
In addition, the principles of civil servant management also state: Implementing gender equality in the recruitment, employment, management, and development of civil servants; promoting the application of information technology and digital transformation in civil servant management; encouraging and protecting civil servants who are innovative, daring to think, daring to act, daring to make breakthroughs, and daring to take responsibility for the common good.
Secondly , regulations regarding the obligations and rights of public employees in professional activities outside public service units should be revised to ensure strict compliance. Public employees are responsible for completing assigned tasks within the public service unit, adhering to legal regulations on industry and sector management, and avoiding conflicts of interest as stipulated by anti-corruption laws.
Regarding the rights of officials to carry out professional and business activities (Article 13), it is clearly stipulated:
Public service units may enter into labor contracts or service contracts with other agencies, organizations, or units if the relevant industry or field's laws do not prohibit it, ensuring there is no conflict of interest as stipulated by anti-corruption laws, not contradicting the terms of the employment contract, and not violating professional ethics. If there is no such agreement in the employment contract, written consent from the head of the public service unit is required; for the head of the public service unit, written consent from the directly supervising authority is also required.
They may practice their profession individually if the laws governing their industry or field do not prohibit it, ensure there is no conflict of interest as stipulated by the law on preventing and combating corruption, and do not violate professional ethics.
They are allowed to contribute capital to, participate in the management and operation of non-public enterprises, cooperatives, hospitals, educational institutions, and scientific research organizations, except where the law on anti-corruption, the law on enterprises, or the law on the relevant industry or field provides otherwise.
At the same time, they are entitled to exercise other rights in business activities, provided they do not violate the law on professional activities and regulations of competent authorities...
Thirdly , refine the regulations on signing labor contracts and service contracts, and add provisions on contract termination and unilateral contract termination in Article 22 to ensure consistency with the Labor Code.
Fourth , revise the regulations on quality assessment and classification to ensure consistency with Regulation No. 366-QD/TU dated August 30, 2025, of the Politburo and the Law on Cadres and Civil Servants; assign the Government to prescribe the Framework of Assessment Criteria as a basis for public non-business units to develop assessment regulations for civil servants under their management.
Fifthly , revise the regulations on secondment, resignation, dismissal, and removal from office to ensure consistency with the newly issued Regulation No. 377-QD/TU dated October 8, 2025, of the Politburo.
Minister of Home Affairs Do Thanh Binh emphasized that the amended Law on Public Employees is an important step in concretizing the Politburo's strategic resolutions on science, technology and innovation, education and training, health, and new regulations on personnel work, aiming to restructure and improve the quality of the public employee workforce in accordance with job positions.
At the same time, the Law helps to strengthen the application of science, technology and digital transformation; improve the effectiveness of performance evaluation based on products and work results; create a mechanism for linking human resources between the public and private sectors; attract and utilize high-quality human resources to enhance the efficiency of public service units, contributing to socio-economic development and serving the people in the new era.
Source: https://hanoimoi.vn/tuyen-dung-su-dung-quan-ly-vien-chuc-theo-vi-tri-viec-lam-726303.html
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