Basic New Points of the Law on Public Employees

Deputy Minister of Home Affairs Nguyen Duy Thang stated that for the State to successfully and efficiently fulfill its responsibility of fully providing and ensuring the quality of basic and essential needs for the people and the community, not for profit goals, it is necessary to build and improve the quality of public employee teams working in public service providers. This, in turn, ensures a balance between economic development with stability, social justice, creating a foundation and motivation for the rapid and sustainable development of the country.

Clarifying the concept of public employee and professional activities of public employees: Previously, the Ordinance on Cadres and Officials did not clarify the concept of "public employee." To overcome this limitation, the Law on Public Employees has established the concept of public employees: "A public employee is a Vietnamese citizen recruited according to job positions, working at public service providers according to employment contract policies, receiving salaries from the salary funds of public service providers as stipulated by law."

Illustrative image (source internet)

Thus, along with the Law on Officials distinguishing "cadres" and "officials," the Law on Public Employees has also clarified the concept of public employees, distinguishing public employees from cadres and officials. The basic difference of a public employee compared to an official is the recruitment policies associated with job positions, through employment contract policies, and salaries received from the salary funds of public service providers.

The work of public employees is not an exertion of public power but purely professional activities of a professional nature. Therefore, the Law on Public Employees has clarified that "The professional activities of public employees are the implementation of tasks or responsibilities that require qualifications, capacity, and professional skills in public service providers as stipulated by the law on public employees and other related laws."

The Law has clearly defined the most general issues in the professional activities of public employees and the management of public employees: The Law on Public Employees has stipulated basic principles in the professional activities of public employees; the principles of managing public employees suitable for the political institution of Vietnam and the nature and characteristics of public employee labor. To continue innovating the management mechanism of public employees, the Law on Public Employees clarified basic concepts such as job position, recruitment, employment contracts, professional ethics, and code of conduct. Notably, it stipulated "professional title" instead of "grade" to address current limitations in managing public employees. The Law on Public Employees has unified the understanding of public service providers and categorized them into two types: those granted autonomy and those not granted autonomy. Additionally, it stipulated the Management Council in public service providers to gradually reduce the supervisory policies and improve the control mechanism for leaders during the execution of their assigned powers. Supplementing some guiding provisions related to the policies for building and developing public service providers and public employee teams.

The Law on Public Employees has improved and supplemented the rights and obligations of public employees: Public employees are those working in public service providers. Therefore, the rights and obligations of public employees also contain content similar to that of officials. In addition, due to the specific nature and characteristics of the professional activities of public employees, the Law on Public Employees has stipulated the rights of public employees in a more open direction compared to officials, creating conditions for public employees to maximize their talents, creativity, and ability to contribute. These include rights regarding business activities and working outside of prescribed hours. Moreover, the Law on Public Employees has also completed the system of obligations of public employees (including things public employees are not allowed to do) in accordance with the nature and characteristics of the professional activities of public employees.

The Law continues to innovate mechanisms and the contents of recruitment, usage, and management of public employees: One of the principles emphasized to continue innovating the management mechanism of public employees is "The recruitment, usage, management, and evaluation of public employees are based on the standards of professional titles, job positions, and employment contracts." This principle lays the foundation for continuously innovating the management mechanism of public employees according to job policies, emphasizing capacity and talent alongside morality and qualifications.

Furthermore, the Law also stipulates the principle of ensuring the initiative and highlighting the responsibilities of leaders to promote autonomy, accountability, and contribute to public service sector reform. Unifying state management of public employee teams, promoting the delegation or decentralization to the head of public service providers in managing public employees.

Inheriting current legal provisions on labor contracts, the Law on Public Employees has completed regulations on employment contracts.

Management content of public employees has also been improved and renewed. Remarkably: The change in professional titles for public employees is implemented through exams or selections, with the choice of method depending on specific sectors and professions; the evaluation of public employees is based on the commitments in the signed employment contracts. Evaluation content is associated with the results of work performance, responsibilities, service attitude towards the public, etc.; Public employees who fail to complete their tasks for two consecutive years may have their employment contracts unilaterally terminated by the public service provider; In addition to receiving rewards according to current regulations, public employees with exceptional achievements may be considered for salary advancements or early salary hikes.

Besides the four forms of discipline: Reprimand, warning, demotion, and dismissal, public employees subject to disciplinary actions may also have their professional activities restricted as regulated by relevant laws.

The Law on Public Employees has stipulated the transition between public employees and officials: Due to Vietnam's particularity, there has always been interconnectivity and transition between public employees and officials among the Party, State, and socio-political organizations. Therefore, the Law on Public Employees specifies specific cases for this transition. These are: Public employees working at public service providers for five years or more may be considered for transition to officials without examination; Public employees accepted and appointed to positions legally defined as officials will have the acceptance and appointment decision simultaneously serve as the recruitment decision; Cadres and officials transitioning to public employees when meeting all the conditions stipulated by the Law on Public Employees; Civil servants in leadership and management positions at public service providers who are not reappointed after their term ends but continue to work in that public service provider will be transitioned to public employees and assigned appropriate work; Public employees transitioning to officials, or vice versa, will have their rights concerning policies and interests guaranteed.

Regarding transitional regulations: For public employees recruited before this Law takes effect, the Law on Public Employees provides provisions to ensure benefits, policies, and avoid causing disturbances affecting the work morale of the current public employee teams. To be specific: Public employees recruited before July 1, 2003, will have rights, obligations, and be managed like public employees working under indefinite-term employment contracts. The public service provider is responsible for completing procedures to ensure benefits, job stability policies, salary policies, and other benefits that public employees are enjoying; Public employees recruited from July 1, 2003, until this Law takes effect will continue to implement the signed employment contracts with public service providers, with rights, obligations, and management as stipulated by this Law.

Source: Communist Party of Vietnam

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