Is it expected to complete the Law on Cadres, Civil Servants and Public Employees (amended) before 2026 in Vietnam?
Is it expected to complete the Law on Cadres, Civil Servants and Public Employees (amended) before 2026 in Vietnam? - Mr. Phuong (HCMC)
Is it expected to complete the Law on Cadres, Civil Servants and Public Employees (amended) before 2026 in Vietnam?
The appendix to the Government's Action Program issued together with Resolution 99/NQ-CP in 2023 specifies the table of tasks for ministries, departments, and localities.
According to the Resolution, the revision and supplementation of the Law on Cadres, Civil Servants and Public Employees must be completed before 2026. In addition, the Law on Government Organization and the Law on Local Government Organization must also be completed before 2026.
|
No. |
Work content |
Competent authority |
Coordinating authority |
Submision and approval |
Completion time |
|
I |
COMPLETING LEGAL POLICY ON ORGANIZATION, PERSONNEL, AND MANAGEMENT OF CIVIL SERVANTS AND PUBLIC EMPLOYEES |
||||
|
1 |
The laws |
||||
|
1.1 |
Amending and supplementing the Law on Government Organization |
Ministry of Home Affairs |
Ministries, branches and localities |
Congress |
Before 2026 |
|
1.2 |
Amending and supplementing the Law on Local Government Organization |
Ministry of Home Affairs |
Ministries, branches and localities |
||
|
1.3 |
Amending and supplementing the Law on Cadres and Civil Servants; Law on Public Employees |
Ministry of Home Affairs |
Ministries, branches and localities |
||
Who are civil servants in Vietnam?
Pursuant to Article 32 of the Law on Cadres and Civil Servants in 2008 (amended by Clause 20 and 22, Article 1 of the Law on amendments to the Law on Cadres and Civil Servants; Law on Public Employees in 2019) stipulating civil servants in Vietnam as follows:
- Civil servants in the organs of the Communist Party of Vietnam, political - social organizations;
- Civil servants in state agencies;
- Civil servants in the leadership and management machinery of public service units;
- Civil servants in agencies and units under the Vietnam People's Army that are not officers, professional soldiers, or military workers; civil servants in agencies and units under the People's Police that are not officers, non-commissioned officers serving under a professional regime, or police workers.
Is it expected to complete the Law on Cadres, Civil Servants and Public Employees (amended) before 2026 in Vietnam? - Source: Internet
Who are cadres in Vietnam?
Pursuant to Article 21 of the Law on Cadres and Civil Servants in 2008 (amended by Clause 20 Article 1 of the Law on amendments to the Law on Cadres and Civil Servants; Law on Public Employees in 2019) stipulating cadres in Vietnam as follows:
Civil servants
1. Civil servants as defined in Clause 1, Article 4 of this Law include civil servants in the organs of the Communist Party of Vietnam, the State, and political - social organizations at the central, provincial, and district levels.
2. The competent authority of the Communist Party of Vietnam shall, based on the charter of the Communist Party of Vietnam, of the political - social organization and the provisions of this Law, specify the specific positions and titles of civil servants working in the organs of the Communist Party of Vietnam and political - social organizations.
The positions and titles of civil servants working in state agencies are determined in accordance with the provisions of the Law on the Organization of the National Assembly, the Law on the Organization of the Government, the Law on the Organization of the People's Courts, the Law on the Organization of the People's Procuratorates, the Law on the Organization of Local Governments, the Law on State Audit and other relevant legal provisions.
As regulations above, civil servants include civil servants in the organs of the Communist Party of Vietnam, the State, and political - social organizations at the central, provincial, and district levels.
What are prohibited acts of cadres and civil servants in Vietnam?
Prohibited acts of cadres and civil servants in Vietnam are as follows:
(1) Prohibitions related to civil service ethics (Article 18 of the Law on Cadres and Civil Servants in 2008)
- Shirking responsibility or refusing to discharge assigned tasks; sowing factionalism and disunity; quitting jobs or going on strike without permission.
- Illegally using assets of the State and people.
- Taking advantage of or abusing tasks and powers; using civil service-related information for self-seeking purposes.
- Discriminating in any form against nationality, gender, social strata, beliefs and religions.
(2) Prohibitions related to state secrets (Article 19 of the Law on Cadres and Civil Servants in 2008)
- Cadres and civil servants may not disclose in any form information relating to state secrets.
- Cadres and civil servants working in sectors or occupations related to state secrets may not, within at least 5 years after receiving decisions on their retirement or job discontinuation, perform jobs related to their former sectors or occupations for domestic and foreign organizations and individuals and foreign-invested joint ventures.
- The Government shall issue a specific list of sectors, occupations and jobs which and time limits during which cadres and civil servants are not allowed to perform and policies towards those to whom this Article applies.
Other prohibitions on cadres and civil servants
Cadres and civil servants may not deal with affairs related to production and business and personnel work specified in the Anti-Corruption Law and the Law on Practice of Thrift and Combat of Wastefulness and other jobs as prescribed by law and competent agencies. (Article 20 of the Law on Cadres and Civil Servants in 2008)
Best regards!
