Amendments to 5 Decrees regarding officials in Vietnam

Establishing a Mechanism to Encourage Officials in Vietnam to Dare to Think, Dare to Do, and Dare to Take Responsibility

At the press conference held by the Ministry of Home Affairs of Vietnamon the afternoon of December 26, regarding the drafting of the Decree on Encouraging Dynamic, Creative, Courageous Officials Who Dare to Think, Dare to Act, and Dare to Break Through for the Common Benefit to materialize the policies of the Communist Party, Mr. Nguyen Tuan Ninh - Director of the Department of Officials and Public Employees, shared: This is a very challenging task, especially in the context that we are building and perfecting the rule of law, with some legal mechanisms and policies not yet synchronized.

"We are also pondering over what constitutes innovation. Innovation is very abundant, in all fields," Mr. Ninh said.

Therefore, in the recent times and upcoming period, the Ministry of Home Affairs of Vietnam will continue to study carefully, thoroughly, and comprehensively to both achieve the goal of establishing a specific, appropriate, and effective mechanism to encourage officials to dare to think, dare to act, dare to take responsibility, and dare to break through for the common good, and to motivate officials to actively unleash their wisdom, capability, and boldly propose their ideas in task performance to meet practical demands.

Simultaneously, the Ministry of Home Affairs also proposes mechanisms to encourage officials to dare to think, dare to act, and dare to take responsibility while minimizing the misuse of this policy for personal gain, corruption, negative behavior, or violations of the regulations of the Communist Party and state laws.

According to Mr. Nguyen Tuan Ninh, in recent times, there have been some officials who have lost their morale and did not dare to innovate or be creative to ensure their own safety.

Therefore, during the research process, the Ministry of Home Affairs will continue to share and hope for the companionship of the press so that when the decree is issued, it ensures the policy of the Communist Party, conforms to the spirit of Conclusion 14 of the Politburo, but also suits the practical realities and soon comes into life.

Mr. Nguyen Tuan Ninh: The Ministry of Home Affairs of Vietnam is researching to draft a decree amending 5 decrees on official work and recruitment, and it is in the finalization stage.

Eventhough the Process is Very Strict, why Are There Still Cases of Disciplinary Actions or Prosecutions After Appointment in Vietnam?

Regarding the strictly followed 5-step process of appointing officials, yet still witnessing some cases of law violations, disciplinary actions, or prosecutions after the appointment, Mr. Nguyen Tuan Ninh clarified: The Central Organization Committee has advised the Politburo to issue Decision 80-QD/TW dated August 18, 2022, on decentralized management and appointment of officials, and nomination of officials for election; Regulation No. 50-QD/TW on official planning work; and Guideline 16 on official planning.

The Politburo and the Secretariat have also focused significantly on perfecting policies and guidelines on official work.

From the Ministry of Home Affairs' perspective, based on the Party's guidelines and directives on official work, the Ministry is advising the Government of Vietnam to focus on amending and supplementing regulations on this issue. Currently, the Ministry is researching to draft a decree amending 5 decrees on official work and recruitment by the Government of Vietnam, which is in the finalization stage.

Additionally, to enhance the quality of officials and public employees, it is necessary to synchronize the Party's guidelines and regulations on controlling power in official work and combating position purchasing (Regulation 205-QD/TW), while also encouraging officials to resign if they have shortcomings (Conclusion 20).

"The Department of Officials and Public Employees advises the Ministry of Home Affairs' leadership on innovating the management of officials and public employees. Alongside perfecting the institutional framework, there is a need to strengthen discipline and administrative order," Mr. Ninh informed.

In 2023, according to the assigned tasks, the Ministry of Home Affairs will review and study the Law on Officials, Law on Public Employees, and several related laws to report to the Standing Committee of the National Assembly on the implementation of these laws and, based on that, advise and propose amendments and supplements to the National Assembly to meet future task requirements.

Drafting a Decree on Control of Entrance quality of Officials and Public Employees in Vietnam

Regarding the recruitment work for officials and public employees in recent times, especially after the Secretariat issued Conclusion 71 and Conclusion 27 on addressing violations in official recruitment, Mr. Ninh stated that the ministries, central authorities, and local authorities have basically complied with the Party's regulations and state laws on official recruitment. The recruitment of officials and public employees mainly meets the position requirements; this is also an important aspect in restructuring the team of officials and public employees.

The Department of Officials and Public Employees is advising on drafting a Decree on quality control of entry for officials and public employees (currently gathering opinions from members of the Government of Vietnam) to centralize quality control nationwide, ensuring that when recruiting officials into the state administration, it ensures consistency, particularly in ensuring the quality of officials and public employees.

Affirming that during the 12th and 13th Party Congress terms, the Party's regulations on officials and public employees have been very comprehensive, Deputy Minister of Home Affairs Nguyen Duy Thang emphasized the Ministry of Home Affairs' task of reporting to competent authorities for institutionalizing these regulations to ensure consistency and interconnection, including encouraging and protecting those who dare to speak, think, act, and take responsibility for the common good; and continuing to perfect the institutional framework on officials and public employees, appointment, and recruitment.

"It can be said that the Party's regulations and the Government of Vietnam's regulations (Decree 138/2020/ND-CP on recruiting, using, and managing officials) are highly regarded by public opinion, with a very strict general spirit," Deputy Minister Nguyen Duy Thang affirmed.

However, the appointment process to a new position, where the appointed person has not yet performed the duties, still depends on their political qualities, abilities, qualifications, and ongoing self-improvement while performing political tasks and public duties.

The process of perfecting the institutional framework is a continuous, ongoing process, and the issue is how to institutionalize the Party's regulations to ensure consistency and synchronization within the political system. The Ministry of Home Affairs notes, continues to research, perfect, and promptly institutionalize the Party's regulations./.

According to the Web Portal of the Government of Vietnam

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