Hanoi-Vietnam: Distinguishing between officials and public employees

16:59, 11/07/2024

After receiving numerous feedback comments from readers regarding the distinctions between a public employee and an official, the reporter had a discussion with Mr. Ngo Duc Tuan, Head of the Training Department at the University of Law, and Mr. Nguyen Van Thach, lecturer in the Administrative Faculty at the University of Law in Vietnam to clarify this matter.

Previously, Vietnam did not distinguish between officials and public employees but combined them all into one group called "cán bộ công chức viên chức/official and public employee". The concept of officials and public employees was mentioned and given attention in 1991. However, until 1998, Vietnam had the Ordinance on Officials and Public Employees, and in 2008, the Law on Officials was passed and took effect from January 1, 2010; currently, the draft Law on Public Employees is in the process of seeking comments for adoption.

Currently, officials and public employees in Vietnam are differentiated as follows:

Officials (detailed in Decree 06/2010/ND-CP):

BRecruited and appointed to ranks, positions, and titles within the payroll to hold a regular official duty, or a regular duty in state administrative agencies at the provincial and district levels; In agencies, units of the People's Army (who are not officers, non-commissioned officers, professional soldiers such as computer specialists, accountants...); In agencies, units of the People's Public Security (who are not professional officers, non-commissioned officers); In agencies of the Communist Party of Vietnam; Office of the President, Office of the National Assembly, State Audit; In ministries and ministerial-level agencies; Courts at all levels (Deputy Chief Justice of the Supreme People's Court; Chief Justices, Deputy Chief Justices of specialized courts, judges); People's Procuracy; socio-political organizations (Vietnam Fatherland Front, Vietnam General Confederation of Labor, Vietnam Farmers' Union, Youth Union...); In the leadership and management apparatus of public service providers...

Public Employees (according to the Law on Public Employees 2010):

Recruited under a working contract, appointed to a professional title, managerial position (except for positions defined as officials). Public employees are individuals who perform tasks or duties requiring professional expertise, skills in public service providers in fields such as education, training, health care, science, technology, culture, sports, tourism, labor-war invalids, and social affairs, information-communication, natural resources, and environment, services... such as doctors, teachers, university lecturers...

Officials	Public Employees
- Exercise state power, and perform management duties.	- Perform social functions, and directly perform professional tasks.
- Recruitment form: examination, appointment, and decision by competent state agencies within the payroll.	- Recruitment form: Admission, conclusion of working contract
- Salary: funded from the state budget according to step and grade.	- Salary: partly funded from the state budget, the rest from service provision revenue.
- Workplace: state agencies, socio-political organizations (City Union, City CPV Committee).	- Workplace: public service providers and public service providers of social organizations.

According to Labor Newspaper

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- The legal regulations in this article are according to Vietnamese Law;
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