Prohibitions on cadres and civil servants in Vietnam

Prohibitions on cadres and civil servants in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Prohibitions on cadres and civil servants in Vietnam

1.1 Prohibitions related to civil service ethics on cadres and civil servants

According to Article 18 of the Law on Cadres and Civil Service 2008, cadres and civil servants are not allowed to work related to public service ethics such as:

- 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.

1.2 Prohibitions related to state secrets on cadres and civil servants

Cadres and civil servants are not allowed to work related to state secrets according to Article 19 of the Law on Cadres and Civil Service 2008 such as:

- 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.

1.3 Other prohibitions on cadres and civil servants

In addition to the prohibitions specified in Articles 18 and 19 of the Law on Cadres and Civil Service 2008. 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 Service 2008)

2. Obligations of cadres and civil servants in Vietnam

2.1 Obligations of cadres and civil servants towards the Party, State and people

- To be loyal to the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam; to safeguard the national honor and interests.

- To respect the people and devotedly serve the people.

- To keep close contact with the people, listen to the people’s opinions and submit to the people’s supervision.

- To strictly observe the Party’s line and policies and the State’s laws.

(Article 8 of the Law on Cadres and Civil Service 2008)

2.2 Obligations of cadres and civil servants in performing public duties

- To duly and fully perform tasks and exercise powers as assigned and take responsibility for their performance.

- To have a sense of organizational discipline; to strictly abide by internal rules and regulations of agencies, organizations or units; to report to competent persons when detecting illegal acts in agencies, organizations and units; to protect state secrets.

- To proactively and closely collaborate with one another in performing public duties; to preserve unity in agencies, organizations and units.

- To efficiently and economically protect, manage and use slate assets assigned to them.

- To implement decisions of their superiors,

When having grounds to believe that such decision is illegal, to immediately report in writing to its issuer; the issuer who upholds his/her decision shall issue a document to this effect while the implementer shall implement the decision but is not held responsible for implementation consequences, and shall report to the immediately higher authority of the decision issuer.

The person who issues a decision shall take responsibility before law for his/her decision.

- To have other obligations as prescribed by law.

(Article 9 of the Law on Cadres and Civil Service 2008)

2.3. Obligations of cadres and civil servants in the capacity as heads in Vietnam

In addition to complying with Articles 8 and 9 of the Law on Cadres and Civil Service 2008, cadres and civil servants who arc heads of agencies, organizations or units shall perform the following obligations:

- To direct the performance of assigned tasks and take responsibility for their agencies’, organizations’ or units’ operation results;

- To examine, urge and guide the public-duty performance of cadres and civil servants;

- To organize the implementation of measures to prevent and combat bureaucracy and corruption, to practice thrift and combat wastefulness, and to take responsibility for bureaucratic, corrupt and wasteful acts in their agencies, organizations or units;

- To organize the implementation of legal provisions on grassroots democracy and public-office culture in their agencies, organizations and units: to promptly and strictly handle cadres and civil servants under their management who commit breaches of discipline and illegal acts, show bureaucratic and authoritarian altitudes to and harass citizens;

- To promptly and lawfully settle complaints, denunciations and proposals of individuals and organizations according to their competence or refer them to competent agencies for settlement;

- To perform other obligations as prescribed by law.

(Article 10 of the Law on Cadres and Civil Service 2008)

Nguyen Ngoc Que Anh

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