Rights and obligations of cadres and civil servants in Vietnam 2023

Rights and obligations of cadres and civil servants in Vietnam 2023 (Internet image)

1. Obligations of cadres and civil servants in Vietnam 2023

1.1. Obligations of cadres and civil servants towards the Party, State and people in Vietnam

In Article 8 of the Law on Cadres and Civil servants 2008, the obligations of cadres and civil servants towards the Party, State and people include:

- 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.

1.2.  Obligations of cadres and civil servants in performing public duties in Vietnam

In Article 9 of the Law on Cadres and Civil servants 2008, the obligations of cadres and civil servants in performing public duties are as follows:

- 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.

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

In Article 10 of the Law on Cadres and Civil servants 2008, the obligations of cadres and civil servants in the capacity as heads are as follows:

In addition to complying with Articles 8 and 9 of this Law, 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.

2. Rights of cadres and civil servants in Vietnam 2023

Article 11 of the Law on Cadres and Civil servants 2008 stipulates the right of cadres and civil servants to be provided with conditions to assure public-duty performance as follows

- To be assigned powers corresponding with tasks.

- To be provided with working equipment and other working conditions according to law.

- To be supplied with information concerning their assigned tasks and powers.

- To be trained and retrained in order to raise their political, specialized and professional qualifications.

- To be protected by law when performing public duties.

3. Rights of cadres and civil servants to salaries and salary-related regimes in Vietnam 2023

Article 12 of the Law on Cadres and Civil servants 2008 stipulates the rights of cadres and civil servants to salaries and salary-related regimes as follows:

- To be paid by the State salaries matching with assigned tasks and powers and suitable to national socio-economic conditions.

Cadres and civil servants working in mountainous, border, islands, deep-lying, remote and ethnic minority areas and areas with especially difficult socio-economic conditions or in hazardous and dangerous sectors and occupations are entitled to allowances and incentive policies according to law.

- To enjoy overtime and night-work pays, working trip allowances and other benefits according to law.

4. Rights of cadres and civil servants to rest in Vietnam 2023

Article 13 of the Law on Cadres and Civil servants 2008 stipulates the rights of cadres and civil servants to rest as follows:

Cadres and civil servants are entitled to annual leaves, holidays and leaves to deal with personal affairs according to the labor law. If, due to task requirements, cadres and civil servants do not use or have not used up annual days off, in addition to salaries, they may be paid a sum equal to salaries for days on which they still work.

5. Other rights of cadres and civil servants in Vietnam 2023

Article 14 of the Law on Cadres and Civil servants 2008 stipulates the other rights of cadres and civil servants as follows:

Cadres and civil servants are assured the rights to learn, do scientific research, participate in economic and social activities; are entitled to incentive policies concerning housing, vehicles, and social and health insurance regimes according to law; if getting injured or dying while performing public duties, they shall be considered for enjoying entitlements and policies applicable to invalids or being recognized as fallen heroes and other rights according to law.

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