Vietnam Proposes Major Reforms To Civil Service Law

The Ministry of Home Affairs in Vietnam is currently seeking public opinions on the draft Law on Cadres and Civil Servants (amended), which is set to be submitted to the National Assembly during its 9th session. This proposed legislation aims to unify the management of commune-level cadres and civil servants with those at higher levels within the political system.

One of the key features of the draft Law is the provision for a transitional clause that seeks to ensure a seamless integration of current commune-level civil servants into the broader civil service framework. This move is designed to maintain continuity in public service operations, ensuring that citizens and businesses receive uninterrupted services as the new two-tier local government model—consisting of provincial and grassroots levels—comes into effect, eliminating the district level.

Specifically, Article 46 of the draft states: "Commune-level cadres and civil servants, as stipulated by the Law on Cadres and Civil Servants of 2008 (as amended in 2019), shall be classified into the payroll of the provincial or centrally governed city from the date this Law takes effect." This means that once the amended Law is enacted, commune-level officials will be classified and compensated according to their job positions, provided they meet the necessary qualifications.

The Ministry of Home Affairs has also proposed that the Government develop a roadmap to gradually adjust the management of civil servants based on job positions over a five-year period following the Law's implementation. During this transition, existing regulations regarding recruitment, management, and utilization of civil servants will continue to apply.

Another significant aspect of the draft Law is its focus on talent attraction within the civil service. The Ministry aims to refine the regulations that govern the recruitment of skilled individuals into public service roles. This initiative is aligned with the Party's commitment to fostering talent within the civil service, thereby creating a robust legal framework for the Government and various sectors to implement these policies effectively.

To achieve this, the draft Law proposes a mechanism that combines public and private sector resources to attract a wide range of professionals, including experts, managers, and young scientists from the private sector. The intention is to harness their expertise and innovative ideas to enhance the effectiveness of public administration.

Furthermore, the draft Law outlines specific strategies to attract Vietnamese citizens living abroad and foreign professionals with high qualifications. The goal is to establish a network of experts and scientists, both domestically and internationally, to leverage their knowledge and experiences in improving the civil service system.

In addition, the draft Law empowers the Government to devise special mechanisms and policies tailored to the unique development needs of various sectors and localities. This decentralization aims to create exceptional incentives for attracting talented individuals into public service roles.

The Ministry of Home Affairs highlighted that the existing Law on Cadres and Civil Servants has distinct management mechanisms for civil servants at the district level and those at the commune level. While there are provisions for interconnection between these groups, the process has been complicated by numerous administrative procedures.

Consequently, the draft Law has amended regulations concerning civil servants in the context of the new two-tier local government structure. For instance, the definition of civil servants has been revised to encompass Vietnamese citizens who are elected, approved, appointed, or designated to hold positions within the Communist Party of Vietnam, the State, the Vietnam Fatherland Front, and other political-social organizations at both the central and local levels.

As a result, the draft Law no longer maintains separate definitions for commune-level civil servants, instead proposing a unified management approach for civil servants across all levels, ensuring compliance with the Party's directive for cohesive personnel management.

Additionally, the draft Law delineates categories of civil servants based on their respective agencies, the scope of their work, and their job positions. This classification aims to enhance the transparency and effectiveness of recruitment processes, ensuring that selections are made based on merit and qualifications.

Dr. Nguyen Thanh Nga, a lecturer at the Academy of Journalism and Communication, commented on the draft Law, stating that the unification of civil servant management from central to local levels is a practical and necessary step. He emphasized that this regulation could serve as a foundation for streamlining the organizational structure of the Party and the State.

As the Ministry moves forward with the draft Law, the focus remains on creating a civil service that is not only efficient but also capable of meeting the evolving needs of Vietnamese society. The proposed changes reflect a commitment to modernizing the public sector and ensuring that it is staffed by qualified individuals who can contribute to the nation's development.