The Ministry of Home Affairs has just completed and sent opinions to domestic and foreign agencies, organizations and individuals on the draft Submission and draft Law on Cadres and Civil Servants (amended). The draft Law is expected to be submitted to the National Assembly at the 9th Session.
According to the draft Submission of the Ministry of Home Affairs, the draft Law is developed according to Conclusion 130-KL/TW of the Politburo and the Secretariat on the implementation of research and proposals to continue to reorganize the apparatus of the political system and the policy of reorganizing and reorganizing administrative units at all levels and building a model of organizing local government at 2 levels (provincial and grassroots levels, no district-level organizations).
One of the major contents of the draft Law is to amend regulations related to cadres and civil servants when organizing local governments at two levels (provincial and grassroots levels).
Notably, the Ministry of Home Affairs proposed to amend the concept of cadres and civil servants (Article 1), thereby not continuing to regulate the concept of commune-level cadres and civil servants; at the same time, regulating cadres and civil servants to be unified from the Central, provincial and grassroots levels.
Cadres: are Vietnamese citizens, elected, approved, appointed or appointed to hold positions and titles according to their terms in agencies of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front, central socio-political organizations, in provinces and centrally run cities (hereinafter referred to as provincial level), in communes, wards, special zones under provinces (hereinafter referred to as grassroots level), in the payroll and receiving salaries from the state budget.
Civil servants: are Vietnamese citizens, recruited according to job positions in agencies of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front, socio-political organizations at the central, provincial, and grassroots levels, within the payroll and receiving salaries from the state budget.
The Ministry of Home Affairs also proposed to remove Chapter V on commune-level cadres and civil servants in the current Law on Cadres and Civil Servants.
Accordingly, the draft Law unifies the management of cadres and civil servants from the central to local levels, without distinguishing between cadres and civil servants at the commune level and cadres and civil servants at the central and provincial levels, ensuring the correct implementation of the Party's policy on communication in cadre work.
Review regulations on authority to ensure consistency with the model of organizing local government at 2 levels, thereby not continuing to stipulate the authority of district-level People's Committees and district-level People's Committee Chairmen in the draft Law.
The draft Law also adds transitional provisions to unify the management of the team of cadres and civil servants at the commune level (currently in effect) with the team of cadres and civil servants in the political system, ensuring continuity in cadre work so as not to affect the normal service of people and businesses immediately when implementing the 2-level local government model.
The draft Law stipulates commune-level cadres and civil servants according to the provisions of the Law on Cadres and Civil Servants 2008 (amended and supplemented in the Law amending and supplementing a number of articles of the Law on Cadres and Civil Servants and the Law on Public Employees 2019) from the effective date of this Law under the payroll of the province or centrally-run city.
