The Ministry of Justice is reviewing the proposal to draft a revised Law on Cadres and Civil Servants. This draft law was proposed by the Ministry of Home Affairs.
In the draft proposal for law making, the Ministry of Home Affairs proposed a policy to unify the civil service from the central to local levels.
The goal of this policy is to achieve connectivity, equality, and consistency between the team of communal-level cadres and civil servants with the team of cadres and civil servants in the political system, ensuring a unified civil service from the central to provincial, district, and communal levels.
Accordingly, research and remove regulations on commune-level cadres and civil servants and related regulations in the current Law on Cadres and Civil Servants.
Research, review, and supplement job positions, policies (recruitment, use, evaluation, planning, training, fostering, salary scales...) for staff and civil servants working in commune-level administrative units.
Regarding policy implementation solutions, the Ministry of Home Affairs said that the agency proposed assessing the impact of 3 solutions and proposed choosing solution 1.
In solution 1, it is proposed to remove regulations on commune-level cadres and civil servants. Unify a mechanism for recruitment, use, management, and policies for cadres and civil servants.
The agency proposes to study, amend and supplement the principles for determining job positions in agencies and organizations of communes, wards and towns.
Determining each job position, each position, title of cadre or civil servant working in a commune, ward or town must be based on the list of job positions (associated with positions and titles) of the commune, ward or town and the workload, scope of management, level of complexity in the area...
Establish the number of staff required to recommend candidates, elect or recruit suitable for job positions according to regulations.
At the same time, supplement the provisions in the transitional provisions for the current staff and civil servants working in communes, wards and towns who have been recruited according to the provisions of law but still lack standards or standards that have not met the prescribed level.
Choosing this solution is the optimal option, ensuring compliance with the policy of "connecting communal-level cadres and civil servants with cadres and civil servants in general" as required by central resolutions.
At the same time, thoroughly resolve the problems of staff assignment and transfer between commune-level administrative units for commune-level cadres and civil servants; create a unified civil service in the national administration.
In the impact assessment report, the Ministry of Home Affairs said that the current Law on Cadres and Civil Servants has a separate chapter regulating cadres and civil servants working in communes, wards and towns with some different contents in management work between cadres and civil servants at the commune level and cadres and civil servants at the district and provincial levels.
There are still regulations that accepting commune-level cadres and civil servants to work in agencies from the district level and above must meet the standards and conditions (especially 5 years of experience) and pass the examination and assessment council before being accepted into civil service from the district level and above.
In addition, officials and civil servants from the district level who are transferred or assigned to work at agencies under party organizations or commune-level authorities, when returning to district-level agencies, must still consider the standards and conditions when receiving them.
