The Ministry of Home Affairs is seeking opinions on the proposal to draft a revised Law on Cadres and Civil Servants.
According to the Ministry of Home Affairs, after 5 years of amendment, in addition to the achieved results, this law has revealed certain limitations and needs to continue to be improved to meet the requirements of the new situation.
In particular, some new policies of the Party on personnel work need to continue to be institutionalized and ensured by legal regulations, such as: Mechanisms and policies to attract and promote talents; mechanisms to encourage and protect dynamic, creative cadres who dare to think, dare to do, dare to take responsibility for the common good; mechanisms to screen and replace irresponsible cadres, civil servants, and public employees with limited capacity and low prestige.
In addition, the Ministry of Home Affairs also pointed out that some provisions of the law are not consistent with the Party's regulations, such as the authority to manage cadres and civil servants in introducing candidates, re-election, dismissal from office, control of power, etc. Or regarding disciplinary action against cadres and civil servants, the current law does not have regulations on aggravating and mitigating circumstances corresponding to the Party's regulations.
The Ministry of Home Affairs cited that, according to Regulation No. 80 of the Politburo: Disciplined officials will not be assigned, appointed, or recommended for candidacy to a position higher than the position they were disciplined for within 12 months for the disciplinary form of reprimand; 30 months for the disciplinary form of warning and 60 months for the disciplinary form of dismissal (calculated from the date of signing the disciplinary decision).
However, the Law on Cadres and Civil Servants currently stipulates: Cadres and civil servants who are disciplined by reprimand, warning or salary reduction shall not be promoted, planned, trained or appointed to a higher position within 12 months; those who are disciplined by demotion or dismissal shall not be promoted, planned, trained or appointed to a higher position within 24 months from the effective date of the disciplinary decision.
In addition, the agency submitting the amendment also stated that in practice, many new issues have arisen that are not yet regulated by law, such as: Specific regulations on public ethics; behavioral manifestations and sanctions for officials and civil servants who violate regulations on public ethics; policies on job placement for leaders and managers after being disciplined.
The Ministry of Home Affairs emphasized that cadres and cadre work are "very important" issues, deciding everything. Cadres are the root of all work and the deciding factor in the success or failure of the revolution.
Currently, our Party and State are carrying out a revolution in streamlining the apparatus, associated with restructuring and improving the quality of the contingent of cadres, civil servants and public employees with sufficient qualities and capacity to bring the country into a new era, an era of national growth.
