The Ministry of Home Affairs has just completed the draft Law on Cadres and Civil Servants (amended), which has a notable content of amending regulations related to cadres and civil servants when organizing local government at 2 levels (provincial and commune levels).
To comply with the organization of local government at two levels, the draft Law also amends the concept of cadres and civil servants, including stipulating cadres and civil servants at the central, provincial and commune levels (eliminating district level); at the same time, removing a chapter on commune-level cadres and civil servants in the current Law on Cadres and Civil Servants.
The draft Law unifies the management of cadres and civil servants from the central to commune levels, without distinguishing between commune-level civil servants and provincial-level civil servants, ensuring compliance with the Party's policy on communication in cadre work;
At the same time, review the regulations on competence to manage cadres and civil servants in the Draft Law to suit the model of organizing the local government 2 levels (abandoning the regulations of the district -level People's Committee, the Chairman of the district People's Committee).
Regarding the provisions of the transition, the draft Law on cadres and civil servants (amended) stipulates: From the effective date of this Law, commune -level officials and public employees in accordance with the Law on Cadres and Civil servants in 2008 (amended and supplemented in the Law Amending and Supplementing a number of articles of the Law on Cadres, Civil Servants and the Law on Public Officials in 2019) are kept the number of payrolls and streamlining the location of the location;
At the same time, they are allowed to retain their current salary until a new job is arranged according to Government regulations.
Within 5 years, provinces and centrally run cities must arrange, streamline and restructure their teams according to the approved job position plan.
The Government will develop a roadmap and issue regulations on gradual management conversion according to job positions within 5 years from the effective date of this Law. Within 5 years, the management of the team and the contents of recruitment, management and use of civil servants will continue to be implemented according to Government regulations.
Also according to this draft, the Ministry of Home Affairs proposes to consider streamlining commune-level cadres and civil servants who do not meet the standards and conditions for job positions.
Accordingly, in case the standards and conditions required by the job position are not met, the competent authority shall consider and decide to streamline commune-level civil servants according to the provisions of law at the time of streamlining.
Statistics from the Ministry of Home Affairs show that as of December 31, 2024, the number of commune-level cadres and civil servants was over 212,600 people, of which 92.4% had graduated from university or higher and 7.6% had graduated from college or higher.
Accordingly, the number of commune-level cadres and civil servants who do not meet the standards only accounts for a small proportion, and will be resolved according to the policy of ensuring legitimate benefits according to the Government's regulations.
