Proposal for civil servants to sign contracts working outside public units

PHẠM ĐÔNG |

The draft law proposes that civil servants have the right to sign work contracts at many non-public units.

This is the content stated in the review report of the National Assembly's Committee on Law and Justice on the draft Law on Civil Servants (amended) on the morning of October 22.

Chairman of the Law and Justice Committee Hoang Thanh Tung said that many opinions in the Law and Justice Committee (UBPLTP) agreed with the regulation on policies for developing public service units.

This content is inherited from the current Law on Civil Servants and is the basis for the Government to issue a decree on the organization and operation of public service units.

According to the Chairman of the People's Committee of the World Bank, if this content is not stipulated in the law, there is no basis for the Government to specify, while a general law on public service units has not been developed, it will create a legal gap on this issue.

Regarding the innovation of the mechanism for recruiting, using and managing civil servants according to job positions, the People's Committee basically agrees with the conversion of the method of managing civil servants according to job positions to suit the current trend of public sector reform.

This meets the requirement of "strengthening the innovation of recruitment, assessment, planning, training, fostering, arranging and using cadres, civil servants and public employees in the political system" in Conclusion No. 121-KL/TW, contributing to creating a legal basis for implementing the payment of civil servant salaries according to job positions.

This regulation also ensures consistency and unity with the method of managing cadres and civil servants stipulated in the Law on Cadres and Civil Servants.

The Government is requested to pay attention to directing the process of building a list of job positions to ensure truly scientific and quality.

Phien hop sang 22.10 cua Ky hop thu 10, Quoc hoi khoa XV. Anh: Pham Dong
Morning session of the 10th Session of the 15th National Assembly. Photo: Pham Dong

The People's Committee of Vietnam agrees with the regulation on civil servants being able to sign labor contracts or service contracts with other agencies, organizations and units without violating the agreement in the work contract and the law does not prohibit them to take advantage of the capacity and professional experience in professional activities of civil servants to contribute to society, increasing legitimate income for civil servants.

At the same time, it agrees with the regulation that civil servants working at public science and technology service units and public higher education institutions have the right to work at enterprises established or participated in by the service unit where they work to commercialize research results created by them or those organizations according to the agreement in the work contract.

This regulation aims to institutionalize the spirit of Resolution No. 57-NQ/TW of the Politburo, ensuring consistency and unity with the provisions of the Law on Science, Technology and Innovation, the Law on Teachers.

The People's Committee basically agrees with the regulations on the authority to recruit civil servants; at the same time, it is found that this regulation ensures consistency with the provisions of the Law on Organization of Local Government and is consistent with the policy of promoting decentralization and delegation of power that has been implemented in the political system in recent times.

According to Mr. Hoang Thanh Tung, this regulation also contributes to promoting the autonomy and creativity of public service units, improving the effectiveness and efficiency of the unit's operations.

Regarding working contracts for civil servants, the People's Committee recommends that the drafting agency review the specific regulations of working contracts for civil servants, especially the content other than the Labor Code to stipulate them immediately in the draft law, as a basis for the Government to specify in detail.

Supplementing a provision on the principle of unilateral termination of work contracts, because this provision directly affects the working rights of citizens according to the provisions of the Constitution, it is necessary to specify in the law.

PHẠM ĐÔNG
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