The Ministry of Home Affairs has completed and sent its opinions on the draft Submission and draft Law on Cadres and Civil Servants (amended). The bill is expected to be submitted to the National Assembly at the upcoming 9th session.
The draft Law on Cadres and Civil Servants (amended) has amended regulations related to cadres and civil servants when organizing local government at 2 levels (provincial and grassroots levels).
Accordingly, the draft law amends the concept of cadres and civil servants in Article 1. Specifically, do not continue to regulate the concept of commune-level cadres and civil servants; at the same time, regulate cadres and civil servants unified from the Central, provincial and grassroots levels.
The draft Law amended also abandoned Chapter V on commune -level cadres and civil servants in the Law on Cadres and Civil servants. Accordingly, the draft law agreed to manage the contingent of cadres and civil servants from the central to local levels, regardless of the commune -level cadres and civil servants from central and provincial cadres and civil servants, ensuring the implementation of the Party's guidelines on cadres.
The Draft Law also reviews the regulations on competence to ensure that the two -level local government organization model is not continued to continue the authority of the district -level People's Committee and the president of the district -level People's Committee in the Draft Law.
Supplement transitional provisions to unify the management of the team of cadres and civil servants at the commune level (currently in place) 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 (Article 46).
According to Article 46 of the Draft 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) from the effective date of this Law on the payroll of the province or city directly under the Central Government; are arranged with salary according to the rank and rank corresponding to the assigned job position if it meets the criteria and conditions as required by the job position; carry out the recruitment, use and management according to the Government's regulations on recruitment, use and management of civil servants.
In case the standards and conditions required by the job position are not met, the competent authority will consider and decide to streamline according to the provisions of law at the time of streamlining.
The Government will develop a roadmap and issue regulations on gradual conversion of management of civil servants according to job positions within 5 years from the effective date of this Law.
During the 5-year period, 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.
