This is the content that attracts much attention in the draft Law on Cadres and Civil Servants (amended) being consulted by the Ministry of Home Affairs.
Accordingly, regarding the transitional provisions, the draft Law on Cadres and Civil Servants (amended) clearly states that commune-level cadres and civil servants according to the provisions of the Law on Cadres and Civil Servants 2008 (amended and supplemented in the Law amending and supplementing a number of articles of the Law on Cadres and Civil Servants and the Law on Public Employees 2019) from the effective date of this Law will be under the payroll of provinces and centrally run cities;
Salary is arranged according to the rank and level corresponding to the assigned job position if it meets the standards and conditions according to the requirements of the job position;
Implement the recruitment, use and management according to Government regulations on recruitment, use and management of civil servants.
However, in case the standards and conditions required by the job position are not met, the competent authority will consider and decide to streamline commune-level civil servants according to the provisions of law at the time of streamlining.
The draft Law also clearly states that the Government will develop a roadmap and issue regulations on gradual conversion of management of civil servants according to job positions within 05 years from the effective date of this Law.
During the 05 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.
One of the major contents of the draft Law is to amend regulations related to cadres and civil servants when organizing local governments at two levels (provincial and grassroots levels).
Notably, the Ministry of Home Affairs proposed to amend the concept of cadres and civil servants (Article 1), thereby not continuing to regulate the concept of commune-level cadres and civil servants; at the same time, regulating cadres and civil servants to be unified from the Central, provincial and grassroots levels.
The Ministry of Home Affairs said that the draft Law is developed according to Conclusion 130-KL/TW of the Politburo and the Secretariat on implementing research and proposing to continue to reorganize the apparatus of the political system and the policy of reorganizing and reorganizing administrative units at all levels and building a model of organizing local government at 2 levels (provincial and grassroots levels, non-district-level organizations).
The draft Law accordingly unifies the management of cadres and civil servants from the central to local levels, without distinguishing between cadres and civil servants at the commune level and cadres and civil servants at the central and provincial levels, ensuring the correct implementation of the Party's policy on connectivity in cadre work.