Ha Tinh Provincial People's Committee has just issued Decision No. 2601/QD-UBND on abolishing the entire Decision No. 55/2021/QD-UBND dated December 31, 2021, regulating the management of organizational structure, staff, cadres, civil servants, public employees and state-owned enterprise managers under the Provincial People's Committee.
Previously, as Lao Dong Newspaper reported, Decision 55/2021 of Ha Tinh Provincial People's Committee was reflected to have content contrary to the Law on Civil Servants and guiding documents for implementation.
Accordingly, this decision allows the People's Committees of provinces, districts and some management agencies to have the right to "move and rotate" public employees - a concept that does not exist in the Law on Public Employees.
The Ha Tinh Provincial People's Committee's abolition of Decision 55/2021/QD-UBND after being reflected that it contained content contrary to the Law on Civil Servants is a necessary move to ensure the consistency of the legal system.
To have this decision, we cannot fail to mention the important role of social criticism, the press and the people's persistent petitions.
But what public opinion is concerned about is that after abolishing a document with content reflected against the law, what will be the responsibility of the organizations and individuals who advised, appraised and issued the document?
Because Decision 55/2021 of Ha Tinh Provincial People's Committee is a legal normative decision applied in practice, directly affecting the rights of many civil servants, especially teachers.
Specifically, this Decision allows management agencies to have the right to "transfer and rotate" public employees. Meanwhile, the Law on Public Employees does not stipulate this concept but only has the form of "transfer of work" with specific principles and legal conditions.
In the field of law, just one different phrase can lead to very large differences in management authority and the rights of the affected person.
If it is called "transfer", the management agency can be understood in the direction of imposing administrative decisions. "Transfer" according to the Law on Civil Servants must ensure the conditions, procedures and consensus according to legal regulations.
The consequence of this Decision in reality is that many teachers in Ha Tinh have been transferred to new places of work even though they do not wish to, some people have to travel dozens of kilometers each day, leading to pressure on costs, time, family life and professional psychology.
Therefore, the decision of Ha Tinh Provincial People's Committee to abolish the entire Decision No. 55/2021/QD-UBND dated December 31, 2021 is necessary and timely, showing listening.
But this abolition must be accompanied by reviewing the decisions that have been issued based on old documents, considering affected cases to have appropriate and satisfactory handling directions.
At the same time, it is also necessary to clarify responsibilities in the process of advising and issuing documents to have a serious view of responsibility in order to draw experience, improve the quality of law-making and avoid repeating similar consequences.
Clearly handling responsibilities after documents with content reflected against the law is also a way to strengthen people's trust in the strictness and discipline of the state management apparatus.
