Changing perceptions of "lifetime civil servants" and "lifetime public servants"
Members of the National Assembly Standing Committee said that the draft Law has many innovations to contribute to institutionalizing the Party's new guidelines and policies, meeting the country's development requirements in the coming period in the direction of building a team of professional civil servants, implementing a flexible recruitment regime; at the same time, expanding the rights of civil servants, heads of public service units, and civil servant management; promoting the responsibility of heads and civil servants in activities.
According to National Assembly Chairman Tran Thanh Man, the draft Law marks an important step forward in modernizing public human resource management in Vietnam, inheriting the spirit of the 2010 Law; amending and supplementing the 2019 Law, moving towards a model with civil servants as the center. The National Assembly Chairman also said that in the context of our country promoting national digital transformation and international integration, the draft Law not only overcomes old shortcomings but also opens up creative space for public service units in attracting and using human resources.
One of the new points of the draft Law is the content of perfecting the mechanism for attracting high-quality human resources, regulating the forms of attraction including: accepting civil servants and signing contracts for experts, scientists, experienced and highly qualified people, including Vietnamese people living abroad.
The Draft Law also expands the rights of civil servants to sign contracts to carry out professional activities, participate in capital contributions, and manage enterprises if anti-corruption laws do not prohibit them or specialized laws do not have other provisions, in line with specialized laws on science, technology, education and training.
Agreeing with the above content, Chairman of the Committee for Science, Technology and Environment Le Quang Huy also realized that the scope of research results is still narrow compared to the Law on Science, Technology and Innovation. The draft Law is limited to "research results created by oneself", while in reality, research results are not only created by civil servants but sometimes also by organizations. Therefore, it is recommended to review this content to ensure consistency.
Chairman of the Economic and Financial Committee Phan Van Mai also proposed to review and supplement the provisions in Article 10 of the draft Law on things that civil servants are not allowed to do and the terms of contracts in the direction that civil servants have the right to sign work contracts outside of their official civil servant work, but must not take advantage of them to affect their official civil servant work.
In addition, the Chairman of the Economic and Financial Committee emphasized that the issue of contracts with civil servants is very important, so it is necessary to study to change perceptions, shifting from the perception of "lifetime civil servants" or "lifetime civil servants" to civil servant contracts based on work and time.
Creating a legal basis for the development of public service units
Regarding the policy of developing public service units in Article 5 of the draft Law, many opinions in the Committee on Law and Justice agreed with the reason: Article 9 of the current Law also stipulates public service units and the organizational structure for managing the activities of public service units. This is the basis for the Government to issue a decree on the organization and operation of public service units. If the organization of public service units is not stipulated in the draft Law, there is no basis for the Government to make specific regulations, while the General Law regulating public service units has not been developed, which will create a legal gap to regulate this issue.
Agreeing with the argument of the Committee on Law and Justice, the Chairman of the Committee on Science, Technology and Environment said that it is very necessary to stipulate Article 5 on the policy for developing public service units; at the same time, he proposed that the Drafting Committee further study policy viewpoints related to the development of public service units in the direction of: focusing on maintaining public service units providing basic and essential services; other areas can be studied and gradually converted to other forms such as enterprises, professional social organizations or socializing public services in the direction of streamlining, effectiveness and efficiency.
Therefore, it is necessary to periodically review policies for public service units; any unit that operates ineffectively, whose output products do not meet requirements or whose functions overlap... can be merged, converted or even dissolved.
With the above viewpoint, Article 20 of the draft Law on labor contracts for civil servants should stipulate both types of labor contracts: indefinite-term contracts and fixed-term contracts, because this is the basis for screening and considering contract termination for civil servants who do not meet job requirements after a period of evaluating the performance of functions, tasks, and output results.
In addition, the draft Law clarifies the outstanding policy to develop human resources for public service units; focuses on training, fostering, attracting and promoting high-quality talents; along with that, there should be regulations to create favorable conditions and incentives, and at the same time, there should be mechanisms to bind responsibilities to avoid policy abuse.
Source: https://daibieunhandan.vn/du-thao-luat-vien-chuc-sua-doi-hien-dai-hoa-quan-ly-nguon-nhan-luc-cong-vu-10388423.html
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