Brian Jeffrey
Overview of the Draft Revised Law on Cadres and Civil Servants
On May 7, during the National Assembly session, a draft amendment to the Law on Cadres and Civil Servants was introduced.
Minister of Home Affairs, Pham Thi Thanh Tra, highlighted that a key change is the enhancement of regulations aimed at establishing a seamless public service system that connects all levels of governance, from the central government to local communes.
Key Features of the Draft Law
The proposed law includes provisions allowing commune-level officials hired before the law’s enactment to transition to local administrative roles, provided they meet the established criteria.
It also shifts to a management system that focuses on job roles, mandating assessments and placements to align with specific job requirements and individual performance metrics.
Furthermore, the previous promotional examination system will be eliminated; instead, appointments will correlate with the assigned job positions.
In terms of recruitment, the draft ensures candidates fulfill the necessary job criteria from the outset. Successful recruits will be assigned positions and remuneration corresponding to their civil service rank without undergoing a probationary phase.
Flexible Recruitment Strategies
Recruiting agencies will have the flexibility to employ traditional exams, merit-based selections, or directly hire skilled professionals from various sectors, including private enterprises and state-owned organizations.
Agencies can also opt for fixed-term contracts with specialized individuals for particular civil service roles based on their qualifications.
Promoting Decentralization
To foster decentralization, the revised law removes the mandatory national quality assessments for civil servants, focusing on performance and specific output rather than conventional or subjective measures.
The draft aims to eliminate the idea of “lifetime tenure,” introducing processes for screening and dismissing underperformers, while detailing the responsibilities of leaders in workforce management.
Committee’s Support and Insights
The National Assembly’s Law and Justice Committee expressed backing for the broad amendments to the law, recognizing the need for structural changes at the local governance level.
They emphasized the importance of integrating commune officials with provincial counterparts, noting the urgency of reforming the administrative structure.
Management Principles and Recommendations
The draft emphasizes the principle of aligning job title standards, requirements, and staffing quotas. While the committee largely supported this, some experts advocated for bolder reforms in how public service personnel are recruited and evaluated.
They proposed adjustments to facilitate salary structures based on job roles, aligning with the principles outlined in the 2018 Resolution No. 27 regarding pay reforms for public employees.
Defining Talent and Performance Evaluation
There were suggestions to refine criteria to define “talented individuals” within public service, considering aspects like academic performance and contributions to their fields for uniformity across different sectors.
The committee expressed general agreement with the draft’s evaluation provisions and recommended incorporating asset and income declarations as part of the performance criteria for officials and their respective entities.
Consequently, they urged the Ministry of Home Affairs to formulate regulations to solidify this requirement.
