The Ministry of Home Affairs (MoHA) is collecting opinions on a new law which would amend a number of articles of the Law on Cadres and Civil Servants (2008) and the Law on Public Employees (2010).(Source: phapluatxahoi.vn)

Hanoi (VNS/VNA) - The Ministry of Home Affairs (MoHA) is collectingopinions on a new law which would amend a number of articles of the Law onCadres and Civil Servants (2008) and the Law on Public Employees (2010).

Allideas for the new law should be submitted to the ministry at www.moha.gov.vn byMarch 24. The law is expected to come into effect on January 1, 2020.

Accordingto the MoHA, many regulations are updated and clarified in the new lawincluding recruitment policies and treatment of cadres, civil servants andother public employees. Notably, it would start to adjust the payment scheme toreward good performance rather than just seniority and ensure public servantsare paid a living wage.

Theevaluation and classification of cadres, civil servants and public employeeswill be based on their performance level in assigned duties. Performance willbe determined through the use of surveys and comparisons with others in similarpositions to make the process objective and transparent.

Thelaw also says disciplined officials and public employees can not be appointedto higher posts, but may still be considered for re-appointment or for lowerpositions.

Thereis currently a discrepancy between the current legal code and Party policyregarding the window in which retired officials can be disciplined. Inaccordance with existing laws, civil servants who commit violations cannot bedisciplined if their wrongdoing is not detected within 24 months.

Therevised law would extend the period to 60 months. As the duration is so short,it does not guarantee violations are handled. Some violators have undergoneParty discipline (or criminal punishment in form of a suspended sentence) butcannot be disciplined under the provisions of the law because the period hasalready lapsed.

Inorder to solve the aforementioned problem, the ministry proposed supplementingthe regulation that says retired cadres who are found to have committedviolations on duty should be disciplined according to the Party’s regulationsand will be reprimanded and have their titles revoked.

Twooptions were put forth by the MoHA for the Government’s consideration. Thefirst option is to discipline all officials, civil servants and publicemployees who made violations during the discharge of their duties but haveretired or quit their jobs.

Thesecond one is to punish only those at the deputy minister level or higher whomade serious violations, including those at the vice chairman level inprovincial People’s Committees.

Accordingto Truong Hai Long, head of the Civil Servants Department under the MoHA,several seminars have been held by the ministry to gather opinions from expertswho gave different ideas on how to deal with retired officials. Some said theLaw on Cadres and Civil Servants should not apply to those who have retired orquit.

“Inline with the Party’s policy on strictly dealing with officials who commitviolations even if they have retired, the ministry proposed two options tocollect the public’s opinions on the issue,” Long was quoted by ThanhNien (Young People) newspaper as saying.

NguyenTien Dinh, former Deputy Minister of Home Affairs, said all violations shouldbe handled.

Hepointed out that officials below the level of vice minister could also commitserious violations worthy of punishment. He said all violators should be dealtwith to ensure fairness.

Dinhsaid widening the scope of people subject to discipline would discouragemisconduct.

EchoingDinh’s opinion, former head of State Management and Human resources under theNational Academy of Public Administration Vo Kim Son said there was no need tomention the second option as all violators should be dealt with.

"Interms of legal principles, all citizens are equal before the law,” Son told DatViet newspaper. “Therefore, everyone working for the State must beequal before public law.”  

Soncited the Law on Cadres and Civil Servants, the Law on Public Employees and theLaw on Anti-Corruption as examples.

Inrelated news, the recruitment and rank promotion examination for civil servantsand public employees will be adjusted to simplify administrative procedures,enhance transparency and improve the quality of recruits in line with the updatedlaw.

UnderGovernment Decree 161/2018/NĐ-CP, which took effect on January 15 this year,the recruitment of civil servants and public employees will be organised intotwo rounds.

൲ Applicantsare obliged to take exams in general knowledge, foreign language and IT skillsin the first round. In the second round, they undergo an interview and afurther written test as required by the head of the recruitment agency.