The law aims for a transparent, competitive mechanism that promotes competency and filters out those who fail to meet requirements.

The Ministry is currently seeking feedback on the draft law (amended), which is expected to be presented to the National Assembly at its 10th session in October.

The draft consists of six chapters and 42 articles (a reduction of 20 articles compared to the current law), inheriting and revising provisions from the 2010 Law on Public Employees (amended in 2019) to align with the current context.

Key proposals

One notable proposal is to strengthen public employee management and implement performance-based salary systems linked to job positions, outcomes, and deliverables.

Recruitment, assignment, evaluation, and utilization of public employees will be based on job requirements and individual competencies and performance. The proposal aims to eliminate the current salary structure based on professional title rankings.

The draft law also expands provisions on employment contracts and transfers to facilitate mobility between the public and private sectors under principles of competition, transparency, fairness, and equality.

In terms of recruitment, besides traditional exams and selection procedures, the draft introduces a new mechanism allowing public agencies to directly sign contracts with experts, scientists, and talented individuals with expertise aligned with the fields of operation of the agencies.

The draft also outlines recruitment methods specific to essential public service providers. For non-essential service units, recruitment is expected to shift toward contract-based arrangements.

Additionally, the draft outlines conditions for applying to public employee positions, particularly for Vietnamese citizens living abroad or foreign nationals residing in Vietnam, subject to decisions by competent authorities. 

Priority in recruitment will be given to talented individuals, people with meritorious service to the country, and ethnic minorities. The draft also encourages the application of science and technology in recruitment processes and integration with centralized public employee management databases by sector.

The probation system has also been revised. Successful candidates must undergo a probation period unless they have at least 12 months of relevant professional experience.

Expanded rights for public employees

The draft law broadens the rights of public employees. They will be allowed to enter into professional contracts with other public service units besides their current workplace.

Public employees are allowed to invest in, establish, manage, operate, or work at enterprises founded or co-founded by their current public service units to commercialize research outcomes and effectively utilize intellectual property, inventions, and digital technologies developed by the units.

Furthermore, public employees can be sent to work at scientific and technological organizations, higher education institutions, businesses, and other organizations for a fixed period.

They are also allowed to invest in, establish, manage, operate, or contribute to technological development in both domestic and international enterprises.

Importantly, public employees may be considered for exemption, exclusion, or reduction of liability in cases such as:

Complying with unlawful orders from superiors but reporting them;

Acting correctly per regulations without personal gain but causing damage due to objective reasons;

Implementing innovative proposals approved by competent authorities and motivated by public interest;

Acts of force majeure.

The evaluation of public employees must be democratic, transparent, objective, continuous, and multi-dimensional. Assessment criteria will be quantified and linked to results, deliverables, innovation, and adaptability in each position.

The draft emphasizes the use of digital technology in evaluations to ensure flexibility and connection with salary, bonus, and other policies.

Heads of public service units are authorized to establish evaluation regulations, directly or through delegation, and have the power to filter out employees who do not meet job requirements.

Governing ministries will issue evaluation toolkits and model regulations to ensure uniform application across units.

In addition to these provisions, the draft introduces the right of public employees to unilaterally terminate their contracts, and establishes a national public employee database to support management, meeting e-Government and digital transformation requirements.

According to MHA, these amendments aim to modernize public employee management in a dynamic, transparent, and effective manner, ensuring the right people are placed in the right roles, maximizing competency, and filtering out those who fail to meet standards. This contributes to building a professional, responsible, and ethical public employee workforce to serve socio-economic development and the needs of citizens and businesses.

Thu Hang