Expected commune-level cadres and civil servants on the provincial payroll

The above content is mentioned in the draft Law on Cadres and Civil Servants (amended) for which the Ministry of Home Affairs sought opinions from domestic and foreign agencies, organizations and individuals before submitting it to the National Assembly at the 9th Session.

Notably, the Ministry of Home Affairs proposed to add transitional provisions to unify the management of the current communal-level cadres and civil servants with the cadres and civil servants in the political system.

This is to ensure continuity in personnel work so as not to affect the normal operations of people and businesses immediately after implementing the 2-level local government model (provincial and grassroots levels, not organizing at the district level).

Specifically, Clause 1, Article 46 of the draft law states: "Commune-level cadres and civil servants as prescribed by the 2008 Law on Cadres and Civil Servants (amended and supplemented by the Law amending and supplementing a number of articles of the Law on Cadres and Civil Servants and the Law on Public Employees in 2019) from the effective date of this law are on the payroll of provinces and centrally-run cities".

When the Law on Cadres and Civil Servants (amended) comes into effect, commune-level cadres and civil servants will be ranked according to the salary scale and grade corresponding to the assigned job position if they meet the standards and conditions required by the job position; recruitment, use and management will be carried out in accordance with the Government's regulations on recruitment, use and management of civil servants.

The draft law also stipulates that in cases where the qualifications and conditions required for the job position are not met, the competent authority shall consider and decide on streamlining in accordance with the provisions of law at the time of streamlining.

Also according to the proposal of the Ministry of Home Affairs, the Government will develop a roadmap and issue regulations to gradually transform the management of civil servants according to job positions within 5 years from the effective date of this law. During the 5-year period, the management of civil servants, recruitment, management and use of civil servants will continue to be implemented according to the Government's regulations.