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The Civil Servant Law is understood as a compilation of all legal provisions governing the recruitment, utilization, and management of civil servants - a special entity recruited and appointed in Party and State agencies, political organizations, and social organizations.
Civil Servant Law, content, and enforcement effectiveness
1. Introduction to the 2008 Civil Servant Law.
2. Basic content of the Civil Servant Law.
3. New points of the amended and supplemented 2019 Civil Servant Law.
* Download the 2019 amended Civil Servant Law HERE
1. Introduction to the 2008 Civil Servant Law
- The Civil Servant Law is the concise term used by many to refer to Civil Servant Officials Law.
- The Civil Servant Officials Law 2008 was passed on November 13, 2008 by the XII National Assembly and became effective from January 1, 2010. Until November 25, 2019, some provisions of the Civil Servant Officials Law 2008 have been amended and supplemented by the Law amending and supplementing some articles of the Civil Servant Officials Law 2019. From then until now, the current legal basis in effect is the Civil Servant Officials Law 2008, amended and supplemented in 2019.
- The Law on Officials and Public Employees consists of 10 chapters with 87 articles.
Chapter 1: General provisions
Chapter 2: Duties and powers of officials and public employees
Chapter 3: Ethics and communication culture of officials and public employees
Chapter 4: Civil servants at central, provincial, and district levels
Chapter 5: Management of officials and civil servants
Chapter 6: Commune-level officials and civil servants
Chapter 7: Conditions for ensuring the performance of official duties
Chapter 8: Official inspection
Chapter 9: Commendation and handling of violations
Chapter 10: Enforcement provisions
2. Basic content of the Civil Servant Law
- When studying the 2008 Civil Servant Law, it is essential to grasp the following basic provisions:
+ Scope of regulation, applicable subjects.
+ What is a civil servant?
+ Principles of civil servant management.
+ Rights and duties of civil servants.
+ Ethics and communication culture of civil servants.
+ Prohibited actions for civil servants.
+ Civil servants and classification of civil servants.
+ Recruitment of civil servants.
+ Civil servant ranks.
+ Training and development of civil servants.
+ Deployment, appointment, rotation, special assignments, resignation, dismissal of civil servants.
+ Evaluation of civil servants. (Refer to the sample performance evaluation forms as per current regulations)
+ Termination of employment, retirement of civil servants.
+ Management of civil servants.
+ Commendation, disciplinary actions against civil servants.
Depending on specific content, the Government may issue guiding decrees, for example: Decree No. 138/2020/NĐ-CP on recruitment, utilization, and management of civil servants; Decree No. 90/2020/NĐ-CP on assessment, classification of officials, civil servants, and public employees.
What is the main content of the Civil Servant Law?
3. New points of the amended and supplemented 2019 Civil Servant Law
The 2019 amended and supplemented Civil Servant Law introduces many new points regarding civil servants that need to be noted:
- Definition of civil servant, according to which individuals in the leadership and management of public sector units will not be considered civil servants.
- Addition of other civil service positions as prescribed by the government.
- Addition of recruitment method for civil servants through examination.
- Addition of some authorized agencies to recruit civil servants: organizations established by the Government, Prime Minister. Additional regulations on implementing quality assessment of civil service entrants.
