Law Amending Law on Cadres and Civil Servants and Law on Public Employees, Law No. 52/2019/QH14

LAW

Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and Law on Public Employees^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 22/2008/QH12 on Cadres and Civil Servants and Law No. 58/2010/QH12 on Public Employees. 

Article 1. To amend and supplement a number of articles of the Law on Cadres and Public Servants

1. To amend and supplement Clause 2, Article 4 as follows:

“2. Civil servants are Vietnamese citizens who are recruited and appointed to ranks, posts or titles corresponding to their working positions in agencies of the Communist Party of Vietnam, the State, or socio-political organizations at the central, provincial and district levels; in agencies and units of the People’s Army who are not officers, professional army men or defense workers; and in agencies and units of the People’s Public Security Forces who are not officers or non-commissioned officers as professional ones or public security workers, and included in payrolls and salaried from the state budget.”.

2. To amend and supplement Article 6 as follows:

“Article 6. Policies toward talented persons in public duties

1. The State shall adopt policies to discover, attract, employ in proper positions and well treat talented persons.

2. The Government shall adopt a policy framework to employ in proper positions and well treat talented persons in public duties.

3. Based on the Government’s regulations, heads of the agencies prescribed at Points a, b, c and dd, Clause 1, Article 39 of this Law shall decide on a regime to employ in proper positions and well treat talented persons in public duties of agencies, organizations and units under their management; provincial-level People’s Councils shall prescribe a regime to employ in proper positions and well treat talented persons in public duties of agencies, organizations and units under management by provincial-level authorities.”.

3. To amend and supplement Article 29 as follows:

“Article 29. Performance-based categorization of cadres

1. On the basis of results of performance evaluation, cadres shall be put into the following categories:

a/ Excellent accomplishment of tasks;

b/ Good accomplishment of tasks;

c/ Accomplishment of tasks;

d/ Non-accomplishment of tasks.

2. Results of performance-based categorization of cadres shall be included in files of cadres, notified to the evaluated cadres and publicized in the agencies, organizations or units where such cadres work.

3. Competent agencies and organizations shall relieve from duty, or discontinue jobs for, cadres who are put into the category of non-accomplishment of tasks for 2 consecutive years.”.

4. To amend and supplement Clause 1, Article 34 as follows:

“1. Based on sectors and occupations, and their professional qualifications, civil servants shall be classified into the following civil servant ranks:

a/ Class A, including those appointed to the senior-specialist or equivalent rank;

b/ Class B, including those appointed to the principal-specialist or equivalent rank;

c/ Class C, including those appointed to the specialist or equivalent rank;

d/ Class D, including those appointed to the technician or equivalent rank and employee rank;

dd/ The class applicable to the civil servant rank specified at Point e, Clause 1, Article 42 of this Law as prescribed by the Government.”.

5. To amend and supplement Article 37 as follows:

“Article 37. Methods of recruitment of civil servants

1. Civil servants shall be recruited through examination or selection, except the cases specified in Clause 3 of this Article.

The form and contents of examination and selection to recruit civil servants must meet working position requirements for each sector and occupation, ensuring that persons with appropriate qualities, qualifications and capabilities are selected.

2. The recruitment of civil servants through selection must comply with decisions of agencies competent to recruit civil servants for each of the following groups:

 a/ Persons who commit to voluntarily work for at least 5 years in areas with extremely difficult socio-economic conditions;

b/ Persons who are enrolled through nomination under the Education Law and, after their graduation, return to work for the localities that have sent them to the training courses;

c/ Graduate students  with excellent results and talented young scientists.

3. In addition to the recruitment through examination or selection, heads of civil servant-managing agencies may receive persons who meet the criteria and conditions of the working positions as civil servants in the following cases:

a/ Public employees working in public non-business units; 

b/ Commune-level cadres and civil servants;

c/ Persons receiving salaries in the people’s armed forces, and persons working in cipher organizations who are not civil servants;

d/ Persons who are the chairpersons of Members’ Councils, chairpersons of Boards of Directors, presidents of companies, members of Members’ Councils, members of Boards of Directors, supervisors, directors general, deputy directors general, directors, deputy directors, chief accountants or holders of other leading or managerial posts or titles in state enterprises, or enterprises in which the State holds over 50% of charter capital under the Government’s regulations to be appointed as civil servants holding leading or managerial posts; these persons must be those already planned for the posts in which they will be appointed or equivalent posts;

dd/ Persons who used to be cadres or public servants, then are transferred and rotated by competent authorities to hold working positions other than cadres or public servants at other agencies or organizations.

4. The persons specified in Clause 3 of this Article may be considered for being received to work as civil servants if they are neither being disciplined nor implementing discipline-related provisions of Article 82 of this Law; the persons prescribed at Points a, b, c and d, Clause 3 of this Article must have at least 5 years’ appropriate working experience in the field where they will work after being received. 

5. The Government shall detail this Article.”.

6. To amend and supplement Article 39 as follows:

“Article 39. Recruitment of civil servants

1. Agencies competent to recruit civil servants:

a/ The Supreme People’s Court, Supreme People’s Procuracy and State Audit Office of Vietnam may recruit, and delegate the recruitment of, civil servants in agencies, organizations and units under their respective management;

b/ The Office of the National Assembly and Office of the President may recruit civil servants in agencies and units under their respective management;

c/ Ministries, ministerial-level agencies, government-attached agencies, and organizations established by the Government or Prime Minister that are not public non-business units may recruit, and delegate the recruitment of, civil servants in agencies, organizations and units under their respective management;

d/ Provincial-level People’s Committees may recruit, and delegate the recruitment of, civil servants in agencies, organizations and units under their respective management;

dd/ Agencies of the Communist Party of Vietnam, and central-level agencies of the Vietnam Fatherland Front  and socio-political organizations may recruit, and delegate the recruitment of, civil servants in agencies, organizations and units under their respective management.

2. To inspect the quality of civil servants upon recruitment, except the cases prescribed in Clauses 2 and 3, Article 37 of this Law. Such inspection shall be conducted according to a roadmap, ensuring publicity, transparency, practicality and efficiency.

3. The Government shall detail Clause 2 of this Article.”.

7. To add the following Point e below Point dd, Clause 1, Article 42:

“e/ Another rank under the Government’s regulations.”.

8. To amend and supplement Article 44 as follows:

“Article 44. Civil servant rank promotion

1. Civil servant rank promotion shall be based on working positions, suitable to the structure of civil servant ranks of the agency, organization or unit concerned, and conducted through rank promotion examination or selection.

2. Civil servants who fully meet the criteria and conditions for assuming working positions of a higher rank may register for rank promotion examination or selection.

3. Rank promotion examination and selection shall be organized on the principles of competitiveness, publicity, transparency, objectivity and lawfulness.

4. Civil servants who have passed the rank promotion examination or selection shall be appointed to a higher civil-servant rank and arranged in a proper working position.”.

9. To amend and supplement Article 45 as follows:

“Article 45. Criteria and conditions for registration for rank promotion examination or selection

1.  Civil servants sitting a rank promotion examination must fully meet the following criteria and conditions:

a/ Falling into the category of accomplishment of tasks or higher in the year preceding the year of examination; possessing good political qualities and ethics; neither being disciplined nor implementing discipline-related provisions of Article 82 of this Law;

b/ Possessing professional capabilities and qualifications for assuming working positions of a civil-servant rank higher than the current civil-servant rank in the same specialty;

c/ Satisfying the requirement on diplomas and/or certificates for the civil servant rank they register for examination;

d/ Satisfying the requirement on minimum working period prescribed for each civil servant rank.

2. Civil servants fully meeting the criteria and conditions prescribed at Points a, b and c, Clause 1 of this Article may be selected for civil-servant rank promotion in the following cases:

a/ Having recorded excellent achievements in public duties while holding the current civil-servant rank as recognized by competent authorities;

b/ Being appointed to leading or managerial posts corresponding to their working positions.

3. The Government shall detail this Article.”.

10. To amend and supplement Article 46 as follows:

“Article 46. Organization of rank promotion examination and selection

1. The contents and forms of civil-servant rank promotion examination and selection must suit professional requirements of relevant ranks, ensuring that civil servants with professional capabilities and qualifications who meet the criteria for such ranks and task requirements are selected.

2. The Government shall prescribe the competence to organize civil-servant rank promotion examination and selection in accordance with the regulations on delegation of powers for management of civil servants in agencies of the Vietnam Communist Party, the State, Vietnam Fatherland Front and socio-political organizations.”.

11. To amend and supplement Article 56 as follows:

“Article 56. Contents of evaluation civil servants

1. Civil servants shall be evaluated based on:

a/ Their observance of the line and policies of the Party, laws of the State, and regulations of their agencies, organizations and units;

b/ Their political qualities, ethics, lifestyle and working style and manners;

c/ Their professional capabilities and qualifications;

d/ Their task performance under law, plans or assigned tasks; and task performance progress and quality. The evaluation of task performance shall be based on working positions of civil servants and specific tasks and products;

dd/ Their sense of responsibility and collaboration in task performance;

e/ Their attitude in serving the people and enterprises for civil servants in direct contact with or directly handling affairs of the people and enterprises.

2. In addition to the contents provided in Clause 1 of this Article, civil servants holding leading or managerial posts shall be evaluated based on:

a/ Working plans and operation results of agencies, organizations or units the civil servants are assigned to lead or manage; the evaluation on task performance of individuals shall be based on the results of task performance of agencies, organizations or units such individuals directly lead or manage. The performance-based category for individuals must not be higher than that for agencies, organizations or units such individuals directly lead or manage.

b/ Process and quality of performance of assigned tasks;

c/ Leading and managerial capabilities;

d/ Capability of rallying and uniting persons under their management.

3. Time of evaluation of civil servants:

a/ Annual evaluation; evaluation before consideration for rank promotion, salary raise ahead of time, appointment, re-appointment, planning, or transfer; and evaluation before the expiration of the period of rotation or secondment;

b/ Based on the management requirements of agencies, organizations or units, heads of agencies competent to manage civil servants shall specify the evaluation of civil servants on a quarterly, monthly or weekly basis as suitable to the characteristics of their agencies, organizations or units, ensuring publicity, democracy, objectivity, and quantification based on specific results and products. The evaluation results serve as a basis for the evaluation of civil servants under Point a of this Clause.

4. Based on Clauses 1, 2, and 3 of this Article, heads of agencies, organizations or units employing civil servants shall promulgate regulations on the evaluation of civil servants of their own agencies, organizations or units.

5. The Government shall detail this Article.”.

12. To amend and supplement Article 58 as follows:

“Article 58. Performance-based categorization of civil servants

1. On the basis of results of performance evaluation, civil servants shall be put into the following categories:

a/ Excellent accomplishment of tasks;

b/ Good accomplishment of tasks;

c/ Accomplishment of tasks;

d/ Non-accomplishment of tasks.

2. Results of performance-based categorization of civil servants shall be included in files of civil servants, notified to the evaluated civil servants and publicized in the agencies, organizations or units where such civil servants work.

3. Civil servants who are put into the category of non-accomplishment of tasks shall be handled as follows:

a/ Competent agencies, organizations or units may discontinue jobs for civil servants who are put into the category of non-accomplishment of tasks for 2 consecutive years;

b/ Civil servants holding leading or managerial posts who are put into the category of non-accomplishment of tasks for 2 inconsecutive years during their term of office shall be assigned to other jobs or not be re-appointed;

c/ Civil servants not holding leading or managerial posts who are put into the category of non-accomplishment of tasks for 2 inconsecutive years in the period of 3 years while holding the current working position shall be appointed to a working position with lower requirements.”.

13. To amend and supplement Point a, Clause 3, Article 61 as follows:

“a/ Chiefs of public security offices (for communes and townships where regular public security offices have not yet been organized under Law No. 37/2018/QH14 on the People’s Public Security Forces);”.

14. To amend and supplement Clause 3, Article 78 as follows:

“3. Cadres who commit a criminal offense, and are convicted by a court with their judgments or rulings having taken effect shall automatically stop holding their elected, approved or appointed posts; if they are sentenced by a court to imprisonment while not being entitled to suspended sentence, or convicted of a corruption-related offense, they shall automatically be sacked from the date their judgments or rulings take legal effect.”.

15. To amend and supplement Article 79 as follows:

“Article 79. Forms of disciplining civil servants

1. Civil servants who violate this Law or other relevant laws shall, depending on the nature and severity of their violations, be subject to one of the following disciplinary forms:

a/ Reprimand;

b/ Caution;

c/ Salary reduction;

d/ Demotion;

dd/ Dismissal;

e/ Sack.

2. Demotion and dismissal shall be applicable only to civil servants holding leading or managerial posts. Salary reduction shall be applicable only to civil servants not holding leading or managerial posts.

3. Civil servants who are sentenced by a court to imprisonment while not being entitled to suspended sentence, or convicted of a corruption-related offense shall automatically be sacked on the date their judgments or rulings take legal effect; civil servants holding leading or managerial posts who commit a criminal offense, and are convicted by a court with their sentences or rulings having taken effect shall automatically stop holding their appointed posts.

4. The Government shall detail this Article.”.

16. To amend and supplement Article 80 as follows:

“Article 80. Statute of limitations and time limits for disciplining

1. The statute of limitations for disciplining a violating cadre or civil servant is a period after the expiration of which he/she shall not be disciplined. The statute of limitations for disciplining shall be counted from the date a violation is committed.

Except the cases specified in Clause 2 of this Article, the statute of limitations for disciplining is provided as follows:

a/ Two years, for less serious violations subject to reprimand;

b/ Five years, for the violations other than those prescribed at Point a of this Clause.

2. The statute of limitations for disciplining shall not be applied to:

a/ Violations subject to being expelled from the Party, for cadres and civil servants who are Party members;

b/ Violations of the regulations on interior political security;

c/ Acts harming the national interests in the field of national defense, security or external affairs;

d/ Acts of using fake or illegal diplomas or certificates.

3. The time limit for disciplining a cadre or civil servant is a period counted from the time his/her breach of discipline is detected to the time a competent agency or organization issues a disciplining decision.

The time limit for disciplining is 90 days; for a case involving complicated circumstances which needs further verification, this time limit may be extended but must not exceed 150 days.

4. Disciplining shall be considered for application to an individual against whom a criminal case was instituted or who was prosecuted or brought to trial according to criminal procedures under a decision but later the investigation or criminal case is ceased under a decision, while his/her violation shows a sign of breaching discipline. The period of investigation, prosecution and trial according to criminal procedures shall not be included in the time limit for disciplining. Within 3 working days after issuing the investigation or criminal case cessation decision, the issuer shall send the decision and related documents to the competent agency, organization or unit for disciplining.”.

17. To amend and supplement Clauses 2 and 3, Article 82 as follows:

“2. Cadres and civil servants subject to disciplining shall be handled as follows:

a/ If being disciplined in the form of reprimand, caution or salary reduction, they will not be entitled to rank promotion, planning, training, and appointment to higher posts for 12 months from the effective date of their disciplining decisions;

a/ If being disciplined in the form of demotion or dismissal, they will not be entitled to rank promotion, planning, training and appointment for 24 months from the effective date of their disciplining decisions;

c/ Past the time limit prescribed at Point a or b of this Clause, if cadres or civil servants do not commit violations which are serious enough for being subject to disciplining, they will again be entitled to rank promotion, planning, training and appointment in accordance with law.

3. Cadres and civil servants who are being disciplined, put under investigation, prosecuted or brought to trial may neither stand as candidates nor be entitled to nomination, appointment, transfer, rotation, secondment, training, further training, rank promotion, or job discontinuation.”.

18. To amend and supplement Article 84 as follows:

“Article 84. Application of the Law on Cadres and Civil Servants to other subjects

1. Competent agencies of the Communist Party of Vietnam, the Standing Committee of the National Assembly and the Government shall specify the application of this Law to elected persons other than those defined in Clause 1, Article 4 of this Law; and the allowance regime for retirees who are elected to hold cadres’ posts or titles.

2. Competent agencies of the Communist Party of Vietnam and the Government shall specify the application of this Law to persons who work in socio-politico-professional organizations, social organizations and socio-professional organizations.

3. The Government shall prescribe in detail the implementation of the civil-servant regime to persons working in the leadership and management apparatuses of public non-business units of agencies of the Communist Party of Vietnam, the State or socio-political organizations at the central, provincial and district levels, which have their current expenditures and investment expenditures funded by the state budget and carry out activities serving political tasks and state management work.

4. The Government shall prescribe the frame quantities of and regimes and policies toward part-timers at the commune level; the management and employment of leaders and managers in state enterprises and enterprises in which the State holds over 50% of charter capital.

5. Violations committed by cadres or civil servants during their working period who have quit their jobs or retired shall be handled as follows:

a/ All violations committed by cadres or civil servants during their working period who have quit their jobs or retired shall be handled in accordance with law.

Depending on the nature and severity of their violations, the violators shall be subject to criminal or administrative handling or disciplining;

b/ Cadres or civil servants with their violations committed during their working period but found after they have quit their jobs or retired shall, depending on the nature and severity of the violations, shall be subject to reprimand, caution, or removal of their previous posts together with the legal consequences corresponding to their disciplinary forms.

The disciplining of cadres or civil servants with their violations committed during their working period before July 1, 2020, who have quit their job or retired must comply with this Law.

The Government shall detail this Clause.”.

19. To amend and supplement Article 85 as follows:

“Article 85. Transitional provisions

For holders of leading or managerial posts in public non-business units who were defined as civil servants under Law No. 22/2008/QH12 on Cadres and Civil Servants and guiding documents but are no longer defined as civil servants under this Law and do not fall into the case prescribed in Clause 3, Article 84 of this Law, the relevant regimes and policies and the law on cadres and civil servants may further be applied until the end of their current term of office.”.

20. To replace the phrases below:

a/ To replace the phrase “categorization” in Clause 4 of Article 5, and Article 64, with the phrase “performance-based categorization”;

b/ To replace the phrase “Law on Organization of People’s Councils and People’s Committees” in Clause 2 of Article 21, Article 24, and Clause 1 of Article 63, with the phrase “Law on Organization of Local Administration”;

c/ To replace the phrase “Law on Election of Deputies to the National Assembly and Law on Election of Deputies to People’s Councils” in Article 24 with the phrase “Law on Election of Deputies to the National Assembly and Deputies to People’s Councils”; to replace the phrase “Law on Election of Deputies to People’s Councils” in Clause 1 of Article 63 with the phrase “Law on Election of Deputies to the National Assembly and Deputies to People’s Councils”;

d/ To replace the phrase “officers and professional non-commissioned officers” at Point d, Clause 1 of Article 32 with the phrase “officers and non-commissioned officers working on a professional basis, and public security workers”;

dd/ To replace the phrase “confinement to a medical treatment establishment or an education institution” at Point c, Clause 2 of Article 36 with the phrase “confinement to a compulsory drug rehabilitation center or a compulsory education institution”.

21. To remove the phrases below:

a/ To remove the phrase “communes in mountainous, border, island, deep-lying, remote and ethnic minority areas,” in Clause 2 of Article 63;

b/ To remove the phrase “, public non-business units of the State” in Clause 4 of Article 66;

c/ To remove the phrase “, public non-business units of People’s Committees” in Clause 5 of Article 66;

d/ To remove the phrase “and public non-business units” in Clause 6 of Article 66;

dd/ To remove the phrase “public non-business units,” in Clause 1 of Article 70.

22. To annul Point c, Clause 1, Article 32.

Article 2. To amend and supplement a number of articles of the Law on Public Employees

1. To amend and supplement Clause 3, Article 9 as follows:

“3. The Government shall prescribe in detail criteria for classification of public non-business units mentioned in Clause 2 of this Article in each non-business area; transformation of non-business units into enterprises, except non-business units in the fields of health and education; and management of public non-business units on the principles of downsizing and efficiency.”.

2. To amend and supplement Article 25 as follows:

“Article 25. Types of working contracts

1. Definite-term working contract is a contract in which the two parties determine its term and time of termination within between full 12 months and 60 months.

Definite-term working contracts apply to public employees recruited on or after July 1, 2020, except the cases specified at Points b and c, Clause 2 of this Article.

2. Indefinite-term working contract is a contract in which the two parties do not determine its term and time of termination. Indefinite-term working contracts apply to:

a/ Public employees recruited before July 1, 2020;

b/ Cadres or civil servants shifted to work as public employees under Point b, Clause 1, Article 58 of this Law;

c/ Public employees recruited to work in areas with extremely difficult socio-economic conditions.

3. The Government shall detail this Article.”.

3. To amend and supplement Clause 2, Article 28 as follows:

“2. For a definite-term working contract, 60 days before its expiration, the head of the public non-business unit shall renew or terminate the contract with the concerned public employee. 

In case the public non-business unit still needs the public employee and he/she fully meets the law-prescribed requirements, its head shall renew the working contract with the public employee.

If not renewing the working contract with the public employee, the head of the public non-business unit shall clearly state the reasons in writing.”.

4. To add the following Point e below Point dd, Clause 1, Article 29:

“e/ Public employees failing to meet task requirements after the probation period.”.

5. To amend and supplement Article 41 as follows:

“Article 41. Contents of evaluation of public employees

1. Public employees shall be evaluated based on:

a/ Their observance of the line and policies of the Party, laws of the State, and regulations of their agencies, organizations and units;

b/ Results of their performance of tasks under the signed working contracts, plans or assigned tasks; and task performance progress and quality. The evaluation of task performance shall be based on working positions of public employees and specific tasks and products;

c/ Their observance of rules on professional ethics;

d/ Their sense of responsibility, attitude in serving the people, sense of collaboration with colleagues, and observance of the code of conduct of public employees;

dd/ Their performance of other obligations of public employees.

2. In addition to the contents provided in Clause 1 of this Article, public employees holding managerial posts shall be evaluated based on:

a/ Their capabilities of management, administration and organization of task performance;

b/ Annual, quarterly and monthly working plans and operation results of agencies, organizations or units the public employees are assigned to manage; the evaluation on task performance of individuals shall be based on the results of tasks performance of agencies, organizations or units such individuals directly manage. The performance-based category for individuals must not be higher than that for agencies, organizations or units such individuals directly manage.

3. Time for evaluation of public employees:

a/ Annual evaluation; evaluation before the expiration of the probation period, renewal of working contracts, change of working positions, or consideration for commendation, disciplining, appointment, re-appointment, or planning;

b/ Based on the working characteristics of agencies, organizations or units, heads of agencies competent to manage public employees shall promulgate, or assign heads of agencies or organizations employing public employees to promulgate the regulations on evaluation of public employees on a quarterly, monthly or weekly basis, ensuring publicity, democracy, objectivity and quantification based on specific results and products; the evaluation results serve as a basis for the evaluation of public employees under Point a of this Clause.

4. The Government shall detail this Article.”.

6. To amend and supplement Clause 1, Article 45 as follows:

“1. In case a public non-business unit unilaterally terminates the working contract signed with a public employee, an employer does not renew the working contract upon its expiration, or a public employee unilaterally terminates his/her working contract because he/she falls sick or has an accident under Clause 4, Article 29 or unilaterally terminates his/her working contract under Clause 5, Article 29 of this Law, the public employee is entitled to severance allowance, job loss allowance or unemployment insurance benefits under the labor law and insurance law, except the case specified in Clause 2 of this Article.”.

7. To amend and supplement Article 53 as follows:

“Article 53. Statute of limitations and time limits for disciplining

1. The statute of limitations for disciplining a violating public employee is a period after the expiration of which he/she shall not be disciplined. The statute of limitations for disciplining shall be counted from the date a violation is committed.

Except the cases specified in Clause 2 of this Article, the statute of limitations for disciplining is provided as follows:

a/ Two years, for less serious violations subject to reprimand;

b/ Five years, for violations other than those prescribed at Point a of this Clause.

2. The statute of limitations for disciplining shall not be applied to:

a/ Violations subject to being expelled from the Party, for public employees who are Party members;

b/ Violations of the regulation on interior political security;

c/ Acts harming the national interests in the field of national defense, security or external affairs;

d/ Acts of using fake or illegal diplomas or certificates.

3. The time limit for disciplining a public employee is a period counted from the time his/her breach of discipline is detected to the time a competent authority issues a disciplining decision.

The time limit for disciplining is 90 days; for a case involving complicated circumstances which needs further verification, this time limit may be extended but must not exceed 150 days.

4. Disciplining shall be considered for application to a public employee against whom a criminal case was instituted or who was prosecuted or brought to trial according to criminal procedures under a decision but later the investigation or criminal case is ceased under a decision, while his/her violation shows a sign of breaching discipline. The period of investigation, prosecution and trial according to criminal procedures shall not be included in the time limit for disciplining. Within 3 working days after issuing the investigation or criminal case cessation decision, the issuer shall send the decision and related documents to the agency, organization or unit managing such public employee for consideration of disciplining.”.

8. To amend and supplement Clauses 2 and 3, Article 56 as follows:

“2. Public employees subject to disciplining shall be handled as follows:

a/ If being disciplined in the form of reprimand or caution, they will not be entitled to planning, training, further training, or appointment to higher posts for 12 months from the effective date of their disciplining decisions;

b/ If being disciplined in the form of dismissal, they will not be entitled to planning, training, further training, or appointment for 24 months from the effective date of their disciplining decisions.

3. Public employees who are being disciplined, put under investigation, prosecuted or brought to trial will not be entitled to appointment, secondment, training, further retraining, or job discontinuation.”

9. To amend and supplement Clause 1, Article 58 as follows:

“1. The shifting between public employees and cadres and civil servants is provided as follows:

a/ The recruitment of public employees to work as civil servants must comply with the law on cadres and civil servants;

b/ Cadres and civil servants may be shifted to work as public employees at public non-business units when meeting the conditions specified in this Law;

c/ The process of contribution and working period of public employees before they are shifted to work as cadres or civil servants and vice versa shall be taken into account when implementing the provisions related to training, further training, commendation and other benefits.”.

10. To add the following Clause 2a below Clause 2, Article 59:

“2a. Public employees who are recruited before July 1, 2020, but have not entered into indefinite-term working contracts may continue to perform the signed working contracts; and may enter into indefinite-term working contracts after the expiration of the signed working contracts if fully meeting the law-prescribed requirements.”.

11. To amend and supplement Article 60 as follows:

“Article 60. Application of the Law on Public Employees to other subjects

1. The Government shall stipulate the application of the Law on Public Employees to persons working in non-business units of socio-politico-professional organizations, social organizations or socio-professional organizations, public non-business units, state enterprises and enterprises in which the State holds over 50% of charter capital.

2. The Government shall stipulate the disciplining of public employees with their violations committed during their working period but found after they have quit their jobs or retired.

The disciplining of public employees with their violations committed during their working period before July 1, 2020, who have quit their jobs or retired must comply with this Law.”.

12. To replace the phrases below:

a/ To replace the phrase “confinement to a medical treatment establishment, an education institution or a reformatory” at Point b, Clause 2 of Article 22 with the phrase “confinement to a compulsory drug rehabilitation center, a compulsory education institution or a reformatory”.

b/ To replace the phrase “evaluated” at Point a, Clause 1, Article 29 with the phrase “categorized”; to replace the phrase “evaluation-based categorization” in Article 42 with the phrase “performance-based categorization”; to replace the word “categorization” in Article 44 with the phrase “performance-based categorization”.

13. To remove the phrases below:

a/ To remove the phrase “but not defined as a civil servant” in Clause 1 Article 3;

b/ To remove the phrase “is appointed by a competent authority to hold a post as a civil servant in public non-business units as provided by law, or” in Clause 5, Article 28.”

Article 3. Effect

This Law takes effect on July 1, 2020.

This Law was passed on November 25, 2019, by the XIV^th National Assembly of the Socialist Republic of Vietnam at its 8^th session.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN