The former director of the Legal Department under the Government Office has pointed out that civil servants take on extra work because of livelihood pressures, citing his own example: “Back in the day, I was a government employee and signed contracts for after-hours teaching because the salary was too low.”

Recruitment reforms 

Nguyen Tu Long, deputy director of the Department of Civil Servants and Public Employees under the Ministry of Home Affairs (MHA), said the draft focuses on reforming recruitment methods and developing the workforce based on job positions, with the job itself at the center.

According to Long, the draft law proposes that management be based on three types of job positions in public non-business units: leadership and management, professional and technical positions, and support roles. It no longer distinguishes between general professional roles and specialized professional roles. A single public unit may have multiple job positions and professional titles.

The draft law delegates recruitment power to provincial-level authorities, who may further decentralize it to commune-level units or directly to public non-business entities.

“In practice, there's still a gap between the authority to recruit and the authority to assign and utilize public employees. This amendment aims to fix that,” Long said.

He noted that one of the motivations for amending the law is to ensure alignment with Resolution 57, which emphasizes breakthroughs in science, technology, innovation, and national digital transformation.

Currently, the law allows public employees to engage in other professional activities as long as they don’t violate regulations, but it lacks clarity on the rights, responsibilities, and authority to establish or manage enterprises. The new draft takes an approach of not outright banning such activities but requiring compliance with specialized legal frameworks.

Experts urge transparency, practical reform

Dr Tran Anh Tuan, chair of the Vietnam Association for Administrative Sciences and former deputy minister of Home Affairs, emphasized that a comprehensive revision of the Law on Public Employees is essential to resolve bottlenecks.

He stressed the need for a shift in mindset toward autonomy and accountability in public service units, stronger decentralization, and a revamp of mechanisms for recruitment, employment, and management of public employees. This includes attracting and valuing talented individuals.

He said managing public employees should be based on job positions and performance outcomes. “In other words, employees are to be managed, organizations are to be governed,” he said.

Regarding recruitment methods, Tuan recommended only two: competitive exams and direct selection, with no need for transfers as in the draft. He argued that "transfers" or "acceptances" are essentially forms of evaluation anyway, as they also involve reviewing records, résumés, work history, and experience.

Hoang Thi Ngan, former director of the Department of State Administrative Organization and Civil Service under the Government Office, emphasized the importance of transparency in managing and recruiting public employees.

“To prevent abuse, transparency is key. That means being transparent about who the public employees are, who is eligible for recruitment, and the entities doing the recruitment,” Ngan said.

Which side jobs are allowed?

Nguyen Thi Kim Thoa, former director of the Department of Criminal and Administrative Law under the Ministry of Justice, raised concerns over allowing public employees to invest in, manage, or run private enterprises, cooperatives, hospitals, or educational institutions.

“Public employees work in public service units providing essential services. They must be present to meet citizens’ needs. I worry this regulation is too permissive. In the end, it’s the people who rely on these services who will suffer most,” Thoa said.

She gave an example: “If a doctor in a public hospital is also running a private clinic, they may rush through appointments to push patients toward their private business. This is a major concern in many countries, and Vietnam should be even more cautious.”

She argued that the law should clearly define which activities public employees are allowed to engage in outside of their official roles, especially in essential services like healthcare and education, to avoid creating loopholes for corruption and legal violations.

Pham Tuan Khai, former director of the Legal Department under the Government Office, said: “The most important issue is still the wage policy. With current salaries, no matter how much the law is revised, things won't improve. Public employees take side jobs simply to survive.”

Thu Hang