During this morning’s session, the National Assembly discussed the draft law, which adds a regulation allowing public employees to contribute capital and participate in the management or operation of enterprises, cooperatives, hospitals, educational institutions, and non-state scientific research organizations, unless otherwise stipulated by the law on anti-corruption or specialized laws.

Delegate Nguyen Thi Viet Nga (Hai Phong) called this an open regulation for public employees, creating opportunities for them to exploit and promote their capabilities, encouraging individuals to contribute to society, and using the expertise and professional qualifications of the public employee workforce in the private sector.

However, Nga proposed the need to tighten regulations on control mechanisms and anti-corruption. 

Nga noted that it “could potentially harbor risks such as conflicts of interest between the working position in the public sector and the private sector." 

Especially for public employees who hold managerial positions in both public and non-public units operating in the same field, this could lead to the exploitation of public office for profit in the private unit.

She proposed that managerial public employees should not be allowed to take part in managing or operating private entities in the same professional area. She also suggested clear requirements on asset declaration, transparency, supervision, and accountability regarding their investment and management activities in private enterprises.

Delegate Nguyen Tam Hung from HCMC shared a similar view, stating that the draft does not clearly define the scope of prohibited business activities. He recommended clarifying that public employees must not invest, contribute capital, operate, or guarantee enterprises or organizations in the same field as their workplace.

He argued that such restrictions are essential to prevent the so-called “one foot in, one foot out” situation and to avoid conflicts of interest, especially in sensitive sectors like healthcare, education, and scientific research, where public and private boundaries can easily blur.

Delegate Pham Van Hoa from Dong Thap agreed that public employees should have the right to take extra jobs outside working hours. However, he cautioned that if heads of public institutions are allowed to sign external contracts in the same field, objectivity in management would be compromised.

“A person serving as a director of a public unit but also signing contracts or holding a managerial role, possibly as a director, at a private entity in the same field cannot be objective,” he said. 

He emphasized that only deputy-level managers should be allowed to take side jobs, while heads of institutions should not.

“If someone wants to work outside, they should resign and fully move to the private sector. It is unacceptable to be both a state leader and a director in the same industry, as this easily leads to conflicts of interest, self-benefit, and unfair management,” Pham Van Hoa stressed.

Tran Van Lam from Bac Ninh argued that banning public employees from engaging in business activities due to possible abuse of authority is unreasonable.

If a public employee is very proficient in a certain field, they should be encouraged to leverage that expertise to expand outside.

“If the law restricts them from working in their area of strength, it’s like granting permission but in a way that’s meaningless. That’s a ‘if you can’t manage it, then ban it’ mindset,” he said.

According to Lam, the key issue is not prohibition but establishing an effective supervision and management mechanism within public institutions so that misconduct becomes impossible, even if someone intends to abuse their position.

These concerns were previously raised at the October 1 Conference of Full-time National Assembly Delegates.

Thach Phuoc Binh from Vinh Long expressed concern that this regulation (allowing public employees to sign labor contracts and participate in the management and operation of non-public enterprises if not contrary to the law), if not strictly controlled, would lead to conflicts of interest as public employees could exploit their working positions for personal gain.

The delegate proposed clearly stipulating a list of fields and professions that public employees are allowed to participate in, while also requiring transparent reporting and supervision by the management unit.

This issue is currently causing controversy among the public. Some argue that allowing public employees to hold two jobs at the same time is a legitimate right, especially when the salary paid to state public employees is still too low. Meanwhile, others argue that low salary cannot be cited as a reason to allow for 'playing football and blowing the whistle' simultaneously, meaning being both one regulating a field and an active player within that field.

Thu Hang