VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
NGUYEN THI LE THU
LAW ON CADRE IN VIETNAM TODAY
Major : Constitutional and Administrative Law
Code : 9 38 01 02
SUMMARY OF DOCTORAL THESIS OF LAW
HA NOI - 2019
The work was completed at
GRADUATE ACADEMY OF SOCIAL SCIENCES
Scientific Supervisor: 1. Assoc. Prof., Dr. Le Van Long
2. Dr. Hoang Thi Ngan
Reviewer 1: Prof. Dr. Pham Hong Thai
Reviewer 3: Assoc. Prof., Dr. Nguyen Van Manh
Reviewer 3: Assoc. Prof., Dr. Tran Thị Thuy Lam
The dissertation will be defended before the thesis review council
of the Academy at the Graduate Academy of Social Sciences
, on date:
, month: , 2019.
The thesis can be found at National Library of Vietnam
and Library of Graduate Academy of Social Sciences
1. The necessity of the thesis
In the organization and operation of the state apparatus in any country,
at any time, human always play a particularly important role. Therefore,
attributing an importance on human resources in order to gather qualified,
professional staff with sense of high responsibility in implementation of
public service is fundamental.
In Vietnam, along with the process of completing the state apparatus, the
system of legal documents on cadres and civil servants in our country is always
paid special attention to amending, supplementing and creating a legal basis for
building and developing cadres and civil servants in order to contribute to
improving the effectiveness and efficiency of state management and serving the
people. However, in response to urging requirements of national renovation
career, other than the achievements, there have been some certain shortcomings
and limitations in building and development the cadres, civil servants and
officials. There are many reasons for this fact, including law on cadres, civil
servants and officials in general, the law on cadres in particular due to its
incompletion and asynchronism; especially from the institutional perspective, the
current law has not clearly differentiated the objects as cadres and civil servants.
Throughout the process of formation and development of the law on cadres and
civil servants in Vietnam since 1945 until now, the provisions on legal status and
management content for cadres and civil servants have always been paid special
attention to supplementation and completion relatively synchronously and fully;
however, cadres and civil servants have not been differentiated and identified
clearly, the specific regulations for cadres are very few and asynchronous. Many
contents of cadre management are integrated in the general adjustment
mechanism between cadres and civil servants, resulting in difficulties and
obstacles for management of cadres. There are still open contents because there
is no norm of regulation law; Management of cadres is mixed between law,
regulations, rules of the Party and socio-political organizations...
Therefore, in order to improve effectiveness and efficiency of state
management, the important and urgent issue is to promote the role of law to establish
order and discipline in building and developing the cadres, civil servants and
officials, to meet the requirements of building a socialist law-governed state of
Vietnam, reforming the administration and international integration.
From the foresaid analysis, researching "Law on cadres in Vietnam today"
has an urgent meaning both in theory and practice to clarify the role and
characteristics of cadres as the subjects for adjustment of the law in comparison
to other subjects as civil servants and officials; assessing the completeness and
fullness of the legal regulations on cadres to ensure evaluation, use, development
and settlement of responsibilities for the cadres.
2. The research purpose and tasks of the topic
2.1. The research purpose
The overall purpose of the topic is scientific proof for solutions in order
to improve the law on cadres in Vietnam on the basis of clarifying theoretical
issues as well as the real status of law on cadres in Vietnam today.
2.2. The research tasks
- A set of typical research projects related to the thesis topic has been
publicized; Analyzing and commenting to identify the issues solved by the
authors that the thesis may inherit and the thesis’s gaps will have to be resolved.
- Systematizing theoretical awareness of law on cadres.
- Analyzing and assessing the real status of law and practical
implementation of the law on cadres in our country from different viewpoints.
- Proving the objective necessity of improving the law on cadres in
Vietnam today; on that basis, determine the viewpoints and propose specific
solutions to improve the law on cadres in our country today.
3. Objects and studying scope of the project
3.1. The objects of the study
The thesis studies the theoretical and legal issues of cadres in our
3.2. Studying scope
- In respect of content
The thesis only focuses on analyzing the basic contents of the law on
cadres in general (not studying the laws on each title of cadre), including:
Regulations on determining objects of cadres; regulations on the process of
election, approval, appointment, planning, transfer, rotation and evaluation of
cadres; regulations on rights and obligations of cadres; regulations on
responsibilities of cadres; regulations on conditions, criteria and ethical
standards of cadres; regulations on conditions to ensure performance of
cadres’ public services and duties.
- About space: Nationwide.
- About time: From 1945 until now, mainly focusing on the period from
issuance of Law on Cadres and Civil Servants in 2008 to now.
4. Methodology and studying methods
The thesis uses methodology of dialectical materialism and historical
materialism, applying the viewpoints of Marxist-Leninist doctrine, Ho Chi
Minh's thought as well as the guidelines of the Party and the policies of the
Vietnamese Government on the Government and the law, construction and
development of cadres in our country today.
4.2. Studying methods
The thesis uses a number of specific studying methods such as analysis,
comparative summary and history... to apply to in each chapter of the thesis.
5. New scientific contributions of the thesis
Firstly, approach from a angle of public affairs, the thesis studies the issues of
theory and law on cadres comprehensively. The thesis analyzes and gives concepts
and characteristics of cadres. Since then, the thesis continues to build the concept of
law on cadres, pointing out the characteristics of the law on cadres and analyzing
roles as well as the basic contents of the law on cadres in our country.
Secondly, the thesis has generalized, analysed and clarified the adjusted
contents of the law on cadres through phases, especially the current law on
cadres in our country today; give specific and systematic assessments about
the real status of law on cadres.
Thirdly, from a studying viewpoint, the thesis proposes views and
solutions to improve the law in compliance with the political, cultural and
social characteristics of our country. In particular, there is a new proposal to
issue a separate law on cadres.
6. The theoretical and practical significance of the thesis
- Studying results of the thesis contribute to clarifying, giving a more
comprehensive, profound, scientific and practical viewpoint of theory and
law on cadres in Vietnam, contributing to building a theoretical and practical
basis for continuing to improve the law on cadres in Vietnam.
- Studying results of the thesis can be used as reference for researching
and teaching activities at training and improving institutions for cadres and
civil servants. At the same time, the thesis is also a reference source for
relevant agencies and organizations in organizing implementation of laws in
relation to management of cadres and civil servants.
7. The structure of the thesis
Other than the preface, conclusion and list of materials for references,
the thesis content consists of 4 chapters:
Chapter 1: Overview of study situation related to the topic and the
issues to be studied of the thesis.
Chapter 2: Theoretical issues of law on cadres in Vietnam.
Chapter 3: Current situation of law on cadres in Vietnam today.
Chapter 4: Improving the law on cadres in Vietnam today.
OVERVIEW OF STUDY SITUATION RELATED TO THE TOPIC
AND THE ISSUES TO BE STUDIED OF THE THESIS
1.1. Overview of study situation relates to the topic
1.1.1. Group of studying works related to regime of public affairs and
cadres, civil servants
Representative researchs: National level project "Develop forces of
Cadres and Civil Servants in order to meet the needs of Socialist Law-
Governed State - of the people, by the people, for the people" led by PhD.Thang
Van Phuc; Ministerial level project "Reformation of Vietnam Public
Administration nowadays - Situations and Solutions" led by Assoc.Prof /PhD
Trinh Duc Thao; Ministerial level project "Theoretic and Practical fundamental
problems of Vietnam Public Administration from 2006 to 2015 " led by
Assoc.Prof/PhD Vu Thu; Book "Building the Socialist Law-Governed State in
Renovation period" by group of Nguyen Van Yeu, Prof.PhD Le Huu Nghia (coeditors), National Political Publishing House, 2006; Book "Reformation of
Vietnam Administration, Situations and Solutions " by United Nations
Development Programme (UNDP), Political Publishing House, 2009; Reference
book "Human Source Policies of certain countries" Ministry of Home Affairs,
1994; Book "System of Public services and reformation trend of certain
countries’’ by Thang Van Phuc, Nguyen Minh Phương and Nguyen Thu Huyen
(co-editors), National Political Publishing House, 2004; Jurisprudence Doctoral
Thesis "Legal education for the force of cadres and civil servants during
development of Socialist Law-Governed State of Vietnam
" by Nguyen Quoc Suu, Vietnam National University, Faculty of Law, 2010;
Doctoral Thesis of Public Administration Management "Theoretic and Practical
basis of liability, right and responsibility of Vietnamese civil servants
" by Le Nhu Thanh, National Academy of Public Administration, Hanoi, 2009;
Doctoral Thesis of Philosophy "Responsibility of Public services and ethics of
Vietnamese civil servants nowadays" by Cao Minh Cong, Vietnam Academy of
Social Sciences, Ha Nội, 2012; the essay "Improving quality of performance of
Cadres, Civil Servants and Public Administrative Agencies in order to develop
and perfect Socialist Law-Governed State of Vietnam " by MA. Le Van Quyen,
State Organization Journal, No. 5/2012; the essay "Problems within Public
Service" by PhD. Hoang Thi Ngan, State Organization Journal, No. 2/2011; the
essay "Position-based education and improvement for Cadres and Civil
servants" by PhD. Dao Thi Ai Thi, State Organization Journal, No. 198(7-2012);
the essay ‘Develop the force of cadres and civil servants to meet the
requirements of Public Administrative Reformation in the period of 2011-2020 "
by Luu Hai Dang, State Organization Journal, No. 4/2012; the essay "Educating
and Improving the Cadres and Civil Servants from the viewpoint of a variety of
results and evaluation figures", by Doan Van Dung, State Organization Journal,
No. 7/2012; the essay "Improving the performance capacity of the cadres and
civil servants - A challenge to Vietnam Reformation nowadays", Assoc.Prof/PhD
Vo Kim Son, State Organization Journal, No. 200 (9-2012); the essay " Force of
Qualified Cadres and Civil Servants for construction of a strong, effective and
efficient government", PhD. Bui Huy Khien, State Organization Journal, No. 199
(8-2012); the essay "Renovate, improve quality of Management of Cadres and
Civil Servants during
Renovation Period" by Tran Dinh Thang and Nguyen Phuong Thuy, State
Organization Journal, No. 7/2012; the essay " Educate and Improve the force
of Cadres and Civil servants - A specific and specialized form of education"
by Assoc.Prof/PhD Luu Kiem Thanh, State Organization Journal, No.
201(10/2012); the essay "Improving quality of the force of Cadres and Civil
Servants in order to meet the requirements of developing the Socialist LawGoverned State of Vietnam " by MA.Nguyen Hong Chuyen, Democracy and
Law Magazine, No. 7(256), 2013; the essay "Evaluate, employ Cadres and
Civil Servants in certain countries" by Le Quang, Communist Party
Development Magazine), No. 6/2009; Year book of International Seminar
"Tendencies and Experiences of Management on Civil Servants from certain
countries" held by Ministry of Home Affairs, Asian Development Bank
organized in HaLong City, Quang Ninh province, 2006.
In general, these works focus on analyzing the theoretical issues and the
real status of regime of public affairs and cadres, civil servants in Vietnam in
order to propose solutions to build a force of cadres and civil servants
meeting the requirements of administrative reform and building a socialist
law-governed state in Vietnam today.
Furthermore, it is necessary to mention researches on the national
personnel regime of foreign authors regarding reform of public service
system in the countries today in the trend of shifting from traditional
administration to modern administration and development…
1.1.2. Researches related to Laws on Cadres and Civil Servants
Ministerial level research-project "Completion of laws regarding
responsibility of the leader director of Vietnam administration agencies
nowadays - Situations and Solutions", 2009 by Institution of State and Law of
Ho Chi Minh National Academy of Politics;- Grass-root level project
"Responsibility of the leader director of Vietnam administration agencies Theory and Practice" led by Nguyen The Tai as the chairman, 2011;
Monographic book " Laws on Cadres and Civil Servants at commune-level in
Vietnam - Theoretic and Practical Issues", (Politics and Administration
Publishing House), MA. Mac Minh San; Book " Responsibility of Civil Servants
for provision of public service during State Administrative Reform", National
Political Publishing House, 2017, PhD. Tran Nghi; Jurisprudence Doctoral
Thesis "Completion of legal regulations on public service, civil servants in
Vietnam nowadays" by Lương Thanh Cuong, Faculty of Law, Vietnam National
University, 2008; Jurisprudence Doctoral Thesis " Renovation and completion of
Law on Civil Servants in our country", by Nguyen Van Tam, 1997; Jurisprudence
Doctoral Thesis "Completion of laws on recruitment and nomination for civil
servants in our country." by Nguyen Quoc Hiep, Institute of State and Law Vietnam Academy of Social Sciences, 2006.
Jurisprudence Doctoral Thesis "Completion of laws on civil servants,
public service to meet the requirements of the State administrative reform",
by Ta Ngoc Hai, Graduate Academy of Social Sciences, 2011; Jurisprudence
Doctoral Thesis "Civil servants’ legal liabilities in the course of construction
of the law-governed State of Vietnam nowadays " by Ngo Hai Phan, Ho Chi
Minh National Academy of Politics, 2004; Jurisprudence Doctoral Thesis
"Material responsibilities of civil servants Under the Law of Vietnam
nowadays" by Tran Thi Hien, 2008; Doctoral Thesis of Public
Administration Management "Responsibilities of the leaders of Vietnam
administration agencies " by Bui Thi Ngoc Mai, National Academy of Public
Administration, 2015; the essay "Discuss legal reforms on salaries of cadres,
civil servants in Vietnam today" by Le Thi Thanh, Journal of State and Law,
No. 1/2013; the essay "Law’s amendment on ethics of public service in
Vietnam" by Prof/PhD Pham Hong Thai, Legislative Research Magazine, No.
5/2010; Monographic book "Public service's regulations" by PhD. Nguyen
Canh Hop, Judicial Publishing House, 2011; Scientific Seminar
"Competence and responsibility of heads of the executive committee and
authorities in the relation to collective executive committee, agencies and
units" jointly organized by Communist Review and Central Organization
Commission, Bac Ninh Provincial Committee of the Party on 28/6/2012.
Furthermore, it may refer to some articles and magazines written about the
responsibilities of heads of State administrative agencies such as "Differentiating
positions, roles and functions of the Government and the Prime Minister" by the
author Nguyen Phuoc Tho, posted on http://xaydungphapluat.chinhphu.vn on
8/5/2008; the article "The regime of civil servants, public services and the
responsibilities of the heads of administrative agencies of some countries" by
Pham Duc Toan, Le Dinh Mui, published on State Management Magazine, No.
176 (September/ 2010), p.72-76; The article "Renovating the operation
organization of administrative agencies, strengthening the rights and
responsibilities of the heads of agencies" by Nguyen Van Thao posted on the
Information on State Administration Reform of Ministry of Home Affairs, No.
12/2007...; the article "Perfecting the law on public service, civil servants and
legal responsibilities of the civil servants" by Thai Vinh Thang, published on
Journal of Legislative Studies, No. 02/2005, p. 24-32; The article "Public affairs
and public responsibilities in the Law on Cadres and Civil Servants" by Mr. Tran
Anh Tuan, published on Journal of State Organization, No. 11/2009, p. 6-10; the
content "Overview of the legal responsibility regime of cadres, civil servants and
officials" in the Curriculum of Vietnam Administrative Law, 2008;
The book "The World’s affairs - a View" by Nguyen Sy Dung,
Knowledge Publishing House, 2007, including the contents about legal and
political responsibility, p. 34-37; the article "Clarifying the responsibilities in
state administrative management" by Tran Thi Thanh Mai, published on the
Journal of State Organization No. 11/2010. "The use of labor and employment in
the public sector expansion - Province of British Columbia" by Anne Richmond
scholar - an expert from Canada's Policy Implementation Assistance Project
(PIAP), presented at the scientific seminar "Law on Officials", jointly organized
by the National Assembly's Law Committee and the Policy Implementation
Assistance Project (PIAP in Hue on 11-12 March 2010.
The researches in this group directly mention adjustment of the law on
cadres and civil servants, thereby interpreting orientations and solutions to
improve the law on cadres and civil servants in general and the law on
1.2. General evaluation of studying situation in relation to the
1.2.1. The research results inherted and developed by the thesis
- The published researches mentioned and analysed some contents about
cadres and civil servants; organization of personnels and orientations to
improve management efficiency of cadres and civil servants, thereby
clarifying some issues of cadres and civil servants in both institutional and
practical angles of implementation of law. The published researches also
directly and indirectly referred to the law on cadres in our country in many
different angles. This is a starting point and an important premise of the
thesis for researching and analysing theoretical and practical issues about
cadres in the context of speeding up completion of institutions and building
the socialist law-governed state in our country.
- The above-mentioned scientific works have also contributed to clarify the
theoretical and practical issues of management of cadres and law on cadres
against the requirements of life. Among them, many interpretations, scientific
contentions have been applied to the practice and obtained positive results, such
as: renovation of recruitment and nomination of cadres; reform of salary policy;
- Many researches have relatively generalized the current situation of
cadres, civil servants and officials; shortcomings and inadequacies in the
institution of management of cadres in our country; scientific principles and
experiences in organization of public service activities of some countries in
the world... thereby enabling the author to study and compare with the
current status of cadres in our country and can explain and propose some
solutions to improve the law on cadres; improve the quality of state
management of cadres in our country.
1.2.2. The issues that have not been thoroughly resolved should be
Basing on inheritance and selection of previous studying results, the
thesis continues to study and solve the following specific issues:
Firstly, theoretically, it must be clarified:
- What is the law on cadres; analysing the characteristics and contents of
the law on cadres; clarifying the role of law on content and in Vietnam.
- Analysing and clarifying the influencing factors as well as conditions
to ensure implementation of law on cadres in Vietnam.
- Studying the law on cadres and civil servants in some countries in the
world, learning about some experiences for completion of the law on cadres
Secondly, practically focus on the following issues:
- Overal researching the development process of law on cadres in
Vietnam from 1945 to present.
- Analysing and assessing the current status of the law on cadres in
Vietnam, pointing out the advantages to be promoted, and finding out the
limitations and causes of the limitations.
Thirdly, proving the necessities of completion of the law on cadres, identifying
viewpoints and proposing solutions to upgrade the law on cadres in the context of
building the socialist law-governed state and international integration.
Theoretical proofs of viewpoints and propose specific and comprehensive
solutions in order to improve the law on cadres in Vietnam today.
1.2.3. Research hypothesis and questions
22.214.171.124. Research hypothesis
The law on cadres in Vietnam, if sufficient, appropriate and wellorganized, will create a premise and a basis for ensuring the quality of the
cadres, contributing to enhancing the quality of human resources of the
Vietnamese political system today.
The law on cadres in Vietnam has been formed but there are still gaps
and low possibility of realization. Therefore, improvement of the law on
cadres in Vietnam is becoming an urgent issue, which is one of the decisive
factors in the process of building and improving the quality of cadres, civil
servants, making significant contribution to the success of renovation of the
political system in Vietnam today.
126.96.36.199. Research questions
To implement the topic, the thesis needs to solve the following research
- What contents do the law on cadres in Vietnam consist of and which
factors is it affected by?
- What is the current status of the law on cadres in Vietnam? What are
the advantages and limitations? What are the causes of such advantages and
- To perfect the law on cadres in Vietnam, which solutions and opinions
should it be based on?
THE THEORECTICAL ISSUES OF LAW ON CADRES IN VIETNAM
2.1. Concept of cadres and law on cadres in Vietnam
2.1.1. Concepts, characteristics of cadres
188.8.131.52. Concepts of cadres
In Vietnam, "cadre" is a term that has been used popularly in daily social
life and in law with various understandings and uses causing difficulties in
approaching the connotation of the concept "cadre" in the viewpoint of
jurisprudence. However, differentiation in law has been shown in this way or
another when it is stipulated three subjects working the agencies of the
Communist Party of Vietnam, the State, socio-political organizations, they
are the regular staff and entitled to payroll from the state budget including
cadres, civil servants and officials.
From the fact that there is no unity in terms of awareness, differentiation of
subjects, so it is difficult to give a concept ‘cadre’ with perfect and complete
connotation. However, in our country, it can be said that cadres are Vietnamese
citizens who are elected, approved and appointed to hold posts and titles in
accordance with term of office in the agencies of the Communist Party of Vietnam
and State as well as socio-political organizations at the central and local
governments as the regular staff and entitled to payroll from the state budget.
184.108.40.206. Characteristics of cadres
With the concept of cadres as mentioned above, some basic
characteristics of cadres can be identified as follows:
Firstly, cadres hold posts and titles in accordance with the term of office
through election, approval and appointment mechanisms.
Secondly, the work nature of the cadres associated with planning and
Thirdly, cadres are entitled to payroll according to positions and titles.
Fourthly, the working places of cadres are in the agencies of the
Communist Party of Vietnam, State and socio-political organizations at the
central, provincial and district levels.
2.1.2. Concepts, characteristics, role of law on cadres
220.127.116.11. The concept of law on cadres
Referring to the law on cadres, it shall refer to the following key issues:
- Subjects under adjustment of the law on cadres
- Scope of adjustment of the law on cadres
Accordingly, consideration and interpretation of the scope of the law on
cadres should be identified vertically, horizontally of the state organization
and the political system as well as additional relations associated with the
subjects as the cadres in practice.
From the above explanations, it is possible to give the concept: The law
on cadres is the overall legal norms promulgated by competent state
agencies to regulate social relations in relation to rights, duties and
responsibilities of cadres in the process of implementation of public duties
and specific tasks.
18.104.22.168. The characteristics of law on cadres
Pháp luật về cán bộ là một bộ phận cấu thành của hệ thống pháp luật
nên bên cạnh những đặc điểm chung của pháp luật, pháp luật về cán bộ còn
có những đặc thù riêng:
Because the law on cadres is an integral part of the legal system, other
than the general characteristics of law, the law on cadres also has its own
Firstly, the law on cadres institutionalizes the Party's viewpoints and
guidelines on building cadres to meet the requirements of the renovation
cause of the country.
Secondly, the law on cadres has tight and organic relations with the law
on civil servants and public services.
Thirdly, the law on cadres is recognized in many legal documents with
different value and legal validity.
22.214.171.124. The role of law on cadres
The law on cadres plays an important role in managing and using the
cadres in Vietnam:
Firstly, the law on cadres is a legal basis for selection, management and
use of cadres.
Secondly, the law on cadres is a basis for cadres to do their tasks.
Thirdly, the law on cadres is the basis for controlling cadres’ activities.
Fourthly, the law on cadres is the basis for evaluating cadres.
2.2. Requirement and content of law on cadres in Vietnam
2.2.1. Requirement for law on cadres in Vietnam
Firstly, the law must clearly define the position and role of cadres.
To enable the cadres to really perform their responsibilities and take
responsibility for their works, the position and role of cadres need to be
established in a real manner. In other words, only when the position and role
of the cadres are clearly defined, the real responsibilities of the cadres can be
defined and cadres can fulfill their responsibilities in a real way.
Secondly, the law must clearly define the obligations and rights as well
as the responsibilities of the cadres.
To improve the responsibilities of cadres, the top requirement is that the
assignment of responsibilities must be clear. Therefore, to enable the cadres
to fulfill their responsibilities, obligations, rights and responsibilities should
be clearly defined.
Thirdly, the law must ensure compatibility between the factors:
Obligations - Rights - Responsibility of the cadres.
This requirement means that the cadres cannot only accept their rights
but does not fulfill their obligations and take no responsibility; it is also
impossible to require the cadres to fulfill their obligations and take
responsibility without giving them adequate rights and interests. Three
elements of Obligation, Rights and Responsibility of cadres must always be
jointly established in a close and compatible relationship.
2.2.2. Content of the law on cadres
126.96.36.199. Conception of the content of the law on cadres
The content of the law on cadres is understood as the specific rules of
conduct issued by the State in the form of legal documents regulating social
relations in relation to the legal status of cadres.
Legal status of cadres is the overall rights and obligations that create the
position of cadres in relation to other legal entities based on the legal
provisions. Through the legal status of cadres, it is possible to distinguish
and assess the position and importance of cadres with other subjects (civil
servants and officials) as well as the duties, rights and responsibilities of
cadres in performance of the public affairs and assignments.
The legal provisions on the legal status of cadres include: Scope of
subjects as cadres; conditions and criteria to be appointed as officials; rights,
obligations and responsibilities of cadres; management principles of cadres;
reward and discipline of cadres.... All these regulations constitute the content
of the law on cadres.
188.8.131.52. The basic contents of law on cadres
Basing on the provisions of the current law, it can be seen that the
contents of the law on cadres consist of the following basic contents:
Firstly, identify the subject of cadres.
Secondly, regulations on the process of election, approval, appointment,
planning, transfer and rotation on cadres.
Thirdly, regulations on the rights and obligations of cadres.
Fourthly, regulations on the responsibilities of cadres.
Fifthly, regulations on conditions, standards, ethical standards of cadres.
Sixthly, regulations on conditions to ensure performance of public
services and duties of cadres.
In brief, with the contents of the law on cadres as mentioned above, it
can be seen that the regulation of law on cadres is very diversified and
plentiful. The regulations governing the operation of cadres are not only
reflected in the legal documents on cadres and civil servants in general, such
as the Law on Cadres and Civil Servants; decrees, circulars guiding the
implementation but also expressing in many other legal documents related to
the titles and positions of cadres, the nature of public services and duties of
cadres such as: Law on Organization of National Assembly; Law on
Organization of the Government; Law on Anti-Corruption; Law on Thrift
Practice And Waste Combat...
2.3. Factors affecting law on cadres in Vietnam
2.3.1. The Party's guidelines and policies on the importance of cadre
work The Party's guidelines and policies have an important influence on the
construction and completion of the law in general and the law on cadres in
particular. The Party’s guidelines and policies impacting on construction and
improvement of the law on cadres are expressed in two aspects: i) The Party's
leadership guidelines on improvement of law; ii) Party’s leadership guidelines on
building cadres. The legal documents under the orientation of the Party are
supplemented and revised by competent state agencies to adjust appropriately
and timely in proportion to each stage of development of the country.
2.3.2. Policies of construction and development of cadres and civil
servants, especially cadres.
In cadre work, the right and rational policy system will encourage
cadres to be active, enthusiastic, devoted to their work, improve their sense
of responsibility and work ethics. The promulgation of appropriate and
timely policies will contribute to building a formal and modern civil service
with a strongly political contingent, exemplary morality, and good lifestyle as
well as intelligence, knowledge and practical operation capacity, sticking
with the citizens. The system of State policies has contributed to the
improvement of professional qualifications as well as material life of cadres
in such aspects as: Policies for attracting and recruiting employees; policies
on training, retraining, salary policies, preferential regimes, etc.
2.3.3 The awareness of competent authorities in advising and
promulgating legal documents on cadres
Only when the authorities are aware of the importance of issuing legal
documents on cadres, they are able to organize effectively the construction of
documents. The contingent of staff involved in the development and
promulgation of legal documents on cadres requires a thorough
understanding of the party's policy directions and views on cadre work in
order to ensure proper institutionalization, sufficient and feasible while the
legal normative documents are issued and implemented in social life.
2.3.4 Organizational structure and capacity of advisory agencies in
creating legal documents on cadres
The specialized agencies of the competent agencies issue the legal
documents, in addition, human factors play a crucial role in the promulgation
of legal documents and significantly affect on the quality of the documents.
2.3.5 Mechanism of coordination among relevant agencies in advising
on building and promulgating legal documents on cadres
The process of issuing legal documents includes many stages and
successive steps based on strict order and procedures prescribed by law.
Therefore, in order to ensure the quality and effectiveness of the
promulgation of legal documents, it is necessary to have close and effective
coordination among relevant agencies.
CURRENT SITUATION OF LEGAL REGULATIONS
ON CADRES IN VIETNAM
3.1. The process of formation and development of legal laws on
cadre in Vietnam in the year 1945 up to present
3.1.1. The period from 1946 to 1959
After the successful August 1945 Revolution, the Democratic Republic
of Vietnam was born. In order to have a dedicated staff of the Government
and benefit for residents, the Republican Democratic Republic signed the
Decree No.188 / Law and Decree No. 76 / Law regulating public servants
under the professional regime with democratic and scientific contents,
however, under the legal perspective, these provisions have not yet about
"cadres". In the social life, the term "cadre" is now used to refer to those
involved in revolution, working in state agencies, Communist Party agencies,
political and social organizations, enterprise belonging to the state’s
3.1.2. The period from 1959 to 1980
During this period, the term "cadre" was mentioned in a number of legal
documents, although there were provisions to classify officials and
employees, but from a legal perspective, the use of terminology officials are
still associated with the position system in administrative, career and
enterprise agencies and associated with training expertise ("technical staff" or
At this time, it was noticeable that for the first time the 1959 Constitution
provided for a principle of obligation to officials. With the promulgation of a
number of legal documents at this stage, it can be said that the law on cadres had
completed a step and created a basis for the management of staff, workers and
employees during the peaceful period interfered by the war time. However, the
scope of the subjects was officials who did not have a clear distinction between
other workers in state agencies, Party agencies, socio-political organizations and
state-owned enterprises which were collectively referred to in the concept of
"state officials and employees".
3.1.3. The period from 1980 to 1992
During this period, the introduction of the 1980 Constitution created a
legal basis for the improvement of the law in general and the law on officials
in particular in the context of national unification. The 1980 Constitution
mentioned the concept of "state employees" (Article 8) and "state officials"
(Article 107), but there were no legal documents specifying which subjects
were State employees and those who were government officials, the term
"state officials and employees" continued to be a general concept for people
working in the state apparatus from central to local levels.
In general, during this period, although the competent authorities had
issued a number of new legal documents, basically, the law on cadres still
had not completed significantly compared to the previous period. In
particular, there was still no clear distinction between the subjects who were
officials but still existed the concept of "public employees" or "officials,
workers and employees" so that there were regulatory provisions
peculiarities in management and use of "officials, workers and employees"
according to ranks and grades. Initially, it was possible to distinguish
between civil servants and other officials and employees working in state
agencies, Party and mass organizations.
3.1.4. The period from 1992 to 2013
This was the period marked by the renovation of our country and the
promulgation of the 1992 Constitution - the Constitution of the renovation period
according to the Resolution of the 6th National Congress of the Party (12/1986).
In this period, it was noticeable that the documents with high legal value
stipulate about officials and public servants below:
- Ordinance on cadres and civil servants in 1998 on February 26, 1998,
Standing Committee of the 10th National Assembly approved the Ordinance
on Cadre and Civil servants (effective from May 1, 1998) and guiding
documents have created a relatively legal framework to improve the
adjustment of issues of cadres and civil servants and create a basis for
building a contingent of cadres and civil servants to meet the requirements of
organizational renewal and operation of the state apparatus.
However, according to the Ordinance on Cadre and Civil servants in
1998, cadres and civil servants have not been separated and collectively
referred to as "cadres and civil servants", so there is no clear separation of
the rights and obligations between cadres and civil servants.
- In a period of 5 years, the Ordinance on Cadre and Civil servants in 1998
was amended twice, namely: Ordinance on amending and supplementing a
number of articles of the Ordinance on Cadre and Civil servants on April 28
2000 and the Ordinance amending and supplementing a number of articles of the
Ordinance on Cadre and Civil servants on April 29, 2003.
- The important milestone in the law on civil servants in general and the
law on cadres in particular was the birth of the Law on Civil Servants and
Civil Servants in 2008 and its guiding documents. With the system of abovementioned legal documents, especially the Law on Cadres and civil servants
in 2008, there was a distinction, clarifying "cadre" with other subjects as
"civil servants", "officials".
3.1.5. The period from 2013 up to present
Currently, in addition to the provisions of the 2013 Constitution, the current
legal regulations on cadres have been reflected in many legal documents.
3.2. The basic contents of the current legal law on cadres in Vietnam
3.2.1. Regulating the subject is cadre
This is the first content that necessitates to be determined. In fact, the
current laws do not have direct regulations on the subject of cadres, except
for civil servants. Therefore, the identification of officials through the Law
on Cadres and civil servants should use the method of eliminating the subject
of civil servants under the Decree No. 06/2010/ND-CP dated on January 25,
2010 regulating those who are civil servants.
3.2.2. Regulations on election, approval, appointment, planning,
transfer and alternation of cadres
Thus, the Law o Cadres and civil servants only regulates general issues
related to the arising, change and termination of relations on rights,
obligations and responsibilities of cadres, in order to implement and specify
the above-mentioned issues, it is necessary to pursuant to the referenced
provisions of relevant legal documents. The planning, transfer and
alternation of leading officials at all levels are mainly carried out in
accordance with the Party's regulations.
3.2.3. Regulations on rights and obligations of cadres
- Cadres' rights: cadres have rights and interests and conditions to
ensure the performance of certain tasks and missions, such as: right to
guarantee the conditions for performing public duties; Salary and salaryrelated issues; right to have a rest; other rights of cadres and civil servants.
- Cadres’ obligations: The obligations of cadres can be divided into
many groups such as: Obligations to the Party, State and people; Obligations
in performing public duties; Obligation as the head.
3.2.4. Regulations on the responsibilities of Cadres
Responsibilities of cadres are regulated in the following basic aspects:
- Responsibilities in implementing tasks and rights according to the
provisions of the Constitution, laws and charters of organizations where
cadres are members.
- Responsibility to the Party, State, people and competent state agencies
and organizations on the performance of assigned tasks and powers.
- Legal responsibility of cadres.
This is a group of responsibilities showing the adverse consequences
that cadres have to bear when committing activities against the law, showing
special relationship between cadres and the Party, State and People. There
are following legal responsibilities:
+ Disciplinary responsibility of cadres;
+ Criminal responsibility;
+ Compensation responsibility to the State.
3.2.5. Regulations on cadre evaluation
The evaluation of cadres includes 05 contents: abiding by the Party's
guidelines and policies of Communist Party and State's laws; Political and
moral qualities, lifestyle and working style; Capability of leadership,
management and implementing tasks; Responsibility in work; Results of
performing assigned tasks.
3.2.6. Regulations on conditions to ensure the performance of public
duties, tasks and honoring, rewarding cadres
In order to ensure the effective implementation of official duties and
duties of cadres and civil servants, the Law on Cadres and civil servants
stipulates the rights of cadres. In addition, due to the positions and titles
undertaken, cadres are also assured of the certain conditions and
remuneration for official-duty houses; equipment for working in offices;
vehicles for public service. In terms of the content of commendation, the law
on cadres stipulates that cadres with meritorious achievements in public
service shall be commended and rewarded according to the provisions of law
on emulation and commendation. If cadres are rewarded for their outstanding
achievements or merits, they shall be entitled to a wage increase before the
expiry date and shall be given priority when considering the appointment of
higher positions in case there is a demand of, organizations.
3.3. Assessment of curret legislation on cadres in Vietnam
3.3.1. Advantages and reasons leading to those advantages
Firstly, the current law on basic cadres has been completed to meet the
requirements of adjusting the performance of civil servants' duties and duties as
well as contributing to ensuring the effectiveness of cadre management. This is
clearly reflected in the increasing number of legal documents on cadres,
especially there are many legal documents with high legal value (law) and issues
of cadre arrangement need to be more diverse and comprehensive.
Secondly, the content of legal regulations on cadres has covered the
basic issues, thus creating a relatively adequate legal basis for adjusting the
behavior of cadres when participating in social relations in public services.
Thirdly, from a practical perspective, the law on cadres has created a basis
for building a contingent of cadres to meet the requirements of constructing a
law-governed state and international integration in our country today.
Fourthly, regarding the quality of cadres and general evaluations, it can
be seen that the contingent of cadres in our country has shown a strong
political capability and the capacity to perform public duties.
184.108.40.206. The reasons of these advantages
- The consistency of the Party's and State's policies and guidelines on
building and perfecting the legal system in general and the law on cadres in
particular in terms of renovation and constructing a socialist law-governed
state is both the reason and the premise for perfecting the law on cadres.
- The timely leadership and direction of Party committees from the
central to local levels and the direction and administration of state agencies
in implementing the targeted objectives in the organization of personnel.
- The Consensus, participation and support of the political system and
the people in the process of completing and implementing the law on cadres
3.3.2. Disadvantages and causes
First, the current law on cadres has not really given a clear concept of
"cadres" in order to distinguish them with other people working in the Party,
State and socio - political organizations.
In addition, because there is no clear and scientific separation between
cadres and civil servants, the current laws do not have clear criteria to
distinguish the cadres working in the Communist Party of Vietnam, the State
agencies with those who work in socio-political organizations according to
the characteristics of the assigned tasks and missions.
Second, the legal regulations on cadres are scattered in many different
documents and lack of uniformity and consistency.
Third, the constitutionality and legality of the law on cadres are not
Fourth, the current law on cadres regulates too many focal points with
different authorities, so the management and evaluation of cadres are
overlapping and complicated.
Fifth, the election, approval, appointment, evaluation, use, transfer,
alternation, dismissal of cadres have many problems and shortcomings.
Sixth, there are many shortcomings in the legal regulations on
disciplining of cadres.
Seventh, the implementation of the law on cadres in the past also has
certain shortcomings and limitations.
220.127.116.11. The causes of the disadvantages
- The construction of the law in general, the law on cadres in particular
is based on economic and social foundation, limited in budget, centralized
management mechanism, bureaucracy, subsidies and administrative orders.
- Considering from the perspective of state management, the State has
no clear and transparent legal thinking in developing and promulgating legal
regulations to specifically regulate cadres as well as for civil servants,
therefore, the regime, policies, rights and obligations between cadres and
public servants are currently not clearly defined.
- The adjustment of the law on cadres is not based on the nature of the
official duties, cadres' duties and the characteristics of each agency or
organization. Especially, there are currently no regulations to separate
between cadres working in the Party and socio - political organizations and
those working in state agencies in general and state administrative agencies
COMPLETION OF THE CURRENT LAW ON CADRES IN VIETNAM
4.1. The necessity of completion of the law on cadres in Vietnam
Stemming from the requirement of building and developing the country
and the current legal status of cadres, the improvement of the law on cadres
is inevitable in order to meet the objective requirements of the need for
renewal of the main system treatment in our country today.
4.1.1. Institutionalizing the Party's guidelines and policies on cadres
working in the new situation
In the coming time, it is necessary to continue to appreciate the
importance of the institutionalization and concretization of the process in
organizing the implementation of the Party's undertakings and resolutions on
organization and cadres. Cadres' strategies should be specified and
institutionalized into legal documents, creating a unified legal basis for the
organization of implementation. It is important to have the specific
mechanisms for cadres, party members and people to actively participate in
cadre work and supervision of cadres, etc...
4.1.2. Meeting the development requirements of the market economy
and international integration
The development of the socialist-oriented market economy and
international integration in our country has been focused on research. In
order to achieve this goal, it is necessary to improve the legal system,
mechanisms and policies and create a synchronous legal basis. This depends
mainly on human resources - policy makers and law makers and ensuring the
implementation of international integration requirements. Therefore, it is
necessary to create a legal framework for the operation of the cadres,
including legal provisions on cadres.
4.1.3. Meet the requirements of constructing a socialist law-governed
state of the people, by the people and for the people
In the law-governed state, the most important requirement is that all
activities of the state, organizations and individuals must be on the basis of
law. Therefore, the improvement of the law on cadres at the request of
building a socialist law-governed state in our country has a particularly
important meaning to institutionalize the Party's guidelines, views and
solutions on cadre work.
4.1.4. Meeting the requirements of improving the quality of cadres in
the process of industrialization and modernization of the country
In order to meet the requirements of industrialization and modernization
of the country, the improvement of the law on cadres is the basis for making
specific legal criteria to clearly define the legal status as well as the role of
cadres and create a basis for building qualified cadres to meet the
requirements of the new period.
4.1.5. Overcoming the shortcomings and limitations of the current law
In order to overcome the shortcomings and limitations of the current law
on cadres, in the context of constructing the current law-governed state, it is
inevitable that there must be innovations and improvement of the law on
cadres to set up full legal basis in accordance with the criteria of completing
the law in general making contribution to improve the effectiveness and
efficiency of the political system’s operation in general and the state’s
operation in particular.
4.2. Viewpoints of completion of the current law on cadres in Vietnam
4.2.1. Completing the law on cadres must ensure a thorough grasp of
the Party's views and guidelines on building cadres
In order to make the requirements for cadres in the Party's documents
come to life, completing the law is an important and urgent issue.
4.2.2. Completing the law on cadre must contribute to building a
contingent of cadres who really are servants of the people, building a
transparent and effective civil service
Building and developing the contingent of cadres and civil servants in
general and the cadres in particular is a strategic task of our Party and State. In
order to build a contingent of cadres who meet basic requirements, it is necessary
to complete the civil service regime and cadre management mechanism in
association with the Party's leadership innovation on cadre work.
4.2.3. Completing the law on cadre must ensure the inheritance and
promote the legal values of cadres in history and international experience
in building public service regimes
Completing the law on cadres must be included in the overall
improvement of public service and selective international experience is an
4.2.4. Completing the law on cadres must be based on criteria and
ensure harmony with the perfection of the general legal system
The quality of the legal system is the basis to ensure effective
enforcement of the law. Therefore, assessing the completeness of the legal
system in general and the law on a specific field need to approve the adjusted
content of the law with certain criteria to identify and evaluate the adequacy,
consistent, consistent and effective of those legal regulations.
4.3. Solutions for completion of the current law on cadres in Vietnam
Based on the identification of the content and reality of the law of cadres in
our country today, it is necessary to pay attention to the following basic solutions.
4.3.1. Completing regulations on the title criteria of cadres
The completion of the regulations on title standards and cadres rankings
should closely follow the objectives of building the cadres for the 2011-2020
period, which has been set according to the Resolution of the 11th Party
Congress: "Building teams cadres, civil servants and cadres have good moral
qualities and political character. They are people who are capable, dedicated
to serving the people and have high professionalism ". Particularly for cadres
and requirements, the criteria set out are: Having a strong, ethical, healthy
and non-bureaucratic political character; having innovative, creative
thinking, professional knowledge, meeting the requirements of the period of
accelerating industrialization and modernization, having a spirit of solidarity,
cooperation and a sense of discipline high and scientific working style
respects the collective, attaches to the people, dares to think, dare to do, dare
to take responsibility. Since then, the improvement of the legal documents on
standards of cadres should be associated with the positions, positions and
titles of cadres to create a basis for the evaluation, management and use of
cadres, ensuring accuracy, objectivity and fairness for cadres.
4.3.2. Completing the legal regulations on election, approval,
appointment, transfer and cadres rotation
From the alarming situation of mistakes in the past time, it is necessary
to be aware of the risks and harms of weaknesses in cadre work causing the
operation of the state apparatus as well as the politic system. The important
link is to overcome weaknesses; discover and complement the "gaps" in law
and institutions, clearly reflected in the planning, rotation and appointment of
the past time.
On that basis, attention should be paid to modifying a number of legal
documents along the direction of renewing the planning, promotion,
appointment and rotation processes, strictly abiding by regulations on
standards, conditions and processes, quantity, age...
4.3.3. Finalizing regulations on cadres evaluation
The completion of legal regulations on cadre evaluation in the coming time
should develop specific criteria and contents based on the results of the assigned
tasks, in which cadres need to focus on regulation criteria and contents to prevent
and handle responsibilities for cadres who fail to fulfill their tasks, violate
discipline and lose credibility with the people. Especially, specifying the duties
and powers of cadres corresponding to their responsibilities and having a strict
regime for acts of law violation, disciplinary violations, and violations of public
morals, especially regulations on inspection and supervision of cadres in the
performance of duties and duties.
4.3.4. Completing regulations on disciplinary cadres
It is necessary to issue a decree detailing and guiding the
implementation of the provisions of the Law on Cadre and civil servants
related to disciplinary action against cadres.
The decree on disciplining cadres should have the following basic contents:
- The general provisions include the scope of adjustment and the object
of application (including those who are retired cadres who commit
disciplinary violations during the incumbent period), the discipline of
disciplining, disciplinary actions, cases that have not yet been disciplined,
and cases exempted from disciplinary responsibility.
- Statute of limitations and disciplinary deadlines.
- Apply discipline.
- Jurisdiction to discipline, order and disciplinary procedures.
- Other regulations regarding disciplinary action.
4.3.5. Finalizing regulations on conditions to ensure the performance
of public duties and duties of cadres
Researching and completing salary policies and remuneration policies,
appropriate standards and norms for cadres will ensure to contribute to
improving the quality of our cadres in the current period.
4.3.6. Completing the regulations on coordination mechanism
between the cadre management agency and organizations in implementing
and supervising the implementation of the law on cadre
It is necessary to build and strengthen the coordinating mechanism of
cadre management of Party’s agencies and organizations with the
management of agencies and the people's supervision for cadres.
4.3.7. Completing regulations on decentralization of cadres management
Completing cadre management institutions is considered an important
condition to improve the quality and effectiveness of cadres in the current
conditions. A number of contents to complete the regulations on cadres
management should be focused on: completing the regulations on assessing
cadres in the direction of associating with results, work efficiency and promoting
the responsibility of the head; implement the superior principle to assess the
lower level, in accordance with the characteristics and nature of activities of each
cadres member; elaborate regulations and monitor and regularly monitor and
supervise the performance of tasks of each cadre and civil servant; perfecting
regulations on cadres assignment, cadres management decentralization...
4.3.8. Completing other legal provisions related to cadres
The law on cadres is an important part of the legal system on civil servants
and civil servants, so in fact, besides legal documents, there are many regulations
and direct adjustments on cadres. Legal regulations in other legal documents also
indirectly adjust to cadres, so it is necessary to complete the system of these
regulations to create as synchronic system of cadre arrangement.
4.3.9. Studying and evaluating at the aim to formulate a separate law
Research and evaluation aims to formulate a separate law on cadre,
which is the most core issue in improving the law on cadre. On the basis of
studying the theory as well as the law practice on cadres in Vietnam over the
past time, the thesis proposes the following two options:
- Option 1: Promulgating the Law on Public Service.
According to this plan, the Law on Public Service will unify the
adjustment of the activities of both cadres and civil servants, clearly defining
the scope of subjects being civil servants (including subjects being cadres in
State apparatus as at present). Those who work in Party agencies and sociopolitical organizations will be governed under the documents of the Party
and socio-political organizations.
- Option 2: Promulgating the Law on Cadre
According to this plan, cadres and civil servants are governed by specific
laws, namely the Law on Cadre and the Law on Civil Servant, whereby if based
on the public nature of the relationship between the State and citizens, then civil
servants may only be working subjects in the agency system in the state
apparatus; while the cadres will limit the scope of those who work in the
agencies of the Party, political organizations and socio-political organizations.
Such provision will ensure appropriate, homogeneous relationships between
cadres, civil servants and public cadres who are separately regulated by a law
(Law on Cadre, Law on Civil Servant and Law on Public Employees), at the
same time, separate the adjustment of civil servants and cadres will be consistent
with the law on civil servants and civil servants of many countries in the world,
in accordance with the provisions of the Constitution on organization and
operation of the state apparatus (according to which the state apparatus includes:
the system of legislative, executive and judicial bodies).
Based on the study of some theoretical issues and the legal status of
cadres in Vietnam, the thesis draws some conclusions as follows:
1. In Vietnam, studying the legal history in our country from 1945 to
present and on the basis of the current legal provisions, it is possible that:
Vietnamese citizens are elected, approved, and appointed to hold positions
and titles in the Communist Party of Vietnam, the State, socio-political
organizations at the central and local levels, on the payroll and receive
salaries from the State’s budget.
2. Compared to other subjects, civil servants and public servants, cadres
have some basic characteristics: cadres who hold positions and titles by term
through the election, approval and appointment mechanisms; the nature of
the work of cadres associated with planning and issuing policies; cadres who
are paid according to positions, titles and scope of working agencies of
cadres are agencies of the Party, State and socio-political organizations at the
central, provincial and district levels.
3. To ensure the operation of the cadres with its own characteristics, it is
necessary to build a system of appropriate legal regulations to regulate the
relationships arising in the operations of cadres. The law on cadre is an
overall legal regulation issued by a competent state agency to identify
subjects who are cadres and adjust social relations related to powers and
obligations, responsibilities of cadres in the process of implementing public
duties and specific tasks.
4. Current law on basic cadres has been completed to meet the
requirements of adjusting the performance of civil servants' duties and duties as
well as contributing to ensuring the effectiveness of current cadre management.
The content of the law on cadres is very diverse and rich, including basic issues
such as identification of cadres; regulations on the election process, approval,
appointment, planning, transfer and cadres rotation; regulations on rights and
obligations of cadres; regulations on responsibilities of cadres; regulations on
conditions, standards and ethical standards of cadres; regulations on conditions
to ensure the performance of public duties and cadres' duties have created a
relatively adequate legal basis for building a contingent of cadres to meet the
requirements of building a law-governed state and association. International
import in our country today.
5. The current law on cadre still has some shortcomings, basic limitations
such as: having no clear concept of "cadres" to distinguish them from other
people working in Party agencies, State, socio-political organizations, therefore
there is no a basis for creating a separate legal corridors on cadre arrangement;
The legal regulations on cadres are scattered in many different documents and
inconsistent and synchronous and have not ensured the