The Ministry of Home Affairs has proposed granting immunity from responsibility for public officials and civil servants who demonstrate innovation and are willing to take bold actions.

In cases where they are ordered to carry out unlawful tasks by superiors, they must report it. However, if they are still required to proceed, they will not be held liable for the consequences.

Specifically, Article 10 of the draft amended Law on Cadres and Civil Servants clearly states that civil servants are encouraged, rewarded, and considered for accelerated promotion when they achieve success through innovation and a willingness to think and act boldly.

In addition, officials and civil servants may be exempt from responsibility when mistakes or damages occur in the execution of such tasks.

According to the draft law, public officials must carry a sense of responsibility in their work. It is strictly forbidden to show avoidance, pass responsibility, or fail to perform duties fully and properly without legitimate reasons.

When a decision from a superior appears to be unlawful, the public official is required to report it in writing to the person issuing the order. If the superior insists on implementation, the order must also be issued in writing. In this case, the person executing the task must comply but will not be held responsible for the consequences of the action.

Furthermore, the executor must also report the matter to the direct superior of the one who issued the order. The individual who gave the directive must take legal responsibility for their decision.

In Article 7 concerning professional ethics, the draft law emphasizes that public officials must not allow their family members, relatives, or others to exploit their positions for personal gain. They are also expected to uphold the reputation and honor of themselves, their leaders, colleagues, and affiliated institutions or organizations.

Civil servants must not engage in or allow behavior that discriminates based on ethnicity, gender, education level, occupation, or social status.

Additionally, the Ministry of Home Affairs has added regulations on periodic assessments to implement a filtering mechanism for the workforce. This competitive model is designed with principles of “in and out, up and down,” to resolve the issue of lifelong civil servant tenure.

The amended draft law on Cadres and Civil Servants comprises 47 articles and is currently being circulated for public feedback before being submitted to the National Assembly for review during its upcoming ninth session.

Nguyen Thao