In the draft submission to the Law on Cadres and Civil Servants (amended), the Ministry of Home Affairs cited the current Law on Cadres and Civil Servants, which stipulates that the principle of cadre and civil servant management is a combination of title standards, job positions and staffing quotas; the use, assessment and classification of the quality of cadres and civil servants must be based on political qualities, ethics and capacity to perform public duties, which is not entirely based on job positions.

Minister of Home Affairs Pham Thi Thanh Tra.
At the same time, the concept of job position in the Law is a job associated with title, position, structure and civil servant rank to determine the payroll and arrange and use civil servants.
This leads to the implementation of identifying and describing job positions overlapping with civil servant standards, causing many difficulties in practice, not meeting the requirements of streamlining payroll and restructuring, improving the quality of civil servants according to job positions.
Therefore, in the draft Law, the Ministry of Home Affairs added Chapter III regulating the content of job positions with 4 articles (from article 11 to article 14) including: Concept of job position, classification of job positions; basis for determining job positions; changing job positions and content of job position management.
Accordingly, Article 12 of the draft law details four bases for determining job positions at units.
One is the functions, tasks, powers, and organizational structure of the agency, organization, or unit.
Second is the level of complexity, nature, characteristics, scale of operation; scope, service objects; professional and technical management process according to regulations of specialized laws.
Third is the level of modernization of offices, equipment, working facilities, application of information technology, and digital transformation.
Fourth, local agencies and organizations are based on geographical location; nature, scale, population structure; economic growth rate and urbanization; socio-economic development strategy; local security and order situation.
Based on the above, the agency or organization managing civil servants shall issue regulations on methods and content of examinations to organize examinations and assessments of civil servants in order to arrange and assign them to jobs suitable to their capacity and qualifications according to the job position.
In particular, the Ministry of Home Affairs also drafted a method of recruiting civil servants according to job positions (Article 23).
Specifically, recruitment of civil servants is carried out through examinations or selection. The form and content of examinations and selection of civil servants must be consistent with the requirements of job positions in each industry and profession, ensuring the selection of people with qualities, qualifications and abilities.
The subjects of recruitment are those working in agencies in the political system who are not civil servants; experts, scientists, talented people, excellent students, ethnic minorities, candidates and other subjects in the non-state sector.
In addition to the above recruitment methods, the competent management authority shall implement or delegate the signing and implementation of a number of tasks of the civil servant job position.
The drafting agency also added regulations to distinguish between job positions that must be recruited and job positions that can be contracted to perform civil servant duties, creating flexibility in using external human resources.
Source: https://baolaocai.vn/bo-noi-vu-de-xuat-phuong-thuc-tuyen-dung-cong-chuc-theo-vi-tri-viec-lam-post399502.html
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