At the regular press conference organized by the Ministry of Home Affairs on the afternoon of June 16, regarding the draft Decree on encouraging and protecting officials who dare to think and dare to do, recently reported to the National Assembly, Minister of Home Affairs Pham Thi Thanh Tra stated that it is possible to consider proposing to the National Assembly to issue a pilot Resolution to protect officials who dare to think, dare to do, dare to take responsibility for the common good.
Up to now, how has this draft Decree been developed and will the Government issue a Decree or propose the National Assembly to issue a Resolution?
Regarding this content, Mr. Nguyen Tuan Ninh - Director of the Department of Civil Servants and Public Employees said that this unit has urgently advised the leaders of the Ministry of Home Affairs to develop this Decree.
“We have advised the Minister to establish a drafting committee and an editorial team to collect opinions from scientists and managers. We have advised the Ministry's leaders to organize workshops in the three regions, as well as workshops for central agencies, ministries and branches,” said Mr. Ninh.
Mr. Nguyen Tuan Ninh - Director of Civil Servants Department.
Mr. Ninh said that although the Government allowed the Decree to be drafted according to the simplified procedure, this is a difficult, complicated and sensitive Decree, so the Department of Civil Servants and Public Employees advised the Ministry's leaders to issue a document to seek opinions from ministries, departments, branches and centrally-run provinces.
Based on the synthesis of comments and suggestions received at the workshop, the Ministry of Home Affairs has completed the draft and sent it to the Ministry of Justice for review.
“Based on the appraisal opinions of the Ministry of Justice, the Department continues to complete the draft decree in the spirit of closely following the Party's guidelines and policies. In particular, Conclusion 14 of the Politburo on encouraging the protection of dynamic, creative, and daring cadres for the common good and meeting practical requirements. The decree has been basically completed with 5 chapters and 27 articles,” said Mr. Ninh.
Providing more information about the highlights of the draft Decree, the Director of the Department of Civil Servants and Public Employees said that, firstly, specific incentive policies are proposed such as commendation, rewards, training, fostering, early salary increase, etc.
Regarding protection measures, when an officer implements a new approved proposal, but during implementation fails to complete or only partially completes the set objectives or there is a risk of damage, he/she is exempted.
"In which we put forth 8 points of exemption or reduction of criminal liability, disciplinary action and responsibility to repay the State budget," said Mr. Ninh.
Mr. Nguyen Tuan Ninh also said that the next highlight of the draft Decree is not only to protect cadres who dare to think and dare to do, but also to protect the agencies and people with the authority to decide to allow the implementation of innovative proposals.
“Initially, the proposal was to protect only dynamic and creative cadres, but to do this, permission from the competent authority is required. So, we must also protect the agencies, organizations and individuals that allow innovation,” Mr. Ninh shared.
Talking about some current problems, Mr. Ninh said that in the incentive, there are some contents such as raising ranks, promoting ranks... which are currently entangled in the Law on Civil Servants and Public Employees. Or the issue of protecting officials when reducing criminal responsibility or exempting them is entangled in the Penal Law...
Overview of the press conference on the afternoon of June 16.
The Director of the Department of Civil Servants and Public Employees said that in order for the Decree to be implemented and put into practice, the entire political system, especially agencies such as the judiciary, the prosecutor's office, and the court, must be involved. However, he said that if the Decree were issued, it would exceed the authority of the Government.
Therefore, Mr. Ninh said that he is currently advising the Government to assign the Ministry of Home Affairs to prepare a dossier to propose the National Assembly Standing Committee to consider including in the law-making program a pilot Resolution to encourage and protect dynamic, creative cadres who dare to think and dare to act for the common good.
“On that basis, the National Assembly issues a pilot Resolution, and the Ministry will issue a Decree for implementation. Only then can legality be ensured,” said Mr. Ninh.
According to Mr. Ninh, the inclusion in the National Assembly session must be documented, then posted on the Information Portal for 30 days, then reported to the Government for a Resolution, when there is a Resolution, it is proposed to the National Assembly Standing Committee, then the National Assembly Standing Committee considers including it in the National Assembly session agenda. He hopes that this content will be included in the agenda of the 6th session of the 15th National Assembly (taking place in October) .
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