The Amended Law on Public Employees, passed by the National Assembly at its 10th session, will take effect on 1/7/2026. This law shifts the management of public employees from a model primarily based on ranks, grades, seniority, and staffing quota stability to one focused on job positions, capabilities, and task performance.

Under the new law, public employees will no longer be managed primarily by input criteria. Instead, they will be assessed against a framework based on the value of specific work. Recruitment, placement, evaluation, training, salary, and screening will all be tied to job positions and the level of task completion. Public employees' income and career opportunities will be determined directly by work results, rather than depending mainly on seniority or staffing quota stability.

The law's major policy groups aim to expand public employees' rights while establishing stricter accountability and screening mechanisms in managing this workforce.

Managing public employees by job position

The most fundamental change in the Amended Law on Public Employees is the management of public employees based on job positions throughout their employment, from recruitment, placement, evaluation, and training to salary payment and contract termination. This approach allows the State to manage public employees based on the specific work value each individual undertakes.

According to the new regulations, each public employee must be linked to a defined job position with a clear name, job description, scope of responsibility, and competency framework. What public employees are hired to do, their extent of responsibility, and the expected output are all specified from the outset.

This leads to changes in how public employees are utilized and evaluated. Public employees are no longer in a rigidly stable staffing quota but must meet the requirements of their job position throughout their tenure. If they work in the wrong position, fail to meet professional requirements, or do not complete tasks for an extended period, public employees may have their job positions adjusted or their contracts terminated.

The amended law clarifies and improves the employment contract system, ensuring consistency and closer alignment with the Labor Code. Regulations on unilateral contract termination and termination due to failure to meet job requirements are specified, clarifying the rights and obligations of both public employees and public service units. Employment contracts are established based on mutual agreement and linked to task performance efficiency.

Public employees are more clearly guaranteed the right to unilaterally terminate their contracts, are protected by law in employment relations, and are entitled to severance benefits and unemployment insurance according to general regulations. However, the law allows public service units to terminate contracts with public employees who are rated as not completing tasks or not meeting job position requirements.

Staff assist citizens at the Ha Noi Public Administration Service Center. Photo: Tung Dinh

Work results as the benchmark

The new law redesigns the entire public employee evaluation mechanism to be regular, continuous, multi-dimensional, and quantitative. This replaces the previous largely formal and subjective evaluation methods. With this mechanism, evaluation is no longer a procedural step but becomes the basis for important decisions regarding salary, bonuses, training, appointments, and contract termination.

Public employees who fail to complete tasks may be reassigned to lower-level positions or have their contracts terminated. The change lies in public employees demonstrating their capabilities through output: work quality, progress, fulfillment of task requirements, and attitude toward serving citizens. Failure to adapt risks not only loss of additional income but also loss of the job position itself.

The classification mechanism is also tightened by controlling the percentage of public employees rated as "excellent" in task completion, linked to the percentage of Party members achieving "excellent" status, except in cases of special achievements. This makes the "excellent" rating rarer, reserved for individuals who produce outstanding, measurable contributions, rather than being rotated or based on subjective feelings.

Concurrently, discipline is directly linked to quality evaluation results. Public employees who receive Party or administrative discipline in the evaluation year will be rated as not completing tasks, except in specific cases legalized by the law. As a result, discipline extends beyond internal processing, having clear impacts on income, career opportunities, advancement, and continued employment.

This design creates pressure for more substantive work behavior and requires public employees to adhere to public service discipline and professional ethical standards throughout their work.

"Opening doors" for public employees to prosper through competence and intellect

Another change in the Amended Law on Public Employees allows public employees to contribute capital, participate in the management and operation of non-public enterprises, cooperatives, hospitals, educational institutions, and scientific research organizations. This is permissible provided they do not violate anti-corruption laws, specialized laws, and do not create conflicts of interest.

This regulation recognizes public employees as an intellectual resource that can participate in service, scientific, educational, and medical activities outside the public sector. Public employees gain legal opportunities to increase income, develop their careers, and leverage their professional value beyond public service units. This policy promotes the socialization of public services, utilizes the knowledge and experience of public employees, and thereby reduces pressure on the state budget.

Expanded rights come with stricter accountability requirements. Public employees can only engage in non-public sector activities when there is no conflict of interest and it does not affect their task performance at their public service unit. Completing tasks at the public service unit remains the top priority.

The government will specify the conditions for implementation. Public employees must act within their authority, clearly declare their role and scope of participation, and demonstrate no conflict of interest with public duties, aiming for a transparent mechanism in professional activities.

The Amended Law on Public Employees also establishes a human resource linkage mechanism between the public and private sectors. This allows public service units to attract experts, scientists, and individuals with special capabilities. This mechanism enables the public service sector to access high-quality human resources.

With these new policies, the public sector work environment becomes more competitive. Existing public employees no longer hold a preferential position but must compete on actual competence with external human resources. This demands that public employees continuously learn and update their skills, especially digital literacy, innovation, and adaptability to technology. If they fail to meet these requirements, public employees may face narrowed promotion opportunities or be reassigned to lower job positions.

Son Ha