On the afternoon of December 10th, the National Assembly delegates voted to pass the amended Civil Servant Law. The law will take effect from July 1, 2026.
The National Assembly listens to Minister of Home Affairs Đỗ Thanh Bình’s report on explanations, absorption, and refinement of the draft amended Civil Servant Law.
The newly passed law, under Article 13, outlines the rights of civil servants regarding professional activities and business operations.
Accordingly, civil servants are permitted to enter into labor contracts or service agreements with other agencies, organizations, or units if not prohibited by sector-specific laws, ensuring no conflict of interest as per anti-corruption regulations, and without violating employment contracts or professional ethics.
In cases where no agreement exists within the employment contract, written consent from the head of the public service unit is required; for the head of a public service unit, written consent from the direct superior authority is necessary.
Civil servants may practice their profession individually if not prohibited by sector-specific laws, ensuring no conflict of interest as per anti-corruption regulations and without violating professional ethics.
The new law also allows civil servants to invest in, manage, or operate businesses, cooperatives, private hospitals, educational institutions, and scientific research organizations, except where otherwise stipulated by anti-corruption laws, enterprise laws, or sector-specific regulations.
Civil servants may exercise other rights in business activities if not contrary to professional activity laws or regulations set by competent authorities.
In the report explaining, absorbing, and refining the draft law, the Government emphasized that allowing civil servants to enter into labor or service contracts for professional activities aims to institutionalize the policy of interconnecting human resources between the public and private sectors, enabling civil servants to increase their legitimate income through professional activities.
Simultaneously, the law permits civil servants to enter into labor or service contracts if not prohibited by sector-specific laws. Incorporating feedback from delegates, the above content has been refined in detail to ensure the rights of the workforce, establish mechanisms to prevent conflicts of interest through employment contract agreements, and comply with anti-corruption laws and sector-specific regulations.
Additionally, it is clearly stipulated that civil servants must fulfill their duties at their primary unit before engaging in external professional activities; for managerial civil servants, approval from the managing authority of the public service unit is required.
Previously, during discussions on this matter, Delegate Hà Đức Minh (Lào Cai delegation) assessed the proposal as a step toward innovation, expanding professional rights, and encouraging proactiveness and creativity among public sector intellectuals. This regulation aligns with the demand for interconnecting public-private resources, effectively leveraging the capabilities of civil servants in science, technology, education, healthcare, and digital transformation.
However, Delegate Hà Đức Minh also noted that the draft law’s scope is too broad, potentially leading civil servants to engage in business activities, causing conflicts of interest, affecting professional ethics, and the quality of public service. Moreover, the mechanisms for supervision, inspection, and violation handling remain unclear, potentially leading to abuse of public positions for personal gain or misuse of public assets for private purposes.
Delegate Phạm Văn Hòa (Đồng Tháp delegation) expressed concern that if leaders of public service units both manage internally and have economic interests in external businesses, it could lead to bias or favoritism toward sectors or units with capital contributions.
According to Mr. Hòa, only regular civil servants and deputy managers should be allowed to enter into external work contracts or engage in economic activities. Heads of units should be strictly restricted due to their positions of managerial authority, which pose a higher risk of exploiting their roles for personal gain.
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