Must Ensure Legal Documents Are Issued With Correct Authority, Order, Procedures, Format, And Are Transparent And Public

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of the civil servant management institutional system. On the other hand, urgently review and systematize current legal documents regulating civil servants, determine the validity of documents, detect overlaps, shortcomings, defects, and "loopholes" of this system to correctly identify the content that needs to be revised, supplemented, or newly issued, avoiding the situation of both redundant and insufficient documents.

3.2.2.2. Must ensure that legal documents are issued with the correct authority, order, procedures, format, transparency and publicity.

To thoroughly understand this viewpoint, it is required that legal documents must be drafted, developed and promulgated in accordance with legal provisions on promulgating authority; correct format; order and procedures for promulgation; procedures for public announcement and publication in the Official Gazette. To implement this viewpoint and principle, the agency and person promulgating the document must strictly comply with legal provisions on the process of drafting, promulgating and publishing in the Official Gazette to promulgate documents as stipulated in the Law on promulgation of legal documents and the Law on promulgation of legal documents of the People's Council and People's Committee.

3.2.2.3. Due attention must be paid to salary and welfare policies for civil servants.

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The wage and remuneration policy for workers in general is an economic issue but has a great impact on socio-political issues. In the workforce, civil servants are also a social labor object, but the labor of civil servants is different from the labor of workers, farmers, and intellectuals in other areas, especially because it is carried out on the basis of being linked to state power. The labor of other social objects always creates specific material and spiritual products, the value of their labor is assessed on the basis of the products they make, according to the law of value, the law of supply and demand of the market mechanism. Meanwhile, the labor of civil servants is not specifically calculated by the products they create for society, but has a great impact on all areas of economic, political and social life. Are businesses conducting production and business activities smoothly? Are people satisfied with their needs?

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Are we in accordance with the law? How are social order and security and national defense guaranteed so that life activities take place on the basis of the law? More specifically, the settlement of issues related to administrative procedures, birth and death registration, construction permits, etc. All of these issues are greatly affected by the labor activities of civil servants. Therefore, it is necessary to have a fair assessment by the State of the labor of civil servants through the salary and benefits regime. Practice has shown that when civil servants' salaries do not ensure a normal standard of living, it inevitably leads to a situation where, in addition to performing public duties, civil servants also have to find ways to earn more income, which may or may not be legal. That leads to a situation of authoritarianism, corruption, arrogance, and extortion towards people, agencies, and organizations. Of course, not all are like that. In order to improve the material and spiritual life of civil servants, some state agencies and organizations also seek ways to supplement their income, and often those methods are illegal. In order for civil servants to wholeheartedly serve the people, the State must change its perspective and way of thinking about salary and welfare policies for civil servants. Especially in the current market mechanism, the competition for intellectual property in the labor market naturally affects the development of human resources for public service activities. If the salary and welfare policies are not satisfactory, in addition to affecting the quality of civil servants such as the existence of corruption and negativity, the State also has to face the shortage of good and leading experts. Working in the state administrative sector or the market sector, workers or civil servants all aim first to earn money to live and support their families, and then talk about ambitions and ideals. If the attractiveness and attraction of talented and capable people in the state sector is weaker than that of the private sector and the business sector, then of course the public service human resources will be in short supply and we cannot have a team of civil servants who meet the requirements in the conditions of development and international integration. The main job of a civil servant is to make the state administrative system operate, with the sole purpose of serving the people and the Fatherland. The salary paid to

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They are taken from the State Budget. The State Budget is mainly formed from taxes paid by the people and is first of all to support the state apparatus. That is, civil servant salaries are paid by the people. Therefore, the State Budget must allocate an appropriate proportion to the Civil Servant Salary Fund. Currently, the number of administrative civil servants in Vietnam does not exceed 200,000 people compared to over 80,000,000 people. That is, with only 200,000 civil servants, they must serve more than 80 million people. Many countries in the world implement a civil servant salary policy in the direction that civil servant salaries are not the highest in society but must be high in the middle of society and always stable. Singapore is currently considered a country with a developed, clean and effective administration because it has dared to borrow money to pay civil servants' salaries. Thanks to that, it has fought corruption and created a developed country.

Therefore, to perfect the civil servant management system, it is necessary to pay due attention to the salary and benefits policy for civil servants. The State needs to make fundamental changes in civil servant salaries. This is one of the decisive viewpoints in perfecting the civil servant management system and thereby improving the quality of the current civil servant team, gradually limiting and eliminating negativity and corruption in the civil servant team. Salary is a material guarantee for the public service activities of civil servants. And the salary policy itself, when legalized, is also a content of the civil servant management system.

3.3. Contents of perfecting the civil servant management system

The civil servant management system is studied and considered from two perspectives: legal form and management content. Therefore, the content of perfecting the civil servant management system includes the following issues:

3.3.1. From a technical legal perspective:

3.3.1.1. First content: Enhance the class and scale of the civil service management system commensurate with its position and role in the national administration.

To implement this content, we need to build a Law on Civil Servants : The current institutional system for civil servant management has not been promulgated in the form of

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The Law has only stopped at the Ordinance. Then the State assigns the Government to provide detailed regulations and guidance for implementation. To ensure good service for civil servant management in the development and international integration period, it is necessary to develop the Law on Civil Servants and Public Service. Based on the viewpoints and principles of institutional development and improvement as stated above, to develop the Law on Civil Servants and Public Service, it is necessary to develop a detailed plan and program, and the development of the Law on Civil Servants and Public Service is carried out in accordance with the approved program and plan, inheriting and developing the current Ordinance on Cadres and Civil Servants, while raising it to a higher level of generalization and a longer-term vision.

The Law on Civil Servants and Public Service needs to fully regulate the contents related to civil servants, including the subjects and scope of regulation; the roles and responsibilities of civil servants; the rights and obligations of civil servants; what civil servants are not allowed to do; civil service ethics and civil service culture; the contents of civil service management; election, recruitment, employment, training, fostering, transfer, secondment, appointment, evaluation of civil servants, salary and welfare policies, retirement, termination of employment, etc.; rewards and handling of violations against civil servants; responsibilities of civil servants in performing public duties; decentralization of civil service management; civil service inspection, etc. In order for these contents to be truly complete, in the process of drafting documents, attention must always be paid to the conformity of this Law with current legal documents, specifically: regulations on the rights and obligations of civil servants must be consistent with the contents on citizens' rights and obligations in the Civil Code or must take into account the orientations for the development of civil servants in Party documents; The contents on salary and welfare policies for civil servants must take into account the correlation with the Law on Anti-Corruption; the Law on Practicing Thrift and Combating Wastefulness; the contents on salary and social insurance, health insurance must be consistent with the Labor Law and the Law on Social Insurance; the contents on compensation for material damage caused by public servants must be in correlation with the provisions on compensation for non-contractual damage of the Civil Code. ....

Some specific contents that need attention include: clearly defining the rights and responsibilities of civil servants to ensure the management role of the state is demonstrated.

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State management of civil servants, promoting the proactive role of this subject in the work; clearly defining the role of civil servant management and making appropriate investments in civil servant management; clearly defining the responsibilities of civil servant management agencies; decentralizing the management and use of civil servants in a scientific manner and with specific orientations; issues of rewards and discipline in the management and use of civil servants; clearly defining the responsibilities of leaders, collective responsibilities and individual responsibilities of civil servants in the performance of public duties; practical mechanisms to implement regulations on compensation for damages caused by civil servants; mechanisms to ensure the management of civil servants.....

The contents of the Law need to be specified in detail, specifically, to avoid the situation of having many interpretations and to limit the issuance of detailed regulations as much as possible. For Chapters and Articles that need to be specified in detail, it is necessary to clearly state in the Law and designate the agency to draft the guiding document with specific orientation. The guiding document needs to be developed at the same time as the Law.

On the basis of the Law on Civil Servants and Public Service, the Government needs to develop a system of Decrees detailing the contents of civil servant management stipulated in the Law on Civil Servants and Public Service. This system of Decrees is developed in 2 groups:

- Group of Decrees detailing the contents of human resource management;

- Group of Decrees detailing the contents of human resource management.

Next is to develop a system of guiding Circulars: To guide the implementation of Government Decrees detailing the implementation of the contents of the Law on Civil Servants and Public Service. These Circulars are developed in accordance with each group of Decrees on personnel management and human resource development. However, in the process of perfecting the civil servant management system, it is necessary to minimize this type of guiding document.

Issuance of legal documents: Legal documents issued by ministries, ministerial-level agencies and People's Committees of provinces and centrally-run cities to guide the application of regulations on civil servant management within their sectors or localities must ensure proper compliance.

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Law on promulgation of legal documents and Law on promulgation of legal documents of People's Councils and People's Committees. The contents of these documents only focus on guiding the application of legal provisions and must not stipulate other contents contrary to the general regulations of the State on civil servant management.

In addition to the above-mentioned Laws and legal documents, during the implementation process, the agencies and levels assigned with the authority to manage the state on civil servants and public services may also issue regulations related to civil servant management such as Decisions of the Prime Minister, Decisions of the Minister of Home Affairs or Ministries, branches and Chairmen of People's Committees of provinces and centrally-run cities.

3.3.1.2. Second content: Perfecting the comprehensive, synchronous, constitutional and legal civil servant management institution

Implementing this content aims to ensure that the civil servant management system is fully adapted and unified with the general system, especially the economic system and the administrative-economic system; between the system of ensuring citizens' democratic freedoms and the civil servant management system. That will help resolve the contradiction between the policy of recruiting, using and managing civil servants and the competitiveness and dynamism of the market economy; the contradiction between the method and content of civil servant evaluation and the requirement to improve the quality of the civil servant team; .....

On the other hand, specific and detailed guidance documents must be issued promptly and fully, not contrary to the provisions of superior documents, and in accordance with the State's development orientation.

This content ensures that legal documents must be issued in accordance with procedures, order, and authority. No patchwork. No situation where legal documents are issued to resolve the situation, passively and inconsistently.

3.3.1.3. Third content: Building a mechanism to ensure the implementation of the Law on Civil Servants, Public Service and documents guiding its implementation

Along with building and perfecting the civil servant management institution in legal form, it is necessary to focus on building a mechanism to ensure institutional implementation.

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First of all, it is necessary to enhance discipline and order in the promulgation and implementation of civil servant management institutions: First, it is necessary to strictly comply with legal regulations on the construction and promulgation of institutions; second, to strengthen discipline in the implementation of promulgated institutions, all violations must be strictly handled (for each individual, each agency and each management level).

Next is to build conditions to ensure effective management and use of civil servants. This is a fundamental issue to ensure the implementation of the civil servant management system. These conditions include: institutional conditions for civil servant management, financial conditions, material conditions to ensure civil servant management activities and material conditions to ensure professional work of civil servants.

In addition, the civil servant management system needs to be issued and regulated in detail by the State and the Government. Ministries (if assigned by the Government) only have the task of guiding or promulgating according to their authority. The People's Councils and People's Committees of provinces and centrally-run cities only issue normative documents guiding the application of the law. Do not issue normative legal documents regulating civil servant management that are contrary to the general regulations of the State. This is also to ensure the consistency of the civil servant management system nationwide.

Inspection and examination of the issuance of legal documents by ministries, branches and localities must be conducted regularly to ensure the consistency of the civil servant management system. Avoid overlapping and conflicting regulations in the system of legal documents on civil servant management.

3.3.2. From the perspective of management content:

3.3.2.1. First content: Standardizing the system of tool concepts and perfecting regulations on obligations and rights for civil servants

a) Perfecting the system of tool concepts: The perfecting of the civil servant management institution from the perspective of management content must start from the standardization of tool concepts commonly used in public management.

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official. In state life and in legal documents, a term that in reality has many different meanings must be understood in a unified way, must be officially defined in legal documents to create unity in perception and practice. Therefore, to perfect the civil servant management system, first of all, it is necessary to unify the concepts of tools used in the civil service. Below are some concepts proposed in the research process:

- Recruitment is a public service activity carried out in the process of building public service human resources . This activity is carried out by the authorized state agency, through competitive examinations to select people with sufficient qualities, capacity and qualifications to work as civil servants in state agencies .

- Rank is the name of a civil servant title corresponding to a working position in a state agency classified by sector, showing the level of professional expertise of the civil servant. Each rank has its own name, its own standards that clearly define the responsibilities, tasks, work content to be done and standards on qualities, capacity and professional expertise.

- Appointment is a decision by a competent authority to assign a civil servant to a leadership position for a limited period of time in a state agency or to a civil servant rank for a person who meets the requirements of an internship (or probationary period) and a civil servant who passes a promotion exam.

- Rotation is the act of the competent authority appointing a civil servant to a new leadership position during the process of planning and training.

- Dismissal is the decision by a competent authority to remove a civil servant from his or her leadership position before the end of his or her term of appointment .

- Resignation is when a civil servant holding a leadership position voluntarily requests to leave the leadership position before the end of the appointment term and is approved by the competent authority.

- Promotion is a public service activity that evaluates civil servants through competitive exams to develop public service human resources, based on

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