Nowadays, many people want to enter medical and pharmacy schools. But they do not know how they will enjoy the benefits after graduating from school to become a doctor. So about the matter “Is a doctor a civil servant or an official in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Law on Cadres and Civil Service 2008
- Law on Public Employees 2010
What is civil servant?
According to Clause 2, Article 4, the Law on Cadres and Public Employees in 2008 amended and supplemented in 2019 stipulates:
Civil servants are Vietnamese citizens, recruited and appointed to ranks, positions, and titles corresponding to employment positions in agencies of the Communist Party of Vietnam, the State, and socio-political organizations. at central, provincial and district levels; in agencies or units of the People’s Army who are not officers, professional soldiers or defense workers; in agencies and units of the People’s Public Security who are not officers, non-commissioned officers serving under the professional regime, public security workers, on the payroll and receiving salaries from the state budget”.
What is an official?
Meanwhile, in Article 2, Law on Public Employees 2010 stipulates:
Officials who are Vietnamese citizens are recruited according to their working positions, work at public non-business units under the working contract regime, and receive salary from the salary fund of the public non-business units in accordance with regulations of law. law”.
Is a doctor a civil servant or an official in Vietnam?
To determine whether a doctor is a civil servant or an official, we need to know the characteristics of each of these parts.
Some of the characteristics of civil servants are as follows:
+ Working regime: To be recruited, appointed to ranks, positions, titles, on the payroll.
+ The recruitment must be based on task requirements, job positions and staffing quotas. To be eligible to apply, you must be at least 18 years old.
+ Regarding agencies and units where civil servants and public employees work: Working in agencies of the Communist Party of Vietnam, the State, socio-political organizations at the central, provincial and district levels; in agencies and units of the People’s Army; in agencies and units of the People’s Public Security and in the leadership and management apparatus of public non-business units of the Communist Party of Vietnam, the State, and socio-political organizations.
+ Salary payment source: Receive salary from the State budget or from the salary fund of public non-business units (for those in the leadership and management apparatus of public non-business units).
+ Disciplinary forms: Violation of discipline, depending on the nature and seriousness of the violation, shall be subject to one of the following disciplinary forms: reprimand, warning, salary grade reduction, demotion; dismissal and forced to resign.
An officer has the following characteristics:
+ Working mode: Not classified into ranks but classified into public employees (divided into 04 different classes) and working under the working contract regime. Public employees may unilaterally terminate their contracts or public non-business units may unilaterally terminate working contracts with public employees under the cases specified in the Law on Public Employees.
+ The recruitment must be based on job demand, job position, professional title standards and salary fund of public non-business units. For public employees, for some fields of cultural, artistic, physical training and sports activities, the age to apply for admission may be lower as prescribed by law and must have the written consent of the employee. legal representative.
+ Working in public non-business units.
+ Working under the working contract regime and receiving salary from the salary fund of the public non-business unit.
+ Disciplinary forms include: reprimand, warning, dismissal and forced resignation (no form of salary reduction or demotion).
According to the above analysis, if a doctor is recruited into a public non-business unit to work under the working contract regime, he will be an official.
How are civil servants similar and different from officials?
Similarities between civil servants and officials
+ First, receive salary from the State budget (especially in the case of civil servants working in the leadership and management apparatus of a public non-business unit, the salary is guaranteed from the salary fund of the public non-business unit). according to regulations of the Law)
+ Second, hold a regular duty or task;
+ Third, work in the office;
+ Fourth, obligations towards the Party, State and people; obligations in the performance of official duties and a number of special obligations prescribed by law;
+ Fifth, have the right to be guaranteed the conditions for performing official duties; rights on wages and salary regimes; the right to rest and some other rights;
+ Friday, on payroll.
+ Seventh, all are Vietnamese citizens.
Differences between civil servants and officials
Civil servants and public employees are two departments with different characteristics in terms of recruitment, salary and salary-related regimes. However, between these two components, there is always a transition between agencies, organizations and units of the Party and State. Civil servants working at State agencies, socio-political organizations; while public employees work in public non-business units. For you to understand in more detail the difference between public servants and public officials. Duong Gia Law is based on specific legal provisions to make a comparison table between civil servants and public employees so that you can clearly understand the following:
About the nature
Officer
+ Operate state power, perform management tasks.
+ Perform regular duties.
Officials
+ Performing social functions, directly performing specialized skills and professions.
+ Carrying out purely professional and professional activities.
About the origin and liability
Officer
+ Examination, appointment, decision of the competent state agency, on the payroll.
Political and administrative responsibilities of civil servants
Officials
+ Recruitment, signing work contract
+ Responsibility before the agency, the head of the organization, the recruitment and contract signing agency.
About salary
+ Civil servants receive salaries from the state budget, according to ranks and grades.
+ Salaries receive part of the budget, the rest is non-business revenue.
About the evaluation criteria
Officer
+ Competency and professional qualifications;
+ Progress and results of task performance;
+ Sense of responsibility and coordination in performing tasks;
+ Attitude to serve the people.
Officials
+ Competency and professional qualifications;
+ Work efficiency (quantity, quality);
+ Attitude to serve the people.
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Is a doctor a civil servant or an official in Vietnam?”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Is a doctor a civil servant or an official in Vietnam?” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
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- Can retired officials set up a business in Vietnam?
Frequently asked questions
The right to be guaranteed the conditions for performing official duties: To be assigned rights commensurate with the task, to ensure equipment and working conditions; be provided with information related to their assigned tasks and powers; be trained and retrained to improve their political, professional and professional qualifications; protected by law while on duty
The State guarantees a salary commensurate with the assigned tasks and powers, suitable to the country’s socio-economic conditions; entitled to overtime pay, night work, per diem and other regimes as prescribed by law. Civil servants working in mountainous, border areas, islands, deep-lying, remote areas, ethnic minority areas, areas with extremely difficult socio-economic conditions or in industries and occupations with hazardous environments , dangerous people are entitled to allowances and preferential policies in accordance with the law.
Being entitled to annual leave, holidays, leave to deal with personal matters in accordance with the labor law.
Civil servants are guaranteed the right to study, do scientific research, and participate in economic and social activities; enjoy preferential policies on housing, means of transportation, social insurance and health insurance regimes in accordance with law.
In order to apply for public service recruitment, it is necessary to meet all the conditions prescribed by the Law on Cadres and Civil Service as follows:
– Being a person with a Vietnamese nationality;
– Age: from full 18 years old and above;
Have a registration application form according to regulations, have a clear background;
Having appropriate diplomas and certificates as prescribed;
Having good political qualities and morals;
Have enough health to perform the task.
Thus, regardless of gender, ethnicity, social class, belief or religion, when fully meeting the above conditions, they can apply for civil service recruitment.
Based on each field of industry, profession, profession and profession, civil servants are classified according to the corresponding ranks of civil servants as follows:
– Class A civil servants: are those appointed to the rank of senior specialist or equivalent;
– Class B civil servants: are those who are appointed to the rank of main expert or equivalent;
– Class C civil servants: are those appointed to the rank of specialist or equivalent;
– Class D civil servants: are those who are appointed to the rank of civil servant or equivalent and the rank of employee.
Civil servants are classified based on their working positions as follows: Civil servants holding managerial or leading positions and civil servants not holding managerial or leading positions.
Conclusion: So the above is Is a doctor a civil servant or an official in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
