Provisions on Signing Employment Contracts with Public Employees

Lawyer Le Van Dai, Khanh Hung Law Office - Hanoi Bar Association, responds to Mr. Duy as follows:

Clause 1, Article 43 of Decree 29/2012/ND-CP dated April 12, 2012, by the Government of Vietnam regarding recruitment, use, and management of public employees stipulates the organization of the signing of employment contracts for public employees as prescribed in Article 59 of the Law on Public Employees as follows:

- For public employees recruited before July 1, 2003, the head of the public service provider is responsible for carrying out procedures to sign indefinite-term employment contracts with public employees as prescribed in Clause 2, Article 25, Article 26, Article 28, Article 29, Article 30 of the 2010 Law on Public Employees and Clause 2, Article 18 of this Decree, ensuring the rights, policies, job stability policies, salary policies, and other benefits that public employees are entitled to.

- For public employees recruited from July 1, 2003, to January 1, 2012, based on the working time and the employment contract signed with the public service provider, the head of the public service provider shall sign either a definite-term or indefinite-term employment contract with the public employee as prescribed by the Law on Public Employees.

- For public employees recruited after January 1, 2012, the head of the public service provider shall sign an employment contract as prescribed by the Law on Public Employees.

Based on Clause 1, Article 43 of Decree 29/2012/ND-CP mentioned above, the General Hospital where Mr. Nguyen Xuan Duy is working should carry out procedures to sign employment contracts with public employees recruited before the Law on Public Employees came into effect (January 1, 2012), including those public employees nearing retirement age, which is conformable.

Lawyer Le Van Dai

Khanh Hung Law Office – Hanoi Bar Association

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