Transfer to a New Unit, Public Employee Must Re-sign the Contract

Lawyer Tran Van Toan, Khanh Hung Law Office - Hanoi Bar Association, responds to Mr. Loc's inquiry as follows:

According to Article 23 of the 2010 Public Employee Law, the recruitment of public employees is conducted through examinations or selection.

There are two methods for a public employee currently working at one public service provider and wishing to change their workplace to another public service provider:

- Voluntarily resigning and terminating the employment contract at the current public service provider, followed by taking the examination to enter another public service provider. If successful, an employment contract will be signed.

- Applying for a transfer from the current public service provider to another public service provider. The current provider must agree to terminate the employment contract. The new provider must agree to accept the transfer either through the selection or special selection process and sign an employment contract.

According to Articles 14 and 15 of Circular No. 15/2012/TT-BNV dated December 25, 2012, of the Ministry of Home Affairs, which guides the recruitment, signing of employment contracts, and reimbursement of training and fostering costs for public employees: When a public employee transfers work to another agency or unit, they must terminate the employment contract with their current public service provider. The termination must be documented in writing with confirmation from both the public employee and the head of the public service provider or the authorized agency signing the employment contract. This termination document should be made in two copies, with each party retaining one copy.

When a public employee transfers to a new public service provider, the head of the new public service provider or the authorized recruiting agency must sign an employment contract with the public employee and implement appropriate salary policies based on the public employee’s capabilities, training level, work history, salary progression, and social insurance contributions.

Thus, a public employee transferring to a new agency or unit must terminate their employment contract with their current public service provider. When the public employee is recruited by the new public service provider through examination, selection, or special selection, an employment contract must be signed.

The appointment to a new professional title (previously referred to as public employee rank) must be consistent with the professional title (public employee rank) at the former unit, based on the requirements and recruitment positions of the new unit.

Public employees transferring to a new unit will be subject to appropriate salary policies based on their capabilities, training level, work history, salary progression, and social insurance contributions at the previous unit.

According to the Government Portal of Vietnam

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE