What is a Public Employee?

Public Employees Law 2010 introduces the concept of public employee as follows: Public employee is a Vietnamese citizen who is recruited based on the job position, works at a public service provider following the policies of a work contract, and receives a salary from the salary fund of the public service provider in accordance with the law.

Classification of Public Employees

Public employees are classified according to job positions and professional titles as stipulated in Article 3 of Decree 29/2012/ND-CP as follows:

According to job positions, includes:

- Managerial public employees, who are appointed to hold a managerial position for a fixed term, responsible for directing and organizing the implementation of one or several tasks in a public service provider but are not officials and receive managerial position allowances;- Non-managerial public employees, including those who perform only professional tasks according to their professional titles in a public service provider.

According to professional titles, includes:

- Public employees holding a Class I professional title;- Public employees holding a Class II professional title;- Public employees holding a Class III professional title;- Public employees holding a Class IV professional title.

Salary Regime, Rest Periods for Public Employees

- Public employees are paid commensurately with their job positions, professional titles, managerial positions, and performance outcomes or assigned tasks;

- Receive allowances and preferential policies when working in mountainous, border, island areas, remote regions, ethnic minority areas, regions with extremely difficult socio-economic conditions, or in hazardous, dangerous, and special career fields;

- Receive overtime pay, night pay, travel allowances, and other policies;

- Receive bonuses and are considered for salary increases.

Other Benefits

- Engage in professional activities outside the working hours specified in the employment contract;

- Sign contracts for specific tasks with other agencies, organizations, or units, provided that they fulfill their assigned duties and have the consent of the head of the public service provider;

- Invest in limited liability companies, joint-stock companies, partnerships, cooperatives, private hospitals, private schools, and private scientific research institutions but do not participate in management or operation in these companies, except when otherwise stipulated by specialized laws.

- Receive commendations, honors, and participate in socio-economic activities;

- Enjoy housing preferential policies;

- Be facilitated to pursue domestic and international professional development as per legal regulations;

- Enjoy wartime benefits or be considered for recognition as martyrs in cases of injury or death due to performing assigned tasks.

Prohibited Activities for Public Employees

- Evade responsibility, shirk assigned tasks, form factions, cause disunity, leave work arbitrarily, or participate in strikes;

- Misuse assets of the agency, organization, unit, and the people contrary to the law;

- Discriminate on the basis of ethnicity, gender, social class, belief, or religion in any form;

- Exploit professional activities to propagate against the guidelines, policies of the Communist Party, laws of the State, or harm public morals and cultural, spiritual life of the people and society;

- Insult the honor, dignity, and reputation of others during professional activities.

And other prohibitions as specified by the Anti-Corruption Law, the Law on Practicing Thrift and Combating Wastefulness, and other related legal provisions.

Legal Basis: Law on Public Employees 2010, Decree 29/2012/ND-CP

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