Who has the power to conclude administrative support contracts with security personnel working at administrative agencies in Vietnam?
Who has the power to conclude administrative support contracts with security personnel working at administrative agencies in Vietnam?
Under Article 7 of Decree 111/2022/ND-CP:
Power to conclude administrative support contracts
1. For administrative agencies: The head of the administrative agency, where the administrative agency is designated as the focal point allocated with staff and administrative management funding from the state budget, has the Power to conclude the contract and decide the number of contracts. Alternatively, this authority can be delegated in writing to the heads of subordinate or affiliated agencies or units.
2. For public service providers: The head of the public service provider is authorized to sign contracts. If not directly concluding the contract, the authority can be delegated in writing to the heads of subordinate or affiliated units.
In administrative agencies, the head of the administrative agency assigned as the focal point with staffing and administrative management funding from the state budget shall conclude contracts and decide the number of contracts.
However, this power can be delegated in writing to the heads of subordinate or affiliated agencies or units.
Who has the power to conclude administrative support contracts with security personnel working at administrative agencies in Vietnam?
Are employment contracts required for security personnel working at state administrative agencies in Vietnam?
According to Article 4 of Decree 111/2022/ND-CP, the following regulations apply:
Tasks performed under contracts
1. Support and service work in administrative agencies and public service providers, managed and applied according to labor laws, civil laws, and other relevant legal provisions, include:
a) Driving, security, except as provided in Clause 2 of this Article;
b) Reception, serving; housekeeping; vehicle parking; maintenance, repair, and operation of headquarters, equipment, and machinery for the activities of agencies, organizations, and units;
c) Other support and service tasks in administrative agencies and public service providers, not identified as officials and public employees according to legal regulations.
2. Support and service work in administrative agencies managed and applied according to the policies like officials include:
a) Security at agencies, units: Central Office of the Communist Party of Vietnam, Office of the President, Office of the National Assembly, Office of the Government of Vietnam; money vaults or document and forms warehouse with value like money of the State Bank of Vietnam, State Treasury, printed matters of tax warehouse, printed matters of customs;
b) Driving services for Ministers or equivalent positions and higher; specialized driving for transporting money of the State Bank, the State Treasury;
c) Individuals performing support and service work at critical, secret central agencies as decided by the head of the authorized agency.
According to the above regulation, security is one of the tasks performed under a contract.
Security personnel providing support and service in administrative agencies managed and applied under labor laws, civil laws, and other relevant legal provisions.
Additionally, security personnel working at agencies and units: Central Office of the Communist Party of Vietnam, Office of the President, Office of the National Assembly, Office of the Government of Vietnam; money vaults or document and forms warehouse with value like money of the State Bank of Vietnam, State Treasury, printed matters of tax warehouse, printed matters of customs are managed and applied according to official policies.
What are the conditions for concluding administrative support contracts with security personnel in Vietnam?
According to Clause 1, Article 8 of Decree 111/2022/ND-CP, the following regulations apply:
Standards, conditions, rights, and obligations of parties concluding administrative support contracts
1. Individuals concluding administrative support contracts must meet all of the following standards and conditions:
a) Have one nationality, which is Vietnamese nationality;
b) Be of working age as prescribed by labor law and specialized law;
c) Be in good health to work;
d) Have background verified by competent authorities;
dd) Have the capability to meet the job requirements;
e) Not be prosecuted for criminal liability or serving a prison sentence, being under non-custodial rehabilitation, or under educational measures at communes, wards, towns; not being in reformatory schools, mandatory educational institutions, and mandatory rehab centers; not being banned from practicing or banned from certain jobs related to the contracted work;
g) Meet other standards and conditions as prescribed by specialized law and the job position requirements as determined by the competent recruitment agency.
The conditions and standards for individuals concluding an administrative support contract are as follows:
- Have one nationality, which is Vietnamese nationality;
- Be of working age as prescribed by labor law and specialized law;
- Be in good health to work;
- Have background verified by competent authorities;
- Have the capability to meet the job requirements;
- Not be prosecuted for criminal liability or serving a prison sentence, be under non-custodial rehabilitation, or under educational measures at communes, wards, or towns; not being in reformatory schools, mandatory educational institutions, and mandatory rehab centers; not be banned from practicing or banned from certain jobs related to the contracted work;
- Meet other standards and conditions as prescribed by specialized law and the job position requirements as determined by the competent recruitment agency.
Decree 111/2022/ND-CP will take effect from February 22, 2023
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