How many types of contracts are there in administrative agencies and public service providers in Vietnam? What are the conditions for conclusion of the contract?
What are the conditions for conclusion of the contract?
Pursuant to Clause 2, Article 5 of Decree 111/2022/ND-CP of Vietnam stipulating as follows:
Forms, types of contracts and conditions for concluding contracts
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2. Conditions for concluding the contract
a) For administrative agencies, public service providers: There must be a need to conclude contracts to perform the tasks specified in Article 4 of this Decree and fully satisfy other requirements as prescribed by law;
b) For service providers: Must fully meet the operating conditions as prescribed by law, ensure the regimes for employees according to the provisions of labor law and other provisions of relevant law;
c) For individuals: Must fully meet the criteria and conditions specified in Clause 1, Article 8 for the case where the individual concludes an employment contract to do support or service work or Clause 1, Article 10 for the case of individuals concluding employment contracts for professional practice specified in this Decree.
Thus, the conditions for entering into contracts for administrative agencies, public service providers, service-providing organizations and individuals are prescribed as follows:
- For administrative agencies and public service providers: There must be a need to conclude contracts to perform the tasks specified above and fully satisfy other requirements as prescribed by law;
- For service-providing organizations: Must fully satisfy operating conditions as prescribed by law, ensure benefits for employees as prescribed by labor law and other relevant laws;
- For individuals:
Individuals who conclude employment contracts to do support or service work must fully satisfy the following criteria and conditions:
+ Having a Vietnamese nationality;
+ Being of working age as prescribed by labor law and specialized law;
+ Being healthy enough to work;
+ Having a curriculum vitae certified by a competent authority;
+ Having the ability to meet the requirements of the job position;
+ Not during the period of being examined for penal liability or serving a prison sentence, non-custodial reform or being applied the measure of education in a commune, ward or township; sent to reformatories; sending to compulsory education establishments and sending to compulsory detoxification establishments; not during the period of being banned from practicing or from doing work related to the contracted work;
+ Satisfying other standards and conditions as prescribed by specialized laws and standards and conditions of employment positions as prescribed by competent recruitment agencies.
How many types of contracts are there in administrative agencies and public service providers in Vietnam? What are the conditions for conclusion of the contract?
How many types of employment contracts are there in administrative agencies, public service providers in Vietnam and what are the forms of contracts?
Pursuant to Clause 1, Article 5 of Decree 111/2022/ND-CP of Vietnam stipulating as follows:
Forms, types of contracts and conditions for concluding contracts
1. The work specified in Article 4 of this Decree shall be concluded in a written contract; In case a contract is entered into via electronic means in the form of a data message in accordance with the law on electronic transactions, it has the same validity as a written contract. Types of contracts concluded include:
a) Service contract as prescribed by civil law and other relevant laws;
b) Employment contract in accordance with the labor law and this Decree.
Thus, the types of contracts concluded include:
- Service contract in accordance with the provisions of civil law and other relevant laws;
- Employment contract in accordance with the labor law and this Decree.
Note: The work specified above is concluded in writing contract; In case a contract is entered into via electronic means in the form of a data message in accordance with the law on electronic transactions, it has the same validity as a written contract.
What are the contract performance tasks in government agencies?
Pursuant to Article 4 of Decree 111/2022/ND-CP of Vietnam stipulating the contract performance tasks include:
- Support and service jobs in administrative agencies and public service providers that manage and apply regimes and policies in accordance with the provisions of the labor law, civil law and regulations of the Government. Other relevant laws, including:
+ Driving, guarding
+ Receptionist, serving; Housekeeper; vehicle maintenance; to maintain, maintain and operate the headquarters, equipment and machinery in service of the activities of agencies, organizations and units;
+ Other support and service jobs on the list of supporting and serving positions in administrative agencies and public service providers are not defined as civil servants or public employees as prescribed by law.
- Support and service jobs in administrative agencies that manage and apply regimes and policies like civil servants, including:
+ Security at agencies and units: Office of the Communist party Central Committee, Office of the President, Office of the National Assembly, Office of the Government; Vaults or vaults have the same value as the money of the State Bank of Vietnam, State Treasuries, Tax Seals, and Customs Seals;
+ Driving a vehicle in service of a minister or holding a position or title equivalent to a minister or higher; special-use vehicles for transporting money of the State Bank of Vietnam and State Treasury;
+ Persons doing other supporting and serving jobs at important and secret agencies at the central level under the decision of the head of the agency competent to manage.
Nguyễn Thị Hồng Nhung
