Do the heads of public service providers in Vietnam have the power to authorize to conclude contracts?

Do the heads of public service providers in Vietnam have the power to authorize to conclude contracts? Ms. Quyen (Sa Dec)

Do the heads of public service providers in Vietnam have the power to authorize to conclude contracts?

Pursuant to the provisions of Article 7 of Decree 111/2022/ND-CP stipulates as follows:

Power to conclude contracts for holding administrative support positions
1. For administrative bodies: heads of administrative bodies that are assigned human resources and funding to act as focal points have power over conclusion of contracts and decision on the number of contracts or are able to decentralize or authorize heads of affiliated agencies and units in writing.
2. For PSPs: Heads of PSPs have power to conclude contracts. If they do not directly conclude contracts, they are able to authorize heads of affiliated units. The authorization must be granted in writing.

Accordingly, for PSPs, heads of PSPs have power to conclude contracts. If they do not directly conclude contracts, they are able to authorize heads of affiliated units.

The authorization must be granted in writing.

Do the heads of public service providers in Vietnam have the power to authorize to conclude contracts?

Do the heads of public service providers in Vietnam have the power to authorize to conclude contracts for holding professional positions?

Pursuant to the provisions of Article 11 of Decree 111/2022/ND-CP stipulates as follows:

Power to conclude contracts for holding professional positions
1. Regarding group-1 units, group-2 units and group-3 units that cover from 70% to less than 100% of their own regular expenditures: heads of units or persons authorized to sign contracts.
2. Regarding group-3 units that cover from 10% to less than 70% of their own regular expenditures and group-4 units: persons having power to sign employment contracts with public employees as prescribed by law on public employees or person authorized to sign contracts.
3. Regarding conclusion of service contracts: heads of authorities having power to manage PSPs shall directly sign contracts according to proposals of PSPs or authorize heads of PSPs to sign them. In case the People’s Committees of districts are competent authorities, reports and written consents issued by the People’s Committees of provinces should be required and before signing contracts.

Accordingly, for group-1 units, group-2 units, group-3 units and group-4 units, they can authorize to sign a contract to perform service work for another person.

For PSPs, heads of authorities having power to manage PSPs shall directly sign contracts according to proposals of PSPs or authorize heads of PSPs to sign them

What are the administrative support positions in administrative bodies and PSPs in Vietnam?

Pursuant to Article 4 of Decree 111/2022/ND-CP stipulating the contract performance tasks include:

- Administrative support positions in administrative bodies and PSPs that are under management and regulations of labor law, civil law and other relative laws include:

+ Drivers, security guards, except cases prescribed in clause 2 of this Article;

+ Receptionists, staffs; housekeepers; security vehicle patrol officers; maintenance and operations staffs of headquarters, equipment and machinery serving operations of agencies, organizations and units;

+ Other administrative support positions which are specified in the list of administrative support positions in administrative bodies and PSPs and are not identified as officials and public employees as prescribed by law.

- Administrative support positions in administrative bodies that are under management and regulations similar to officials include:

+ Security guards 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; Vaults or archives of money-equivalent prints of the State Bank of Vietnam, State Treasury, archives of tax prints, archives of customs prints;

+ Drivers of Ministers or positions and titles equivalent to Ministers or higher positions; drivers of cash transport vehicles of the State Bank of Vietnam and State Treasury;

+ Other administrative support positions at central crucial agencies and secret services according to decisions of heads of competent authorities.

What are the forms and types of contracts and contract requirements in administrative bodies and PSPs in Vietnam?

Pursuant to the provisions of Article 5 of Decree 111/2022/ND-CP stipulates as follows:

Forms and types of contracts and contract requirements
1. Employees holding positions prescribed in Article 4 of this Decree shall be contracted in writing; if a contract is made by electronic means in the form of data messages according to regulations of law on electronic transactions, the electronic contract is valuable as the written contract. Types of signed contracts include:
a) Service contracts under regulations of civil law and other relative laws;
b) Employment contracts under regulations of labor law and regulations in this Decree.
2. Contract requirements
a) For administrative bodies and PSPs: it is required to have demands for conclusion of contracts for performance of tasks prescribed in Article 4 of this Decree and fully meet other requirements as prescribed by law;
b) For organizations providing services: it is required to fully meet operating requirements as prescribed by law, ensure employees’ regulations as prescribed by labor law and other relative laws;
c) For individuals: it is required to fully meet standards and requirements as prescribed in Clause 1 Article 8 if individuals conclude employment contracts for having administrative support positions or Clause 1 Article 10 if individuals conclude employment contracts for professional positions as prescribed in this Decree.

Accordingly, the form of contract signing in administrative bodies and PSPs is in writing. 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 is valid as a written contract.

Thư Viện Pháp Luật

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