Is it possible to sign an employment contract with persons planting trees in the state agency? Who have the power to sign employment contracts of administrative agencies and public service units?
- What are the conditions for signing contracts with the State administrative agencies and/or public-service units?
- Is it possible to sign an employment contract with persons planting trees in the state agency?
- Who have the power to sign employment contracts of administrative agencies and public service units?
What are the conditions for signing contracts with the State administrative agencies and/or public-service units?
According to Article 6 of Decree 68/2000/ND-CP of Vietnam (amended by Clause 4 Article 3 of Decree 161/2018/ND-CP of Vietnam) on conditions for signing contracts with the State administrative agencies and/or public-service units:
- Conditions to be met by parties for signing contracts with the State administrative agencies and/or public-service units:
+ For individuals:
Having good health as required by the jobs, with certification by the health bodies of district or higher level;
Having a clear background;
Being capable and qualified to accomplish their jobs;
Being neither in the period of being examined for penal liability, serving an imprisonment sentence, being subject to a non-custodial reform penalty, penal probation, administrative probation, commune-, ward- or district town-based education measures nor consigned into medical establishments or reformatories, nor in the duration of being banned from holding certain posts, practicing certain occupations or doing certain jobs related to jobs for which contracts are signed.
+ Individuals and organizations providing services must be capable of performing jobs specified in Article 1 of this Decree and satisfy all business conditions as prescribed by law.
- Conditions and power to sign employment contracts of administrative agencies and public service units:
+ Conditions for signing employment contracts
Administrative agencies and public service units have demands for recruiting persons to perform the tasks in Article 1 hereof in conformity with their approved working positions.
+ Power to sign employment contracts
For administrative agencies: Heads of administrative agencies that are provided with payroll and funding derived from state budget shall have the power to sign employment contracts. If these competent persons cannot directly sign employment contracts with employees, they may authorize heads of their affiliated agencies/units in writing to sign employment contracts.
For public service units: Heads of public service units that use contractual employees shall have the power to sign employment contracts.
Sign employment contracts with administrative agencies and public service units
Is it possible to sign an employment contract with persons planting trees in the state agency?
Pursuant to Clause 3 Article 3 of Decree 161/2018/ND-CP of Vietnam on tasks performed without signing contracts in administrative agencies and public service units:
“Article 3. Tasks performed without signing contracts in administrative agencies and public service units
1. Conclusion of employment contracts with the following persons shall not be performed:
a) Persons performing professional tasks at working positions of officials at administrative agencies or public employees at public service units of which recurrent expenditure is entirely or partially funded by the State.
b) Security guards at the following agencies/units: Office of the Government, cash vaults or stores of written records valuable as cash of the State Bank of Vietnam, State Treasury, written tax records store and written customs records store.
c) Drivers of armored vehicles used for transporting money of State Bank of Vietnam and State Treasury.
2. Eligibility requirements, contents and form of recruitment in the cases prescribed in Point b and Point c Clause 1 of this Article shall be decided by the head of the relevant authority competent to perform recruitment.”
According to the regulations, employment contracts cannot be signed for persons performing professional tasks, while tree planting is not a professional task in state agencies, so it is possible to sign employment contracts.
Who have the power to sign employment contracts of administrative agencies and public service units?
According to Clause 2 Article 6 of Decree 68/2000/ND-CP of Vietnam (amended by Clause 4 Article 3 of Decree 161/2018/ND-CP of Vietnam) on conditions to sign employment contracts of administrative agencies and public service units:
“Article 6.
[…]
2. Conditions and power to sign employment contracts of administrative agencies and public service units:
[…]
b) Power to sign employment contracts
For administrative agencies: Heads of administrative agencies that are provided with payroll and funding derived from state budget shall have the power to sign employment contracts. If these competent persons cannot directly sign employment contracts with employees, they may authorize heads of their affiliated agencies/units in writing to sign employment contracts.
For public service units: Heads of public service units that use contractual employees shall have the power to sign employment contracts.”
According to the above regulations, for administrative agencies: Heads of administrative agencies that are provided with payroll and funding derived from state budget shall have the power to sign employment contracts. If these competent persons cannot directly sign employment contracts with employees, they may authorize heads of their affiliated agencies/units in writing to sign employment contracts. For public service units: Heads of public service units that use contractual employees shall have the power to sign employment contracts.
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