What are the obligations of public administrative units in cooperating to execute contracts for the performance of professional tasks in Vietnam?
- What are the obligations of public administrative units in cooperating to execute contracts for performance of professional tasks in Vietnam?
- Who has the competence to concluding contracts for performance of professional tasks in public administrative units in Vietnam?
- What are the conditions for individuals to conclude contracts for performance of professional tasks in public administrative units in Vietnam?
What are the obligations of public administrative units in cooperating to execute contracts for performance of professional tasks in Vietnam?
Pursuant to Clause 2, Article 10 of Decree 111/2022/ND-CP stipulating the obligations of public administrative units in cooperating to execute contracts for performance of professional tasks in Vietnam as follows:
- Conclude contracts out of the total number of contracts decided by competent authorities;
- Pay wages, implement other benefits and policies for employees as agreed upon or paid under service contracts, ensuring conformity with the provisions of labor law and other relevant laws;
- Regularly monitor and evaluate the expertise and professionalism of the person concluding the employment contract to perform professional tasks;
- Take responsibility before state management agencies for the completion of assigned tasks;
- In case of concluding the employment contract with an individual, the public administrative unit must increase the amount of appropriation of the welfare fund in accordance with the provisions of law on financial autonomy of the public administrative unit to ensure the settlement of benefits and policies in case of termination of the employment contract.
Who has the competence to concluding contracts for performance of professional tasks in public administrative units in Vietnam?
Pursuant to Article 11 of Decree 111/2022/ND-CP stipulating as follows:
Competence to concluding contracts or performance of professional tasks
1. For group 1 units, group 2 units and group 3 units, they guarantee themselves from 70% to less than 100% of regular expenditures: The head of the unit or the authorized person shall conclude the contract.
2. For group 3 units with self-assurance from 10% to less than 70% of cross-bonus expenditures and group 4 units: Competent persons to conclude working contracts with public employees in accordance with the law on public employees or authorized person shall conclude the contract.
3. For concluding service contracts: The head of the competent agency managing the public administrative unit directly concludes the contract at the proposal of the public administrative unit or authorizes the head of the public administrative unit to conclude. In case the district-level People's Committee is a competent agency, it shall conclude the contract after reporting and obtaining the written consent of the provincial-level People's Committee.
Accordingly, competence to concluding contracts or performance of professional tasks is prescribed as follows:
- For group 1 units, group 2 units and group 3 units, they guarantee themselves from 70% to less than 100% of regular expenditures: The head of the unit or the authorized person shall conclude the contract.
- For group 3 units with self-assurance from 10% to less than 70% of cross-bonus expenditures and group 4 units: Competent persons to conclude working contracts with public employees in accordance with the law on public employees or authorized person shall conclude the contract.
- For concluding service contracts: The head of the competent agency managing the public administrative unit directly concludes the contract at the proposal of the public administrative unit or authorizes the head of the public administrative unit to conclude.
- In case the district-level People's Committee is a competent agency, it shall conclude the contract after reporting and obtaining the written consent of the provincial-level People's Committee.
What are the conditions for individuals to conclude contracts for performance of professional tasks in public administrative units in Vietnam?
Pursuant to Clause 1, Article 10 of Decree 111/2022/ND-CP stipulating as follows:
Standards, conditions, rights and obligations of the contracting parties
1. Individuals who conclude employment contracts for performance of professional tasksmust fully satisfy the following criteria and conditions and enjoy the following benefits:
a) Fully satisfy the criteria and conditions specified in Clause 1, Article 8 of this Decree;
b) Fully satisfy professional standards and conditions as prescribed by specialized laws;
c) Take responsibility for the performance of professional tasks as prescribed by law, as agreed upon in the contract and at the request of the public administrative units;
d) The working time under the employment contract (excluding the training or probationary period) in case of concluding an employment contract for performance of professional tasks shall be calculated as a basis for salary classification according to the job position in case of being recruited or accepted as a civil servant or public employee. The salaryclassification corresponding to the job position to be recruited and received shall comply with the provisions of law;
dd) Receive benefits and policies specified at Points a and c, Clause 2, Article 8 of this Decree.
Thus, the conditions for individuals to conclude contracts for the performance of professional tasks in public administrative units in Vietnam are:
- Have Vietnamese nationality;
- Reach full working age in accordance with the provisions of the Labor Code and specialized laws;
- Have sufficient health to perform professional tasks;
- Have a background confirmed by the competent authority;
- Have the ability to meet the requirements of the job position;
- Do not fall under in the period of being examined for criminal liability or serving a sentence of imprisonment, non-custodial reeducation; not subject to educational measures in communes, wards, or towns; do not serve a sentence in a correctional institution or rehabilitation center but granted suspension of sentence enforcement; do not fall under in the period of prohibition from practicing or prohibition from perform tasks related to contract conclusion;
- Meet other standards and conditions as prescribed by specialized laws and standards and conditions of job positions as prescribed by competent recruiting agencies.
- Fully meet professional standards and conditions as prescribed by specialized laws;
- Take responsibility for the performance of professional tasks as prescribed by law, as agreed upon in the contract and at the request of the public administrative units.
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