Vietnam: Which cases are not required to renew contracts as prescribed in Decree No. 111/2022/ND-CP? Is the contract for the performance of support and service work authorized to sign?
Which cases are not required to renew contracts as prescribed in Decree No. 111/2022/ND-CP?
Pursuant to Clause 3, Article 13 of Decree No. 111/2022/ND-CP stipulating as follows:
Transitional clauses
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3. Employees who are holding positions prescribed in Clause 2 Article 4 of this Decree and are on contracts according to Decree No. 68/2000/ND-CP shall not be required to renew their contracts as prescribed in this Decree. Benefits and policies shall be applied as prescribed in Point b Clause 2 Article 8 of this Decree.
Pursuant to Clause 2, Article 4 of Decree No. 111/2022/ND-CP stipulating as follows:
Works for executing contracts
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2. Administrative support positions in administrative bodies that are under management and regulations similar to officials include:
a) 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;
b) 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;
c) Other administrative support positions at central crucial agencies and secret services according to decisions of heads of competent authorities.
According to the above regulations, administrative support positions in administrative bodies 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.
Vietnam: Which cases are not required to renew contracts as prescribed in Decree No. 111/2022/ND-CP? Is the contract for the performance of support and service work authorized to sign?
What are the benefits of officials?
Pursuant to the provisions at Point b, Clause 2, Article 8 of Decree No. 111/2022/ND-CP as follows:
Standards, requirements, rights and obligations of parties of contracts for holding administrative support positions in Vietnam
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2. Rights of employees
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b) In case of resignment of employees prescribed in Clause 2 Article 4 of this Decree who are not on payrolls of competent authorities and are entitled to the benefits prescribed in Section II Chapter II of the Law on Officials in 2008 and other laws on benefits and policies for officials, they shall not be entitled to the benefits prescribed in this Point and shall work under employment contracts as prescribed in Clause 1 Article 4 of this Decree if they still wish to hold administrative support positions. Recruitment, evaluation, planning, appointment and other contents related to official tasks shall comply with regulations of heads of managing authorities;
According to the above regulations, the benefits and policies for people who are doing any work at administrative agencies are not required to renew contracts under Decree No. 111/2022/ND-CP as follows:
- To be entitled to benefits and policies for officials including:
+ The right of cadres and civil servants to be guaranteed conditions for official duty performance
+ Rights of cadres and civil servants on salary and salary-related regimes
+ Right of cadres and civil servants to rest
+ Other rights of cadres and civil servants
Note: When you stop taking on the jobs, you will not continue to enjoy the above regimes and policies and switch to signing employment contracts to do support and service work if needed.
Is the contract for the performance of support and service work authorized to sign?
Pursuant to the provisions of Article 7 of Decree No. 111/2022/ND-CP stipulating as follows:
Power to conclude contracts for holding administrative support positions in Vietnam
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 public service providers: Heads of public service providers 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.
Thus, for administrative bodies, it is possible to authorize the signing of contracts to perform support and service work, but for public service providers, when the head of public service providers does not directly sign a contract can authorize the head of the unit under or under it to perform. The authorization must be granted in writing.
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