Vietnam: What standards, conditions, rights and obligations must public non-business units meet in signing professional contracts?
- How is the number of people entering into labor contracts regulated by public non-business units in Vietnam?
- How are standards, conditions, rights and obligations of non-business units signing professional contracts regulated in Vietnam?
- Who has the authority to sign contracts for the performance of professional work in public non-business units in Vietnam?
How is the number of people entering into labor contracts regulated by public non-business units in Vietnam?
Pursuant to Article 9 of Decree 111/2022/ND-CP stipulating the number of people signing labor contracts to do professional and professional jobs as follows:
- The public non-business unit shall ensure its own recurrent expenditures and investment expenditures and the public non-business unit shall ensure its regular expenditure to sign labor contracts to do professional and professional work in a job position undertaken by the officer according to the needs of using human resources of the unit.
- Public non-business units shall ensure part of their regular expenditures for signing labor contracts for professional work and professional provision of public career services without using the state budget to meet the needs of using human resources that are lacking compared to the norm of the number of people working in public non-business units managed by the ministry, issued areas. For self-assured units with less than 70% of recurrent expenditures or units that have not been assigned financial autonomy, they must report to the competent authority managing the unified public non-business unit before implementation.
- Public non-business units guaranteed by the State for regular expenditures, except those in the field of education and health, may sign labor contracts for a period not exceeding 12 months to do jobs in positions of specialized professional titles and job positions of shared professional titles to supplement human resources. lack compared to the number of employees assigned by the competent authority or to promptly replace the number of employees on maternity, severance or retirement.
- Public non-business units guaranteed by the State for recurrent expenditures in the field of education and health careers shall sign labor contracts for a period not exceeding 12 months to do jobs in employment positions of changing professional titles and employment positions of shared professional titles, but the number of people signing labor contracts accounts for no more than 70% of the difference between the number of assigned workers and the number according to the norms issued by the Ministry of Education and Training and the Ministry of Health. The number of contracts signed shall be considered and decided by provincial-level People's Councils or ministries, ministerial-level agencies, Government-attached agencies, central management agencies.
- Public non-business units shall ensure part of recurrent expenditures and public non-business units shall be guaranteed by the State for recurrent expenditures, and the number of working persons assigned by competent authorities must be recruited for the assigned number.
- People's Committees of centrally-run cities where urban governments are organized and where urban governments are piloted based on population size, budget conditions, socio-economic characteristics in each period and the need to use human resources are lacking compared to the norm of the number of working people to decide on the signing of the contract. co-service with non-public units and organizations to perform professional and professional activities in the field of education and health at public non-business units in the area under their management, ensuring that the total regular budget expenditure from the state budget is not increased as prescribed.
For public non-business units under central management located in the above-mentioned localities, they shall be decided by ministries, ministerial-level agencies, Government-attached agencies, centrally managed agencies.
Accordingly, based on each case as prescribed above to determine the number of people signing labor contracts to work professionally and professionally with public non-business units.
Vietnam: What standards, conditions, rights and obligations must public non-business units meet in signing professional contracts?
How are standards, conditions, rights and obligations of non-business units signing professional contracts regulated in Vietnam?
Pursuant to Clause 2, Article 10 of Decree 111/2022/ND-CP, the standards, conditions, rights and obligations of the contracting party doing professional and professional work are public career applications as follows:
- To sign contracts out of the total number of contracts decided by competent authorities;
- Pay wages, implement other regimes and policies for employees as agreed 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 signing the labor contract as a professional profession;
- Take responsibility before state management agencies for the completion of assigned tasks;
- In case of signing a labor contract with an individual, the public non-business unit must increase the amount of appropriation of the welfare fund in accordance with the provisions of law on financial autonomy of the public non-business unit to ensure the settlement of the regime and policies in case of termination of the labor contract.
Who has the authority to sign contracts for the performance of professional work in public non-business units in Vietnam?
Pursuant to Article 11 of Decree 111/2022/ND-CP stipulating as follows:
Competence to sign contracts for the performance of professional and professional work
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 person authorized to sign 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 shall sign contracts to work with officials in accordance with the law on employees or persons authorized to sign contracts.
3. For signing service contracts: The head of the competent agency managing the public non-business unit directly signs the contract at the proposal of the public non-business unit or authorizes the head of the public non-business unit to sign. In case the district-level People's Committee is a competent agency, it shall sign the contract after reporting and obtaining the written consent of the provincial-level People's Committee.
Accordingly, the competence to sign contracts for the performance of professional and professional work in public non-business units 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 person authorized to sign the contract.
- For group 3 units with self-assurance from 10% to less than 70% of cross-award payments and group 4 units: Persons authorized to sign contracts to work with officials in accordance with the law on officers or persons authorized to sign contracts.
- For signing service contracts: The head of the competent agency managing the public non-business unit directly signs the contract as proposed by the public non-business unit or authorizes the head of the public non-business unit to sign.
- In case the district-level People's Committee is a competent agency, it shall sign the contract after reporting and obtaining the written consent of the provincial-level People's Committee.
Decree 111/2022/ND-CP will come into force from February 22, 2023.
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