What is the latest form of employment contract replacing contract Form No. 68 to perform support and service work in administrative agencies and public non-business units in Vietnam in 2023?
- What is the latest form of employment contract to perform support and service work in administrative agencies and public non-business units in Vietnam in 2023?
- What is the authority to sign contracts to perform support and service work in administrative agencies and public non-business units in Vietnam?
- What are the obligations and rights of employees in the contract to perform support and service work in Vietnam?
What is the latest form of employment contract to perform support and service work in administrative agencies and public non-business units in Vietnam in 2023?
On June 20, 2023, the Ministry of Home Affairs has just issued Circular 5/2023/TT-BNV guiding the form of employment contract to perform support and service work in administrative agencies and public non-business units.
Pursuant to the Appendix issued together with Circular 5/2023/TT-BNV stipulating the latest form of employment contract to perform support and service work in administrative agencies and public non-business units in 2023 has the following form:
Download sample employment contract to perform support and service work in administrative agencies and public non-business units: Click here.
What is the latest form of employment contract replacing contract Form No. 68 to perform support and service work in administrative agencies and public non-business units in Vietnam in 2023?
What is the authority to sign contracts to perform support and service work in administrative agencies and public non-business units in Vietnam?
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.
According to the above provisions, the authority to sign a contract to perform support and service work is as follows:
- For administrative bodies: heads of administrative bodies that are assigned human resources and funding to act as focal points have power over the conclusion of contracts and decision on the number of contracts;
On the other hand, they are able to decentralize or authorize heads of affiliated agencies and units in writing.
- 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.
Note: The authorization must be granted in writing.
What are the obligations and rights of employees in the contract to perform support and service work in Vietnam?
Pursuant to the provisions of Clause 2, Article 8 of Decree 111/2022/ND-CP and Clause 3, Article 8 of Decree 111/2022/ND-CP, as follows:
Standards, requirements, rights and obligations of parties of contracts for holding administrative support positions
....
2. Rights of employees
a) Employees holding administrative support positions prescribed in Clause 1 Article 4 of this Decree shall be entitled to salaries and other benefits as agreed upon in employment contracts. Salaries prescribed in employment contracts shall be applied in two forms: salary levels are applied according to salary agreements in conformity with labor law or salary levels are applied according to pay grades of officials and public employees within budgets of agencies, organizations and units. If pay grades officials and public employees are applied as prescribed in salary agreements, allowances (if any) in their salaries; salary increments and other benefits of officials and public employees shall also be applied;
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;
c) Employees holding positions prescribed in Clause 1 and Clause 2 Article 4 of this Decree shall be entitled to other rights as prescribed by labor law, except for other agreements.
3. Obligations of employees
a) Perform tasks as agreed on in employment contracts and other tasks assigned by competent authorities;
b) Comply with rules, regulations and charters of agencies, organizations and units;
c) Abide by decisions of competent managing authorities.
Accordingly, employees in the contract performing support and service work have the rights and obligations as prescribed above.
Circular 5/2023/TT-BNV takes effect from June 20, 2023
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