What is the latest form of service contract to replace Form No. 68 in administrative agencies and public non-business units in Vietnam in 2023?
- What is the latest form of service contract in administrative agencies and public non-business units in Vietnam in 2023?
- What are the forms of service contracts signed in administrative agencies and public non-business units in Vietnam?
- What are the rights and obligations of the service provider in the service contract in Vietnam?
What is the latest form of service contract 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 service contract and form of employment contract for some types of work in administrative agencies and public non-business units.
Pursuant to the provisions in the Appendix issued together with Circular 5/2023/TT-BNV, the latest form of service contract in administrative agencies and public non-business units in 2023 has the following form:
Download the latest form of service contract in administrative agencies and public non-business units in 2023: Here
What is the latest form of service contract replacing contract 68 in administrative agencies and public non-business units in Vietnam in 2023?
What are the forms of service contracts signed in administrative agencies and public non-business units in Vietnam?
Pursuant to the provisions of Article 5 of Decree 111/2022/ND-CP stipulating the forms of service contracts in administrative agencies and public non-business units as follows:
Forms and types of contracts and contract requirements
1. Employees holding positions prescribed in Article 4 of this Decree shall be contracted in writing; if a contract is made by electronic means in the form of data messages according to regulations of law on electronic transactions, the electronic contract is valuable as the written contract. Types of signed contracts include:
a) Service contracts under regulations of civil law and other relative laws;
b) Employment contracts under regulations of labor law and regulations in this Decree.
2. Contract requirements
a) For administrative bodies and PSPs: it is required to have demands for conclusion of contracts for performance of tasks prescribed in Article 4 of this Decree and fully meet other requirements as prescribed by law;
b) For organizations providing services: it is required to fully meet operating requirements as prescribed by law, ensure employees’ regulations as prescribed by labor law and other relative laws;
c) For individuals: it is required to fully meet standards and requirements as prescribed in Clause 1 Article 8 if individuals conclude employment contracts for having administrative support positions or Clause 1 Article 10 if individuals conclude employment contracts for professional positions as prescribed in this Decree.
Accordingly, there are two forms of signing service contracts in administrative agencies and public non-business units: signing contracts in writing and signing contracts via electronic means in the form of data messages according to the provisions of law on electronic transactions.
What are the rights and obligations of the service provider in the service contract in Vietnam?
Pursuant to the provisions of Article 3 of service contracts in administrative agencies and public non-business units, the Appendix issued together with Circular 5/2023/TT-BNV stipulates the rights and obligations of service provider in the service contract as follows:
Rights of the service provider
- Request Party A to provide necessary information, documents and means to perform the work as agreed in this contract and in accordance with the law.
- Request party A to pay for the service as agreed in this contract.
- Change service conditions for the benefit of Party A without necessarily having Party A's opinion if waiting for comments will cause damage to Party A, and must immediately notify Party A as soon as possible.
- Other rights as agreed by the parties.
Obligations of the service provider
- Perform the work in accordance with the quality, quantity, time limit and location agreed upon in this contract.
- Within a maximum of ... working days from the date of receipt of the written notice of Party A, Party B must arrange a new worker to replace the employee that Party A considers unsuitable according to the provisions of Party A.
- Provide Party A with relevant legal documents upon request.
- Require employees to comply with Party A's management.
- Preserve and hand over to Party A the assigned documents and means after completing the work (if any).
- Immediately notify Party A of incomplete information and documents, and inadequate quality means to complete the work (if any).
- Request and take initiative in taking measures to keep Party A's information confidential.
- The contract cannot be transferred to a third party without the written consent of Party A.
- Compensate for damage to Party A and bear sanctions as agreed between the two parties in accordance with the law if the contract is breached.
- Other obligations as agreed by the parties.
Circular 5/2023/TT-BNV will take effect from June 20, 2023
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