Vietnam: What is Contract 111 of teachers?

What is Contract 111 of teachers in Vietnam?

Currently, the Vietnamese law does not provide an explanation or definition for the term "Contract 111". However, Contract 111 can be understood as the short name for "employment contract under Decree 111/2022/ND-CP".

According to Article 5 of Decree 111/2022/ND-CP, there are two types of contracts signed under this Decree 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.

Contract 111 can be understood as a contract for certain types of work in administrative agencies and public service providers concluded with employees to perform administrative and professional tasks that fall under the applicable cases or agreements in the employment contract based on the payroll outlined in Decree 204/2004/ND-CP.

Thus, Contract 111 concluded by teachers refers to the employment contract concluded by teachers to perform professional tasks as listed in the list of job positions for specialized professional titles and job positions for shared professional titles in public service providers according to Decree 111/2022/ND-CP.

What is Contract 111 of teachers in Vietnam? (Image from the Internet)

What are the conditions for concluding Contract 111 for teachers in Vietnam?

According to the provisions of Article 10 of Decree 111/2022/ND-CP regarding the standards and conditions for teachers to conclude Contract 111, the following conditions must be met:

Standards, requirements, rights and obligations of parties to employment contracts

1. Individuals concluding employment contracts for holding professional positions must fully satisfy the following standards and requirements and have the following rights:

a) Fully meet the standards and requirements specified in Clause 1 Article 8 of this Decree;

b) Fully meet standards and requirements for professional positions as prescribed by specialized law;

c) Be responsible for their professions as prescribed by law, as agreed on in contracts and at the requests of PSPs;

d) Working periods under employment contracts (excluding training periods and challenge periods) for employees signing employment contracts for holding professional positions shall be the basis for salary payment based on positions that employees hold if they are recruited to work as officials or public employees. The building of pay grades corresponding to positions that employees are recruited shall comply with regulations of law;

dd) Be entitled to benefits and policies as prescribed in Point a, Point c Clause 2 Article 8 of this Decree.

Thus, teachers concluding Contract 111 must meet the following conditions:

- Possess Vietnamese nationality;

- Be of legal working age as prescribed by labor law and specialized law;

- Have adequate health to work;

- Have a background verified by a competent authority;

- Have the capability to meet the requirements of the position;

- Not be under criminal prosecution or serving a prison sentence, not undergoing non-custodial rehabilitation, or not being subjected to educational measures in communal-level towns, not being placed in reformatory schools, compulsory educational institutions, or compulsory rehabilitation centers; not being subject to professional practice prohibition or prohibition from performing related work;

- Meet other standards and conditions as prescribed by specialized law and defined by the hiring authority

- Fully adhere to the specialized and professional standards and conditions as prescribed by specialized law;

- Be responsible for performing specialized and professional tasks as prescribed by law, stipulated in the contract, and as required by the public service provider.

What is the newest Contract 111 template for teachers in Vietnam?

The newest Contract 111 template for teachers adheres to the template in Appendix 2 issued with Circular 5/2023/TT-BNV guiding the employment contract template for certain types of work in administrative agencies and public service providers.

A section of the newest contract 111 template

Download the template here