Are contractual teachers of public schools civil servants or public employees in Vietnam?

Are contractual teachers of public schools civil servants or public employees in Vietnam?

Pursuant to Clause 2 Article 4 of the Law on Cadres and Civil Servants in 2008 (amended by Clause 1 Article 1 of the Law on amendments to the Law on Cadres and Civil Servants and the Law on Public Employees in 2019) stipulating civil servants as follows:

2. Civil servants are Vietnamese citizens, recruited and appointed to ranks, positions and titles corresponding to their working positions in agencies of the Communist Party of Vietnam, the State, and socio-political organizations at the central, provincial, and district levels; in agencies and units of the People's Army but are not officers, professional soldiers, or defense workers; in agencies and units of the People's Public Security but are not officers or non-commissioned officers serving under the professional regime, police workers, on the payroll and receiving salaries from the state budget.

Pursuant to Article 2 of the Law on Public Employees in 2010 stipulating as follows:

Public employees are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law.

Civil servants are Vietnamese citizens recruited and appointed to ranks corresponding to job positions in State agencies and not through contract signing.

Public employees are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law.

A contractual teacher is a person recruited under a labor contract regime. Therefore, a contractual teacher in a public school is an employee according to the law.

Can contractual teachers of public schools sign indefinite contracts in Vietnam?

Pursuant to Article 25 of the Law on Public Employees in 2010 (amended by Clause 2 Article 2 of the Law on amendments to the Law on Cadres and Civil Servants and the Law on Public Employees in 2019) stipulating types of working contracts as follows:

1. A fixed-term working contract is a contract in which the two parties determine the term and termination date of the contract within a period of 12 to 60 months.

Fixed-term working contracts apply to people recruited as public employees from July 1, 2020, except for the cases specified in Points b and c, Clause 2 of this Article.

2. A working contract with an indefinite term is a contract in which the two parties do not determine the term or termination date of the contract. Working contracts with indefinite term apply to the following cases:

a) Civil Servants recruited before July 1, 2020;

b) Civil Servants and Public Employees transferred to become public employees according to the provisions of Point b, Clause 1, Article 58 of this Law;

c) People recruited as public employees working in areas with extremely difficult socio-economic conditions.

3. The Government shall detail this Article.

To be eiligible to sign indefinite contract, an public employee must fall into one of the following cases: the public employee was recruited before July 1, 2020; cadres and civil servants transferred to become public employees according to the provisions of Point b, Clause 1, Article 58 of this Law; people recruited as public employees working in areas with particularly difficult socio-economic conditions.

So, at the present time, if you work at a public school in an area with particularly difficult socio-economic conditions, you are eiligible to sign indefinite contract.

What content are included in the working contract of public employees in Vietnam?

Pursuant to Article 26 of the Law on Public Employees in 2010 stipulating contents and forms of the working contract of public employees in Vietnam as follows:

1. A working contract has the following principal contents:

a/ Names and addresses of the public non-business unit and its head;

b/ Full name, address and date of birth of the recruited person, and full name, address and date of birth of the at-law representative of the recruited person, in case the recruited person is under 18 years old:

c/ Work or tasks, working position and workplace;

d/ Rights and obligations of the parties;

e/ Type of the working contract, its term and conditions for its termination:

f/ Salary, bonus and other entitlements (if any);

g/ Working lime and rest time:

h/ Probation regime (if any);

i/ Working conditions and matters related to labor protection:

j/ Social insurance and health insurance:

k/ Effect of the working contract:

m/ Other commitments associated with the nature and characteristics of the sector or field and special conditions of the public non-business unit, which must not be contrary to this Law and other relevant laws.

2. A working contract shall be signed in writing between the head of a public non-business unit and the recruited public employee and made in 3 copies, one of which shall be handed to the public employee.

3. For professional titles required by law to be appointed by the superiors of public non-business units, the signing of working contracts must be consented to by such superiors.

Above are content included in the working contract of public employees in Vietnam.

Best regards!