Can a civil servant who becomes a public employee sign an indefinite-term working contract in Vietnam?

Can a civil servant who becomes a public employee sign an indefinite-term working contract in Vietnam?

Pursuant to Article 25 of the Law on Public Employees 2010 as amended by Article 2 of the Law on Cadres and Civil Servants and the amended Law on Public Employees 2019 has the following provisions:

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. An indefinite-term working contract is a contract in which the two parties do not specify the term or termination date of the working contracts with indefinite term apply to the following cases:

a) Officials recruited before July 1, 2020;

b) Officials and civil servants 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.

Thus, according to the above regulations in Vietnam, when switching from a civil servant to a public employee, you will sign a working contract for an indefinite term.

Can a civil servant who becomes a public employee sign an indefinite-term working contract in Vietnam? (Image from the Internet)

What are regulations on contents and forms of working contracts in Vietnam?

Pursuant to Article 26 of the Law on Public Employees 2010 stipulates contents and forms of working contracts 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:

1/ 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.

According to this Article, the public employee's working contract will have the content and form as prescribed above in Vietnam.

What are regulations on probation regime of public employees in Vietnam?

Pursuant to Article 27 of the Law on Public Employees 2010, probation regime for public employees is prescribed as follows:

1. A recruited public employee must undergo the probation regime, except those who have at least full 12 months of performing professional work relevant to the working positions for which they are recruited.

2. The probation period may last from 3 months to 12 months and must be stated in the working contract.

3. The Government shall detail the probation regime.

Thus, the probation regime for public employees is implemented according to the above regulations in Vietnam.

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