Do public employees who are transferred to new workplaces have to sign working contracts in Vietnam?

Do public employees who are transferred to new workplaces have to sign working contracts in Vietnam?

In Article 20 of Decree 115/2020/ND-CP, there are provisions on contents related to the working contract as follows:

1. The working contract is signed in writing between the public employee or the person recruited as public employee and the head of the public non-business unit. In case the public employee is the head of a public non-business unit, a working contract shall be signed by the agency competent to manage the public non-business unit.

2. Public employees who were recruited before July 1, 2020 but are performing a definite-term working contract, shall continue to perform the signed working contract, even if the public employee moves to other public enterprises as prescribed in Clause 4 of this Article, after the expiration of the term of the signed working contract, they may enter into an indefinite-term working contract if they fully satisfy the requirements as prescribed in Clause 1 of this Article. provisions of the law.

3. During the performance of the working contract, if there is a change in the contents of the working contract, the public employee or the person recruited as public employees shall reach agreement with the head of the public non-business unit on the contents of such change and shall be effected by signing an appendix to the working contract or signing a new working contract containing such changes.

4. In case a public employee is approved by a competent authority to move to another public non-business unit, he/she shall not conduct new recruitment and not settle the severance regime, but must sign a new working contract with head of a public non-business unit or an agency competent to manage public non-business units; and at the same time implement the appropriate salary regime for public employees on the basis of the type of work contract of the public employee being signed at the public non-business unit before the job transfer, capacity, presentation training level, working history, salary evolution and time of payment of compulsory social insurance of public employees.

Thus, according to the above provisions in Vietnam, in case a public employee is transferred to another public non-business unit, he/she will have to sign a new working contract. Therefore, you will have to sign a new working contract when you move to a new workplace.

What is form of working contract with a definite term in Vietnam? 

In the Appendix issued together with Decree 115/2020/ND-CP, there are regulations on form of working contract with a definite term as follows:

 DEFINITION WORKING CONTRACT

Pursuant to the Government's Decree No. ……/2020/ND-CP dated ....month ....2020 on recruitment, employment and management of public employees;

Pursuant to Decision …………. of …………. on the recognition of the results of public employee recruitment ............

We, on the one hand, are Mr/Ms: ……………………………………………………………………………………………….

Position: …………………………………………………………………………………………………...

Representative of the unit (1).………………………………………………………………………………………………..

Address................................................ ................................. ..........................

Phone:............................................... ................................. ..........................

And one side is Mr/Ms: ........................................... ……………………..

Born on ..... month ..... year ...... at ..................................... ................................. ..

Degree training: ………………………………………………………………………………………..

Specialized training: …………………………………………………………………………………

Graduation year: ………………………………………………………………………………………….

Occupation before being hired …………………………………………………….

Permanent address at: …………………………………………………………………………………………..

………………………………………………………………………………………………..

Number of people's identity card or citizen identification card …………………………………………………….

Issued on ..... month ..... year ..... at …………………………………………………….

Agreement to sign a working contract and commit to comply with the following terms:

Article 1. Type of contract, term and contractual obligations

- Type of fixed-term working contract (2) ……………………………………………………..

- Duration of contract: ………………………………………………………………………………

- From …….. month ………… year …….. to …….. month ………… year …………………….

- Time to perform the probationary regime (if any): ……………………..

- From …….. month ………… year ……………… to ……..month ………… year ……………………

- Working place (3): ………………………………………………………………………………………………

- Professional titles: ……………………………………………………………………………..

- Position (if any): ……………………………………………………..

- Task (4) ………………………………………………………………………………………………

Article 2. Working regime

- Working hours (5): ..................... ................................. ..........

- Equipped with working facilities including: ……………………..

………………………………………………………………………………………………

………………………………………………………………………………………………

Article 3. Obligations and interests of the person signing the working contract

1. Obligations:

- Complete the tasks committed in the work contract.

- Comply with the internal rules, regulations of the unit, work discipline, and the provisions of Articles 16, 17, 18 and 19 of the Law on Public Employees.

- Comply with the disciplinary action and pay compensation in accordance with the law.

- Comply with the arrangement and assignment when the non-business units have needs.

2. Benefits:

- To enjoy the benefits specified in Article 11, Article 12, Article 13, Article 14 and Article 15 of the Law on Public Employees.

- Means of travel to work (6): ………………………………………………………………………………………………

- Appointed professional title (code) (7): ................................, Grade: …………. Coefficients salary …………………………………………………………………

- Allowances (if any) include (8): ………………………………………………………………………………………………

paid ………… times on ………….. and ………….. monthly.

- Time for calculating salary increase: …………………………………………………….

- Bonus: ………..…………….………………………………………………………..

………………………………………………………………………………………………..

- Be equipped with protective equipment when working (if any) including: …………………………………………………….

………………………………………………………………………………………………..

………………………………………………………………………………………………..

- Number of paid annual leave days (holidays, leave, personal work)

………………………………………………………………………………………………

………………………………………………………………………………………………

- Insurance regime (9): ……………………………………………………..

………………………………………………………………………………………………

………………………………………………………………………………………………

- Enjoy benefits: …………………………………………………….

………………………………………………………………………………………………

………………………………………………………………………………………………

- To be entitled to bonuses, salary increase, examination or consideration for promotion of professional titles, professional training and retraining, performing scientific and technological cooperation tasks with domestic or foreign units. according to the provisions of law (10): …………………….

………………………………………………………………………………………………

………………………………………………………………………………………………

- To enjoy the severance regimes, severance allowances, and compensation in accordance with the law on public employees.

- To continue to sign a working contract 60 days before the expiration of the working contract when the public non-business unit still needs it.

- Have the right to propose, complain, change, request the termination of the working contract in accordance with the law.

- Other agreements (11)………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

Article 4. Obligations and powers of heads of non-business units

1. Obligations:

 - Job security and full implementation of the commitments in the work contract;

- Pay in full and on time the regimes of the employees committed in the working contract.

- Before the expiration of the employee's 60-day working contract, the employee must continue to sign a working contract with the public employee in case the non-business unit still needs, the employee fully meets the requirements as prescribed. under the law.

2. Powers

- Employing public employees to complete the work under the contract (Arranging, assigning, temporarily suspending work...).

- Terminate working contracts, discipline public employees in accordance with the law on public employees.

Article 5: Implementing Provisions

- Issues of rights, obligations and responsibilities of public employees not stated in this employment contract shall comply with the provisions of the law on public employees.

- This contract is made into 03 copies with the same value, the non-business unit signs the contract to keep 02 copies, the employee signs the contract to keep 01 copy, the contract takes effect from ... month... ...

This contract is made at …………, date … month .. year …

Note:

1. Specify the name of the non-business unit.

2. Specify the definite term contract, then specify the starting and ending time limit.

3. Specify the house number, street, ward (village, commune), district (district, town), province or central city.

4. Specify specific tasks to be performed.

5. Specify the number of working hours in a day, or in a week, or working by office hours.

6. Means of going to work are taken care of by the unit or by the employee himself.

7. Specify the appointed professional title, main salary, form of salary payment (time salary, contract...).

8. Specify the percentage of allowances (if any) such as: Area, price slippage, toxic, attractive, seniority, responsibility, etc..

9. Specify the social insurance benefits and other allowances that the public employees are entitled to. Example: To enjoy social insurance benefits according to the current regime of the State.

10. Specify other commitments associated with the nature and characteristics of the industry, field and specific conditions of the public non-business unit but not contrary to the provisions of the Law on Public Employees and other provisions of the relevant law.

11. Specify which benefits the officer is entitled to as stated in this section.

12. Other agreements are usually the ones that encourage and benefit the employee, such as: Cheap items that perish quickly, when damaged, lost, no compensation, good performance Contracts can go. travel, vacation, free sightseeing, 13th, 14th month salary, extra days off to a week, accident accident outside working hours, extra allowance, gift birthday.

Above is a sample working contract with a definite term in Vietnam for public employees.

Best Regards!