Circumstances in which a Public Employee is Eligible for a Permanent Contract

The Ministry of Home Affairs is drafting a Law on amendments and supplements to the Law on Cadres, Officials, and the Law on Public Employees with many regulations more suitable to reality. Notably, there is a regulation on the cases where public employees are allowed to sign indefinite-term employment contracts.

According to the current regulations in Clause 2, Article 25 of the Law on Public Employees 2010, an indefinite-term employment contract is a contract in which the two parties do not specify the term and the termination point of the contract's effect.

The indefinite-term labor contract applies to cases where the fixed-term employment contract has been completed and to cases where officials are transferred to public employees.

However, the Draft Law on Cadres, Officials, and the Law on Public Employees has proposed amendments and supplements to this regulation. Accordingly, public employees may sign an indefinite-term contract if they fall into one of the following three cases:

- Public employees who have signed a fixed-term employment contract before the effective date of the Law amending and supplementing a number of articles of the Law on Cadres, Officials, and the Law on Public Employees;

- Cadres, officials who are transferred to public employees as stipulated in Points d and dd, Clause 1, Article 58 of this Law;

- Public employees who have completed fixed-term employment contracts at public service providers in remote, isolated areas, and areas with particularly difficult socio-economic conditions.

For detailed content, refer to the Draft Law on Cadres, Officials, and Law on Public Employees amendment currently being drafted by the Ministry of Home Affairs.

Le Hai

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