Extending the Employment Contract Term of Public Employee up to 5 Years from July 01, 2020

This is one of the notable contents in the Law amending and supplementing certain articles of the Law on Cadres and Civil Servants and the Law on Public Employees, which was passed by the National Assembly at the 8th session of the 14th National Assembly on November 25, 2019.

5-Year Term Contract for Public Employee

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Law on Amendments and Supplements to the Law on Cadres, Civil Servants, and Public Employees

Specifically, according to the content of this Law, all public employees recruited from July 1, 2020, must sign fixed-term employment contracts, except for the three cases stipulated in Clause 2, Article 25 of the 2010 Law on Public Employees as amended and supplemented in Clause 2, Article 2 of the Law on Amendments and Supplements to Certain Articles of the Law on Cadres, Civil Servants, and Public Employees.

A fixed-term employment contract is a contract in which both parties determine the term and the termination point of the contract within a period from 12 months to 60 months. (According to the current provisions of the 2010 Law on Public Employees, the term of a public employee's employment contract is from 12 months to 36 months).

Thus, the Law on Amendments and Supplements to Certain Articles of the Law on Cadres, Civil Servants, and Public Employees has extended the maximum term of a public employee's employment contract to 5 years (60 months).

Additionally, this Law emphasizes that 60 days before the expiration of the employment contract, the head of the public service provider must either renew or terminate the employment contract with the public employee.

If the public service provider still has a need and the public employee meets all legal requirements, the head of the public service provider must renew the employment contract with the public employee. If not renewing, the head must provide a written justification.

Nguyen Trinh

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