Law amending and supplementing a number of articles of the Law on Public Officials and the Law on Public Employees passed by the National Assembly at the 8th Session, 14th National Assembly, on November 25, 2019.
Article table of contents
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Law on Amendments and Supplements to the Law on Cadres, Civil Servants, and the Law on Public Employees
This Law stipulates that public employees recruited from July 1, 2020, must sign fixed-term employment contracts, except for the following three cases where public employees are still allowed to sign indefinite-term contracts: public employees recruited before July 1, 2020; civil servants converted into public employees according to point b clause 1 Article 58 of the Public Employee Law 2010; and individuals recruited as public employees working in areas with particularly difficult socio-economic conditions.
Thus, according to this regulation, it can be understood that public employees recruited from July 1, 2020, onwards will not enjoy this policy anymore if they are not civil servants converted into public employees or working in areas with particularly difficult socio-economic conditions. For those public employees who signed employment contracts before July 1, 2020, they will enjoy permanent tenure.
However, Clause 10 Article 2 of This Law has added Clause 2a after Clause 2 Article 59 of the Public Employee Law 2010. According to this, public employees recruited before July 1, 2020, but who have not yet signed indefinite-term contracts, shall continue to perform the signed fixed-term contracts; upon completion of the fixed-term contracts, they will be allowed to sign indefinite-term contracts if they meet all legal requirements.
Thus, according to this regulation, not all public employees recruited before July 1, 2020, will enjoy permanent tenure; the fixed-term or indefinite-term nature of the contract signed before July 1, 2020, must be considered. If the contract is fixed-term, the public employee must meet the statutory requirements to sign an indefinite-term contract. Conversely, if they do not meet the requirements, they will not be eligible to sign an indefinite-term contract, meaning they will not automatically enjoy the policy of permanent tenure.
Nguyen Trinh
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