This is a notable provision in the Law amending and supplementing certain articles of the Law on Cadres, Public Officials, and the Law on Public Employees issued by the National Assembly on November 25, 2019, and officially taking effect from July 1, 2020.
Article table of contents
Illustrative image (source: internet)
The amended Law on Cadres and Civil Servants and Public Employee Law 2019 has revised and supplemented an important provision in Article 25 of the Public Employee Law 2010. Specifically, this law defines fixed-term working contracts as contracts in which both parties determine the duration and the termination time of the contract within a period from 12 to 60 months (instead of 12 to 36 months). Most notably, this contract applies to individuals recruited as public employees from July 01, 2020, except for the cases specified in points b and c, clause 2 of this Article.
This means that from July 01, 2020, public employees who complete fixed-term working contracts will no longer be automatically converted to indefinite-term working contracts. Instead, public employees will have to sign fixed-term working contracts, and all public employees who have not yet performed indefinite-term working contracts must sign fixed-term contracts.
However, public employees who have completed fixed-term working contracts will be eligible to sign indefinite-term working contracts in one of the following three cases:
- Public employees recruited before July 01, 2020;- Cadres, officials transitioning to public employees as stipulated in point b, clause 1, Article 58 of the Public Employee Law 2010 (i.e., public employees who are received and appointed to positions defined by law as officials, the decision to receive and appoint is simultaneously the decision of recruitment);- Individuals recruited as public employees working in areas with especially difficult socio-economic conditions.
Furthermore, this law specifies that for fixed-term working contracts, 60 days before the contract expires, the head of the public service provider must either renew or terminate the working contract with the public employee. At that time:
- If the public service provider still needs the position and the public employee meets all the legal requirements, the head of the public service provider must renew the working contract with the public employee.- If the working contract is not renewed with the public employee, the head of the public service provider must provide a written explanation.
For further details, refer to: The amended Law on Cadres, Officials, and Public Employees 2019 effective from July 01, 2020.
Thu Ba
![[InfoGraphic] 6 forms of discipline for officials and public employees under Decree 71/2016/ND-CP](https://cdn.lawnet.vn//uploads/NewsThumbnail/2016/07/12/1319291-01.png)
