Resolving All Inquiries Regarding Policies for Officials from July 01, 2020

[](https://files.lawnet.vn//uploads/attachfiles/2019/10/28/113809BangLuongVietnamese official and public employee_2020%20%28dukien%29.xls "Download") COMPENSATION TABLE FOR ALL OFFICIAL, CIVIL SERVANTS, AND PUBLIC EMPLOYEES FROM JULY 01, 2020

1. Only 03 cases enjoying “lifetime public employee” status from July 01, 2020

Law on Officials and Public Employees amended in 2019 has amended and supplemented provisions on employment contracts for public employees.

A fixed-term employment contract is a contract in which the two parties determine the duration, the termination date of the contract within a period from 12 months to 60 months (instead of from 12 months to 36 months as currently). Notably, this contract applies to all persons recruited as public employees from July 01, 2020, except for the following 03 cases:

- Persons recruited before July 01, 2020;- Officials, civil servants transferred to be public employees as stipulated in point b clause 1 Article 58 of the Law on Public Employees 2010 (meaning public employees who are accepted and appointed to positions considered as civil servants according to legal provisions are simultaneously recruited and appointed);- Persons recruited as public employees working in areas with particularly difficult socio-economic conditions.

Thus, if not falling into the above 03 cases, public employees will not enjoy the "lifetime public employee" policies from July 01, 2020.

More details can be found here.

2. Many public employees will not enjoy “lifetime public employee” status even if hired before July 01, 2020

As analyzed above, public employees hired before July 01, 2020 can still sign indefinite-term employment contracts - “lifetime public employee” status. However, Law on Officials and Public Employees amended in 2019 also stipulates that those public employees recruited before July 01, 2020 must meet all legal requirements to sign indefinite-term employment contracts. Those who do not meet legal requirements will not be allowed to sign indefinite-term labor contracts. Therefore, not all public employees recruited before July 01, 2020 will enjoy the "lifetime public employee" policies.

More details can be found here.

3. Additional cases of public employee contract termination from July 01, 2020

Law on Officials and Public Employees amended in 2019 has added another case where public service providers can unilaterally terminate contracts with public employees, namely: “Public employees who fail to meet requirements after the probation period.”

Thus, from July 01, 2020 there will be 6 cases where public employees may have their contracts terminated.

See details of cases here.

4. Many public employees are accepted as officials without examination, screening from July 01, 2020

To be specific, Clause 3 Article 37 of the Law amending and supplementing the Law on Officials and Law on Public Employees 2019 has added one more form of official recruitment besides the current examination, screening.

Heads of agencies managing officials may accept public employees working at public service providers into positions as officials if they meet the standards and conditions of the job.

More details can be found here.

5. New regulations on assessment and classification of public employees from July 01, 2020

Law on Officials and Public Employees amended in 2019 has introduced many significant new provisions on assessment and classification of public employees. Specifically, as follows:

Regarding assessment content:

In addition to current assessment contents, public employees will also be evaluated based on the results of work or tasks according to the set plan or specific assigned tasks; the progress and quality of task performance. The assessment of task performance results must be linked to the job position.

Regarding assessment timing:

Assessment and classification timing includes: Annual assessment; assessment before the end of probation, renewal of employment contract, change of job position; assessment before considering commendation, discipline, appointment, or re-appointment, planning (Currently, the assessment and classification of public employees also take place during training and refresher courses for public employees.)

More details can be found here.

6. From July 01, 2020, the disciplinary handling statute of limitations for public employees extends to 05 years

Clause 7 Article 2 of the Law amending and supplementing the Law on Officials and Law on Public Employees 2019 has extended the disciplinary handling statute of limitations for public employees.

Specifically, according to the new regulations, the statute of limitations for disciplinary handling for public employees will be extended to 05 years from the time of the violation, except for less serious violations that are subject to reprimand, for which the statute of limitations will be 02 years (Currently, the statute of limitations for disciplinary handling for public employees is 24 months for all cases.)

More details can be found here.

Thanh Lam

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