Shall Vietnamese public employees enjoy the "lifetime employment for public employees" policy after July 1, 2020?

, Shall Vietnamese public employees enjoy the "lifetime employment for public employees" policy after July 1, 2020?  (Illustrative photo)

According to the provisions of Article 3 Public Employee Law 2010: A working contract is a written agreement between a public employee or a person recruited as a public employee with the head of a public service provider on the job position, salary, benefit policies, working conditions along with the rights and obligations of the parties.

Accordingly, upon recruitment, public employees will be signed under one of the following two types of working contracts:

1. Fixed-term working contract:

Currently, the Law on Cadres, Officials and Public Employee 2019 stipulates that fixed-term contracts have a duration of from 12 to 60 months.

Additionally, Clause 2, Article 2 of this Law also stipulates: The fixed-term working contract applies to individuals recruited as public employees from July 1, 2020, except for officials transferring to public employee roles and those recruited as public employees in areas with particularly difficult socioeconomic conditions.

Thus, newly recruited public employees from July 1, 2020, are subject to fixed-term working contracts.

2. Indefinite-term working contract

The entities applicable for indefinite-term working contracts from July 1, 2020, as adjusted by the Law on Cadres, Officials, and Public Employee 2019 include:- Public employees recruited before July 1, 2020;- Cadres and officials transferring to public employee roles;- Those recruited as public employees working in areas with particularly difficult socioeconomic conditions.

Notably, for public employees recruited before July 1, 2020, but who have not signed an indefinite-term working contract, they will continue to execute the signed contract. After the term of the signed contract ends, an indefinite-term contract will be signed if all legal conditions are met.

According to Clause 3, Article 2 of the Law on Cadres, Officials, and Public Employee 2019: Public employees recruited from July 1, 2020, must sign fixed-term contracts. If the public service provider still has demand and the public employee meets all conditions, the head of the public service provider must continue to sign a contract with the public employee.

Therefore, those newly recruited from July 1, 2020, will only be signed under fixed-term working contracts unless they fall into the category eligible for indefinite-term working contracts mentioned above.

This means: Public employees recruited after July 1, 2020, do not enjoy the "lifetime employment for public employees" policy (except for the cases mentioned above).

Legal basis:

- Public Employee Law 2010

- Law Amending and Supplementing Several Articles of the Public Employee Law 2019.

Ngoc Tai

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