Types of working contract of public employees in Vietnam

Types of working contract of public employees in Vietnam (Internet image)

1. Who are public employees?

Public employees are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law.

In which:

- Public non-business unit is an organization established under law by a competent state agency, a political organization or a socio-political organization, having the legal person status and providing public services and serving state management work.

- Public non-business units include:

+ Public non-business units assigned with absolute autonomy in task performance, finance, apparatus organization and personnel (below referred to as autonomous public non-business units);

+ Public non-business units not yet assigned with absolute autonomy in task performance, finance, apparatus organization and personnel (below referred to as non-autonomous public non-business units).

- Working contract means a written agreement between a public employee or a person recruited to work as public employee and the head of a public non-business unit on the working position, salary, benefits, working conditions and rights and obligations of each party.

(Article 2, Clause 5, Article 3, Article 9 of Law on Public Employees 2010 (amended in 2019))

2. Types of working contract of public employees in Vietnam

According to Clauses 1 and 2, Article 25 of the Law on Public Employees 2010 (amended in 2019), working contract for public employees includes: a working contract with a definite term and a working contract with an indefinite term.

In there:

- A definite-term working contract is a contract in which the two parties determine the term and the time of termination of the contract's validity within a period of 12  to 60 months.

A definite-term working contract applies to persons recruited as public employees from July 1, 2020, except for the cases specified at Points b and c, Clause 2, Article 25 of the Law on Public Employees 2010 (amended in 2019).

- An indefinite-term working contract is a contract in which the two parties do not specify the term and the time of termination of the contract's validity.

An indefinite-term employment contract applies to the following cases:

+ Officials recruited before July 1, 2020;

+ Cadres and civil servants who become public employees under the provisions of Point b, Clause 1, Article 58, and Article 25 of the Law on Public Employees 2010 (amended in 2019);

+ Persons recruited as public employees to work in areas with extremely difficult socio-economic conditions.

3. Contents of working contracts for public employees in Vietnam

Specifically, in Clause 1, Article 26 of the Law on Public Employees 2010 (amended in 2019), a working contract in Vietnam has the following principal contents:

- Names and addresses of the public non-business unit and its head;

- Full name, address and date of birth of the recruited person, and full name, address and date of birth of the at-law representative of the recruited person, in case the recruited person is under 18 years old:

- Work or tasks, working position and workplace;

- Rights and obligations of the parties;

- Type of the working contract, its term and conditions for its termination:

- Salary, bonus and other entitlements (if any);

- Working lime and rest time:

- Probation regime (if any);

- Working conditions and matters related to labor protection:

- Social insurance and health insurance:

- Effect of the working contract:

- Other commitments associated with the nature and characteristics of the sector or field and special conditions of the public non-business unit, which must not be contrary to this Law and other relevant laws.

Thanh Rin

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