Are contractual workers under Decree 68 considered public employees?

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According to the provisions of the Law on Public Employee 2010, a public employee is a Vietnamese citizen recruited according to their job position, working at a public service provider under a working contract policy, receiving salary from the wage fund of the public service provider as prescribed by law.

A working contract is a written agreement between a public employee or an individual recruited as a public employee and the head of the public service provider regarding job position, salary, benefits policy, working conditions, and the rights and obligations of each party.

Furthermore, according to the provisions of Decrees 68/2000/ND-CP and 161/2018/ND-CP, Contract 68 is applied to individuals performing the following jobs at administrative agencies and public service providers: Repair and maintenance of electrical systems, water supply and drainage systems in office buildings, automobiles, and other machinery and equipment in use at agencies and public service providers; Driving; Security; Cleaning; Parking management for officials and visitors at agencies and public service providers; Other auxiliary, service work requiring training levels from intermediate or lower.

These jobs are implemented through the signing of contracts between administrative agencies or public service providers with the individuals performing the work, or with individual or service business organizations under various forms: economic contract, labor contract, property lease contract, service contract.

Simultaneously, according to Circular 15/2001/TT-BTCCBCP and Decree 161/2018/ND-CP, individuals or service business organizations signing contracts to perform the aforementioned jobs are governed by labor, civil, and commercial laws and are not part of the staffing quota, personnel numbers, or wage fund of the agency, organization, or unit employing those individuals.

Thus, it can be observed that individuals signing contracts to perform work under Contract 68 are not subject to the regulations of the Law on Public Employee 2010, nor are they included in the staffing quotas of agencies, organizations, or units, but are governed under labor, civil, and commercial laws. Therefore, individuals working under Contract 68 are not public employees.

To become a public employee, it is necessary to meet the recruitment conditions and pass a selection process or a competitive examination. Individuals currently working under Contract 68 who wish to and meet the conditions can apply for recruitment when agencies and units announce recruitment for public employees because, at present, there are no regulations providing for the transition from contract labor under Decree 68 to civil servant or public employee status.

Note: Do not sign labor contracts for the following entities:

- Individuals working in specialized, professional positions that are identified as civil servants in administrative agencies or as public employees in public service providers funded fully or partially by the State's regular expenditure budget.

- Security personnel at the following agencies or units: the Office of the Government of Vietnam, money vaults, or storage vaults with documents as valuable as money of the State Bank, State Treasury, tax stamp storage, Customs stamp storage.

- Drivers of specialized vehicles transporting money of the State Bank, State Treasury.

Nguyen Trinh

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