Norms for the number of people working in public service units to cover part of their regular expenses in Vietnam

Norms for the number of people working in public service units to cover part of their regular expenses in Vietnam (Internet image) 

Norms for the number of people working in public service units to cover part of their regular expenses in Vietnam

The Ministry of Home Affairs issued Official Dispatch 1509/BNV-CCVC in 2023 on professional exchange with the State Treasury under the Ministry of Finance.

(1) For contracts to perform support and service work: According to Decree 111/2022/ND-CP, it does not stipulate the allocation of the number of support and service work contracts in administrative agencies and public service units. Contract workers are not part of the payroll, the number of people working, or the salary budget of the agency or unit. Therefore, deciding on the number of contracts for support and service work (including short-term contracts) falls under the authority of the head of the public service unit.

(2) Regarding the norm of the number of people working in public service units that cover part of their regular expenses (group 3):

According to the provisions of Clause 2, Article 9 of Decree 111/2022/ND-CP, determining the number of people working in public service units that cover part of their regular expenses (group 3) is carried out in accordance with the regulations of the ministries managing sectors and fields (according to the provisions of Clause 5, Article 64 of Decree 111/2022/ND-CP, there are 13 ministries managing the professional titles of specialized public employees).

In cases where the ministries managing professional titles of specialized public employees have not issued norms for the number of people working according to their authority, agencies, organizations, and units based on the provisions of the labor law on working hours, rest hours, and labor use needs of your agency, organization, or unit, propose to the competent authority for consideration and decision.

Contract for holding professional positions in a public service unit in Vietnam

Decree 111/2022/ND-CP regulates contracts for holding professional positions in PSPs

1. PSPs that cover their own regular expenditures and investment expenditures (hereinafter referred to as “group-1 units”) and PSPs that cover their own regular expenditures (hereinafter referred to as “group-2 units”) shall conclude employment contracts for holding professional positions undertaken by public employees in order to fill the vacancies of the units.

2. PSPs that cover part of their own regular expenditures (hereinafter referred to as “group-3 units”) shall conclude employment contracts to fill their vacancies for professional positions of providing public services that are not funded by state budget. For units that cover less than 70% of their own regular expenditures or units which are not assigned financial autonomy, it must be reported to competent supervisory authorities of PSPs for consideration before conclusion.  

3. PSPs of which regular expenditures are covered by state budget (hereinafter referred to as “group-4 units”), except for units providing education and health services, shall conclude employment contracts for a period of not exceeding 12 months for holding job titles of specialists and generalists to add human resources to add human resources found lacking compared to the number of employees assigned by competent authorities or to promptly replace the number of public employees who are on maternity leave, severance or retirement.

4. Group-4 units providing education and health services shall conclude employment contracts for a period of not exceeding 12 months for holding job titles of specialists and generalists to add human resources but the number of signers must not exceed 70% of the difference between the number of the assigned employees and the number of employees prescribed in the norm issued by the Ministry of Education and Training and the Ministry of Health.   The number of contracts shall be considered and decided by the People's Councils of provinces or ministries, ministerial agencies, Governmental agencies and supervisory agencies of the Central Government.

5. Group-3 units and group-4 that still have vacancies for the positions assigned by competent authorities must fill them.

6. The People’s Committees of central-affiliated cities with official or experimental urban governance, on the basis of population size, available budgets and socio-economic characteristics in each period and demands for human resources, shall decide to conclude service contracts with non-public units and organizations to provide education and health services in PSPs in cities under their management and ensure that the total regular expenditures covered by state budget are not increased as prescribed. For PSPs located in the above-mentioned cities under management of the Central Government, decisions shall be made by ministries, ministerial agencies, Governmental agencies and supervisory agencies of the Central Government.

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