Term of the hiring contract to hold the position of leader of a public science and technology organization in Vietnam

Term of the hiring contract to hold the position of leader of a public science and technology organization in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is the title of leader of a public science and technology organization?

The title of leader of a public science and technology organization includes the head, deputy head of the organization; heads and deputy heads of departments, divisions, and other constituent organizations in public science and technology organizations;

In which, a public science and technology organization is an organization defined in accordance with Clause 1, Article 3 of Decree 08/2014/ND-CP.

(Clause 2, 4, Article 3 of Circular 07/2023/TT-BKHCN)

2. Term of the contract of hiring to hold the position of leader of a public science and technology organization in Vietnam

According to Clause 2, Article 9 of Circular 07/2023/TT-BKHCN, the term of a contract to hire a leader of a public science and technology organization is prescribed as follows:

- Persons hired to hold the title of head of a public science and technology organization may sign a definite contract for a term not exceeding 36 months.

At least 90 days before the expiration of the contract term, the competent agency or unit shall evaluate the results of task performance for the person hired under the signed contract and previous agreements to consider and continue to sign a definite-term contract with a maximum term of 36 months with the hirer if the requirements are met;

- Evaluate the performance of tasks for the person hired to hold the leadership position under the signed contract in the form of the Evaluation Council specified in Article 10 of Circular 07/2023/TT-BKHCN;

- The contract signed between the parties shall be made according to Form No. 02 in the Appendix issued together with Circular 07/2023/TT-BKHCN.

3. Competence during the term of the hiring contract, to hold the position of leader of a public science and technology organization in Vietnam

Specifically, in Clause 1, Article 9 of Circular 07/2023/TT-BKHCN, stipulating the authority for the hiring contract period to hold the position of leader of a public science and technology organization as follows:

- Heads of competent agencies or units specified in Clause 2, Article 6 of Circular 07/2023/TT-BKHCN sign contracts or authorize deputy
or the head of the department advising on the organization of staff signs a contract with the hired person;

- If a public science and technology organization falls into the case specified at Point b, Clause 1, Article 8 of Circular 07/2023/TT-BKHCN, the head of the competent agency or unit specified in Clause 1, Article 6Circular 07/2023/TT-BKHCN (or the head of the advisory department on personnel organization of public science and technology organizations) is authorized to sign a contract with the hired person.

4. What are the cases of terminating the hiring contract to assume the position of leader of a public science and technology organization in Vietnam?

Cases of termination of the hiring contract to hold the position of leader of a public science and technology organization are specified as follows:

- The hiring contract for the leadership position terminates when the term of the contract expires and either party or both parties have no need to renew it.

- The contract for hiring for the leadership position terminates when the parties agree to terminate the Contract.

- A public science and technology organization is entitled to unilaterally terminate the hiring contract to assume the leadership position in one of the following cases:

+ The person hired to hold the leadership position fails to complete the contract work and is voted by the Evaluation Council to not complete it with a vote rate of more than 50% of the total votes of the Council members;

+ The person hired to assume the leadership position is sick or has an accident, has been treated for 6 consecutive months, and is unable to complete the assigned work under the contract or force majeure due to natural disasters, epidemics, and other objective events such as war, merger, dissolution, or narrowing of functions and duties of the lessee as prescribed by law;

+ The hirer is dishonest in declaring dossiers, providing personal information for consideration of conditions and criteria to be hired to take on the title of leader of a public science and technology organization or violates the commitment not to work for political organizations or socio-political organizations abroad or in Vietnam that have activities against the guidelines and lines of the Party, policies, and laws of the State of Vietnam;

+ The hired person violates Vietnamese or foreign laws to the extent that they must be examined for penal liability;

+ The hirer violates the Law on Science and Technology;

+ The hired person is expelled according to Vietnamese law.

(Article 11 of Circular 07/2023/TT-BKHCN)

Circular 07/2023/TT-BKHCN takes effect from July 10, 2023.

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