Vietnam: Standards and conditions for signing professional contracts in public non-business units

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

The Government issued Decree 111/2022/ND-CP dated December 30, 2022 on contracts for some types of work in administrative agencies and public non-business units.

Vietnam: Standards and conditions for signing professional contracts in public non-business units (Internet image)

1. Criteria, conditions, rights, and obligations of the parties to the contract of professional practice in Vietnam

According to Article 10 of Decree 111/2022/ND-CP, the standards, conditions, rights, and obligations of the contracting parties to perform professional and professional work in public non-business units are prescribed as follows:

- An individual who signs a professional or professional labor contract must fully satisfy the following criteria and conditions and enjoy the following benefits:

+ Fully meeting the criteria and conditions specified in Clause 1, Article 8 of Decree 111/2022/ND-CP;

+ Fully meeting professional and professional standards and conditions as prescribed by specialized laws;

+ Taking responsibility for professional performance in accordance with the provisions of law, as agreed in the contract and at the request of the public non-business unit;

+ Working time according to the labor contract (excluding the probationary period or probationary period) in case of signing a labor contract to do professional work is calculated as a basis for ranking salary according to job position if recruited or accepted as civil servants or public employees.

The salary arrangement corresponding to the job position to be recruited and accepted shall comply with the provisions of law;

+ enjoying the regimes and policies prescribed at Points a and c, Clause 2, Article 8 of Decree 111/2022/ND-CP.

- For public non-business units

+ Signing contracts out of the total number of contracts decided by competent authorities;

+ Paying salaries, implementing other regimes and policies for employees as agreed upon or pay under service contracts, ensuring compliance with the provisions of the labor law and other relevant laws. mandarin;

+ Regularly monitoring and evaluating the expertise and professionalism of the person signing the labor contract to do professional work;

+ Take responsibility before state management agencies for the completion of assigned tasks;

+ In case of signing a labor contract with an individual, public non-business units must increase the level of appropriation to the security welfare fund in accordance with the provisions of law on financial autonomy of public non-business units to ensure settlement of regimes and policies in case of termination of labor contracts.

- For service providers: Fully satisfy the criteria and conditions specified in Clause 5, Article 8 of Decree 111/2022/ND-CP.

2. Competence to sign contracts for professional performance in Vietnam

Article 11 of Decree 111/2022/ND-CP, authority to sign contracts for professional performance

- For group 1, group 2, and group 3 units that cover 70% to less than 100% of their own recurrent expenditure, the head of the unit or the person authorized to sign the contract is required.

- For group 3 units self-finance from 10% to less than 70% of recurrent expenditure and group 4 units: Persons authorized to sign contracts to work with public employees in accordance with the law on public employees or persons authorized to sign contracts.

- For signing a service contract: The head of the agency competent to manage the public non-business unit directly signs the contract at the proposal of the public non-business unit or authorizes the head of the public non-business unit to sign. In cases where the district-level People's Committee is the competent agency, the contract shall be signed after reporting to and obtaining the written consent of the provincial-level People's Committee.

Decree 111/2022/ND-CP takes effect from February 22, 2023.

Nhu Mai

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