Vietnam: Supplementing regulation on contents relating to public employee contracts from 2019

Specifically, according to Article 18 of Decree No. 29/2012/NĐ-CP of Vietnam’s Government, recruitment of public employees of public non-business units shall be conducted under the regime of working contracts, including working contracts with a definite term and working contracts with an indefinite term as specified in Article 25 of the Law on Public Employees of Vietnam.

However, according to Clause 10 Article 2 of Decree No. 161/2018/NĐ-CP of Vietnam’s Government amending Article 18 of Decree No. 29/2012/NĐ-CP, contents relating to public employee contracts are specified as follows:

- Persons recruited as public employees of public service units must sign public employee contracts with a definite term of from at least 12 months to 36 months with heads of such public service units. A probation period (if any) must be stated in public employee contracts with a definite term.

- Upon expiry of the public employee contract prescribed above, the head of the public service unit shall assess the public employee’s performance of duties and based on its needs, decide to sign a new public employee contract with a definite or indefinite term, or terminate the public employee contract signed with that public employee. If a new public employee contract with a definite term is signed, upon expiry of the signed public employee contract, the head of the public service unit shall consider signing a public employee contract with an indefinite term or terminating the public employee contract signed with the public employee.

- If a public employee is recruited to work at a public service unit located in an isolated area or area with exceptionally difficult socio-economic conditions, upon expiry of the public employee contract, the head of the public service unit shall consider and decide to sign a public employee contract with an indefinite term or terminate the public employee contract with public employee.

- If an official is assigned as a public employee as prescribed in Point d and Point dd Clause 1 Article 58 of the Law on Public Employees of Vietnam, the head of the public service unit shall sign a public employee contract with an indefinite term.

View details at Decree No. 161/2018/NĐ-CP of Vietnam’s Government, effective from January 15, 2019.

Nguyen Trinh

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