Vietnam: How does teachers sign contract when being recruited into public employees after July 01, 2020?

LawNet would like to answer this question as follows:

According to Clause 2 Article 2 of the Law on Officials and Public Employees amended in 2019 of Vietnam, type of employment contract applicable to the person employed as a public employee is stipulated as follows:

- A definite-term employment contract is a contract in which the two parties determine the term and the time of termination of the contract's validity in the period from full 12 months to 60 months. Therefore, a definite-term employment contract shall be applied to persons recruited as public employees from July 01, 2020, except for the following cases:

• Officials transferred to work as public employees in public non-business units when satisfying the conditions as prescribed;

• Persons recruited as public employees to work in areas with extremely difficult socio-economic conditions.

- An indefinite-term employment contract is a contract in which the two parties do not determine the term and the time of termination of the contract's validity. An indefinite term employment contract shall be applied to the following cases:

• Officials recruited before July 1, 2020;

• Officials transferred to work as public employees in public non-business units when satisfying the conditions as prescribed;

• Persons recruited as public employees to work in areas with extremely difficult socio-economic conditions.

Besides, according to Article 20 of the Decree No. 115/2020/NĐ-CP of Vietnam’s Government, public employees recruited before July 01, 2020 but are performing a definite-term employment contract shall continue to perform the signed employment contract (including the case when the public employee transferred to another public non-business unit), after the expiration of the term of the signed employment contract, they may sign an indefinite-term employment contract if they fully satisfy the requirements as prescribed by law.

Thus, according to the above provisions, teachers who were recruited into public employees after July 01, 2020, if they do not work in areas with extremely difficult socio-economic conditions, they will sign a definite-term employment contract (Note: The time of contract termination in the period from full 12 months to 60 months). On the contrary, teachers who are recruited into public employees after July 01, 2020, working in areas with extremely difficult socio-economic conditions will sign a employment contract with an indefinite term.

On the other hand, in the case that a teacher is recruited into a public employee before July 01, 2020 but is performing a definite-term employment contract, he/she will continue to perform the signed employment contract. Concurrently, after the expiration of the term of the signed employment contract, the teacher will be able to sign an indefinite-term employment contract if all requirements are met as prescribed by law.

Ty Na

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