Types of contracts for performance of tasks of administrative bodies in Vietnam

Types of contracts for performance of tasks of administrative bodies in Vietnam (Internet image)

Decree 111/2022/NĐ-CP

The Government of Vietnam issued Decree 111/2022/ND-CP dated December 30, 2022 on contracts for performance of tasks of administrative bodies and public service providers.

The types of contracts for performance of tasks of administrative bodies are as follows:

1. Conditions for concluding the contract in Vietnam

According to Clause 2, Article 5 of Decree 111/2022/ND-CP, conditions for concluding the contract in Vietnam are as follows:

- For administrative bodies and PSPs:

It is required to have demands for conclusion of contracts for performance of tasks prescribed in Article 4 of Decree 111/2022/ND-CP and fully meet other requirements as prescribed by law;

- For organizations providing services:

It is required to fully meet operating requirements as prescribed by law, ensure employees’ regulations as prescribed by labor law and other relative laws;  

- For individuals:

It is required to fully meet standards and requirements as prescribed in Clause 1 Article 8 if individuals conclude employment contracts for having administrative support positions or Clause 1 Article 10 if individuals conclude employment contracts for professional positions as prescribed in this Decree.

2. Administrative support positions in administrative bodies in Vietnam

Article 4 of Decree 111/2022/ND-CP stipulates administrative support positions in administrative bodies and PSPs as follows:

- Under management and regulations of labor law, civil law and other relative laws include:

+ Drivers, security guards, except cases prescribed in clause 2 of Article 4 of Decree 111/2022/ND-CP;

+ Receptionists, staffs; housekeepers; security vehicle patrol officers; maintenance and operations staffs of headquarters, equipment and machinery serving operations of agencies, organizations and units;

+ Other administrative support positions which are specified in the list of administrative support positions in administrative bodies and PSPs and are not identified as officials and public employees as prescribed by law.

- Administrative support positions in administrative bodies that are under management and regulations similar to officials include:

+ Security guards at agencies and units: Central Office of the Communist Party of Vietnam, Office of the President, Office of the National Assembly, Office of the Government; Vaults or archives of money-equivalent prints of the State Bank of Vietnam, State Treasury, archives of tax prints, archives of customs prints;

+ Drivers of Ministers or positions and titles equivalent to Ministers or higher positions; drivers of cash transport vehicles of the State Bank of Vietnam and State Treasury;

+ Other administrative support positions at central crucial agencies and secret services according to decisions of heads of competent authorities.

- Professional positions specified in the list of job titles of specialists and generalists in PSPs.

3. Types of Contracts in Vietnam

Pursuant to Clause 1, Article 5 of Decree 111/2022/ND-CP stipulating the form and types of contracts as follows:

Employees holding positions prescribed in Section 2 shall be contracted in writing;

If a contract is made by electronic means in the form of data messages according to regulations of law on electronic transactions, the electronic contract is valuable as the written contract. Types of signed contracts include:

- Service contracts under regulations of civil law and other relative laws;

- Employment contracts under regulations of labor law and regulations in this Decree.

Decree 111/2022/ND-CP takes effect as of February 22, 2022.

Ngoc Nhi

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