Rights and obligations of employees who sign professional contracts in public non-business units in Vietnam

Rights and obligations of employees who sign professional contracts in public non-business units in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Conditions for signing a professional contract in public non-business units in Vietnam

According to Clause 1, Article 8 of Decree 111/2022/ND-CP, individuals entering into labor contracts to perform support and service jobs must fully satisfy the following criteria and conditions:

- Having one nationality which is Vietnamese nationality;

- Being of working age as prescribed by labor law and specialized law;

- Be healthy enough to work;

- Having a curriculum vitae certified by a competent authority;

- Having ability to meet the requirements of the job position;

- Not while being investigated for criminal liability or serving a prison sentence, non-custodial reform, or being applied the measure of education in communes, wards, or townships; not while being sent to reformatories; not while being sent to compulsory education establishments; or not while being sent to compulsory detoxification establishments; not while being prohibited from practicing or doing work related to the contracted work;

- Meeting other standards and conditions imposed by specialized laws, as well as standards and conditions imposed by competent recruitment agencies.

2. Rights and obligations of employees who sign professional contracts in public non-business units in Vietnam

2.1. Rights of employees in Vietnam

Employees who sign professional contracts in public non-business units are entitled to the benefits specified in Clause 2, Article 8 of Decree 111/2022/ND-CP, specifically as follows:

- Employees who perform support and service jobs specified in Clause 1, Article 4 of Decree 111/2022/ND-CP are entitled to salary and other benefits as agreed in the labor contract.

Wages in labor contracts apply in one of two forms: apply the agreed salary in accordance with the provisions of the labor law or apply the salary equal to the salary of civil servants and public employees in accordance with the budget capacity of the agency, organization, or unit.

In case of agreement on the application of salary according to the salary table of civil servants and public employees, allowances to be enjoyed (if any) shall be included in the salary; the salary increase regime and other regimes and policies related to wages performed as civil servants and public employees;

- Employees specified in Clause 2, Article 4 of Decree 111/2022/ND-CP are not included in the payroll assigned by competent authorities and are entitled to other regimes and policies according to the provisions of Section II, Chapter II of the Law on Cadres and Civil Servants 2008 and other provisions of the law on regimes and policies for civil servants;

When retiring from performing the jobs specified in Clause 2, Article 4 of Decree 111/2022/ND-CP: If the employee has demand, he or she may opt out of the current regime and policies and instead enter into labor contracts to perform support and service work in accordance with Clause 1 and Article 4 of Decree 111/2022/ND-CP.

The recruitment, assessment, planning, appointment, and other contents related to staff work shall comply with the regulations of the head of the management agency;

- Employees who perform the jobs specified in Clauses 1 and 2, Article 4 of Decree 111/2022/ND-CP, are entitled to other benefits in accordance with the labor law, unless otherwise agreed.

2.2. Obligations of employees in Vietnam

Specifically, in Clause 3, Article 8 of Decree 111/2022/ND-CP, the obligations of employees who sign professional contracts in public non-business units are as follows:

- Perform duties as agreed in the labor contract and other tasks assigned by competent authorities;

- Comply with internal rules, regulations and charters of agencies, organizations and units;

- Comply with decisions of competent management authorities.

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