Are public employees allowed to do business and work outside prescribed hours in Vietnam?

Are public employees allowed to do business and work outside prescribed hours in Vietnam? (Internet image)

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

1. Are public employees allowed to do business and work outside prescribed hours in Vietnam?

Specifically, Article 14 of the Law on Public Employees 2010 stipulates the rights of public employees to do business and work outside prescribed hours are as follows:

- To carry out professional activities after working hours stated in working contracts, unless otherwise provided for by law.

- To sign with agencies, organizations and units other than their employing public non-business units piecework contracts which are not banned by law, provided that they accomplish their assigned tasks and obtain consent of the heads of their public non-business units.

- To contribute capital to but be disallowed to participate in managing and administering limited liability companies, joint-stock companies, partnerships, cooperatives, and private hospitals, schools or scientific research institutions, unless otherwise provided for by law.

Thus, public employees are allowed to to do business and work outside prescribed hours

2. Rights of public employees in professional activities

Pursuant to Article 11 of the Law on Public Employees 2010, rights of public employees in professional activities are as follows:

- To he protected by law when performing professional activities.

- To be trained and retrained in order to raise their political, specialized and professional qualifications.

- To be provided with working equipment and working conditions.

- To be provided with information about their assigned work or tasks.

- To decide on professional matters related to their assigned work or tasks.

- To decline to perform work or tasks that is/are contrary to law.

- Other rights related to professional activities as provided by law.

3. Rights of public employees to salaries and salary-related regimes in Vietnam

According to Article 12 of the Law on Public Employees 2010, rights of public employees to salaries and salary-related regimes are as follows:

- To be paid with salaries matching working positions, professional titles, managerial posts and results of work or task performance; to enjoy allowances and preferential policies when working in mountainous, border, island, deep-lying, remote and ethnic minority areas and areas with extremely difficult socio-economic conditions or in hazardous and dangerous sectors or occupations or special non-business fields.

- To enjoy overtime and night work pays, working trip allowances and other benefits according to law and regulations of public non-business units.

- To enjoy monetary rewards and be considered for salary raise under law and regulations of public non-business units.

4. Rights of public employees to rest in Vietnam

Pursuant to Article 13 of the Law on Public Employees 2010, rights of public employees to rest are stipulated as follows:

- To take annual leaves, holidays and leaves for personal reasons under the labor law. Public employees who do not use any or all of prescribed annual leave days due to work requirements are entitled to a sum of money for those days on which they work.

- Public employees working in mountainous, border, island, deep-lying and remote areas and in other special cases may take leave days of 2 years at a time if they so wish. If wishing to take leave days of 3 years at a time, they shall obtain consent of the heads of their public non-business units.

- For special non-business fields, public employees may take paid leaves as provided by law.

- To lake unpaid leaves for plausible reasons and after obtaining consent of the heads of their public non-business units.

5. Other rights of public employees in Vietnam

Other rights of public employees are stipulated in Article 15 of the Law on Public Employees 2010 as follows:

Public employees are entitled to commendation, reward and respect; to participate in economic and social activities: to enjoy incentive housing policies and to be provided with conditions for studying and carrying out professional activities at home and abroad under law. If getting injured or dying while performing assigned work or tasks, they shall be considered for enjoying policies applicable to war invalids or being recognized as fallen heroes under law.

Ho Quoc Tuan

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