Do people working under contracts in public service units receive regular salary increases like officials, civil servants, and public employees in Vietnam?

Do people working under contracts in public service units receive regular salary increases like officials, civil servants, and public employees in Vietnam? (Internet image) 

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

1. Works for executing contracts in administrative agencies and public service units in Vietnam

According to Article 4 of Decree 111/2022/ND-CP, works for executing contracts in administrative agencies and public service units in Vietnam are as follows:

(i) Administrative support positions in administrative bodies and PSPs that are under management and regulations of labor law, civil law and other relative laws include:

(i.1) Drivers, security guards, except cases prescribed in (ii);

(i.2) Receptionists, staffs; housekeepers; security vehicle patrol officers; maintenance and operations staffs of headquarters, equipment and machinery serving operations of agencies, organizations and units;

(i.3) 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.

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

(ii.2) 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;

(ii.3) 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;

(iii) 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.

2. Do people working under contracts in public service units receive regular salary increases like officials, civil servants, and public employees in Vietnam?

- Employees holding administrative support positions prescribed in (i) of Section 1 shall be entitled to salaries and other benefits as agreed upon in employment contracts. 

Salaries prescribed in employment contracts shall be applied in two forms:

= Salary levels are applied according to salary agreements in conformity with labor law;

= Salary levels are applied according to pay grades of officials and public employees within budgets of agencies, organizations and units.

If pay grades officials and public employees are applied as prescribed in salary agreements, allowances (if any) in their salaries; salary increments and other benefits of officials and public employees shall also be applied;

- Employees specified in clause (ii) of section 1 who are not on payrolls of competent authorities and are entitled to the benefits prescribed in Section II Chapter II of the Law on Officials in 2008 and other laws on benefits and policies for officials, they shall not be entitled to the benefits prescribed in this Point and shall work under employment contracts as prescribed in (i) of Section 1 if they still wish to hold administrative support positions.

Recruitment, evaluation, planning, appointment and other contents related to official tasks shall comply with regulations of heads of managing authorities;

- Employees holding positions prescribed in (i) and (ii) of Section 1 shall be entitled to other rights as prescribed by labor law, except for other agreements.

Thus, if the employee agrees to apply salary according to the salary schedule of civil servants and public employees, the types of allowances (if any) will be included in the salary and the salary increase regime and other benefits. Other policies related to salaries for civil servants and public employees.

(Clause 2, Article 8 of Decree 111/2022/ND-CP)

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE