Latest procedures for concluding employment contracts and accepting job offer for public employees in Vietnam

Latest procedures for concluding employment contracts and accepting job offer for public employees in Vietnam (Internet image)

Procedures for concluding employment contracts and accepting job offers for public employees in Vietnam 

The procedures for concluding employment contracts and accepting job offers for public employees in Vietnam are regulated in Article 18 of Decree 115/2020/ND-CP (amended by Clause 11 of Article 1 of Decree 85/2023/ND-CP) as follows:

- Within 15 days from the date the successful candidate completes the recruitment application, the head of the recruiting agency or unit with the authority to recruit public employees makes a recruitment decision and sends the decision to the successful candidate at the registered address, and the public service provider employing the public employee proceeds with signing the employment contract.

- Within 30 days from the date of receiving the recruitment decision, the recruited public employee must go to the public service provider employing the public employee to sign the employment contract and receive employment, unless the recruitment decision specifies a different deadline or the recruiting agency or unit with the authority to recruit public employees agrees to an extension.

- In the event that the recruited public employee fails to arrive to sign the employment contract and receive employment within the specified deadline in Clause 2 of Article 18 of Decree 115/2020/ND-CP, the head of the public service provider employing the public employee shall request the recruiting agency or unit with the authority to recruit public employees to cancel the recruitment decision.

- Within 30 days from the expiration of the deadline specified in Clause 2 of Article 18 of Decree 115/2020/ND-CP, the head of the competent recruiting agency must publicly announce on the electronic information page or the electronic portal of the recruiting authority and send a notification to the candidates with lower recruitment results (in order) compared to the canceled result of the successful candidate, as stipulated in Clause 2 of Article 17 of Decree 115/2020/ND-CP or Clause 3 of Article 18 of Decree 115/2020/ND-CP, to complete the dossier, make a recruitment decision, and sign the employment contract. After the 30-day deadline in Clause 4 of Article 18 of Decree 115/2020/ND-CP has expired, if the desired quota is still not filled according to the first preference, the second preference shall be considered as stipulated in Clause 3 of Article 10 of Decree 115/2020/ND-CP.

In the event that a new recruitment need arises immediately after the recruitment period for a job position with specific standards and conditions that the candidates have registered for, within 12 months from the date of approval of the recruitment plan, the head of the competent recruiting agency shall consider and decide on the successful candidate for the recruitment with lower results compared to the successful candidate until the recruitment need is fulfilled.

In the case where there are two or more candidates with equal or lower recruitment results, the head of the competent recruiting agency shall decide the successful candidate according to the provisions in Article 10 of Decree 115/2020/ND-CP.

Guidelines for announcing the results of public employee recruitment in Vietnam

According to Article 16 of Decree 115/2020/ND-CP, the guidelines for announcing the results of public employee recruitment are as follows:

- After completing the evaluation of the second round as stipulated in Article 15 of Decree 115/2020/ND-CP, within a maximum of 5 working days, the Recruitment Council must report to the head of the recruiting agency or unit with the authority to recruit public employees for consideration and recognition of the recruitment results.

- Within 10 days from the date of the decision to recognize the recruitment results, the Recruitment Council must publicly announce on the electronic information page or the electronic portal of the recruiting agency or unit with the authority to recruit public employees and send a written notification of the recognized successful recruitment results to the candidates at the address they have registered. The notification must clearly state the deadline for the successful candidate to come to the recruiting agency or unit with the authority to recruit public employees to complete the recruitment dossier.

To Quoc Trinh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE