Power to conclude contracts for holding administrative support positions in Vietnam

Power to conclude contracts for holding administrative support positions in Vietnam (Internet image)

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

1. Power to conclude contracts for holding administrative support positions in Vietnam

Power to conclude contracts for holding administrative support positions in Vietnam according to Article 7 of Decree 111/2022/ND-CP is as follows:

- For administrative bodies: heads of administrative bodies that are assigned human resources and funding to act as focal points  have power over conclusion of contracts and decision on the number of contracts or are able to decentralize or authorize heads of affiliated agencies and units in writing.

- For PSPs: Heads of PSPs have power to conclude contracts.  If they do not directly conclude contracts, they are able to authorize heads of affiliated units. The authorization must be granted in writing.

2. Standards, requirements, rights and obligations of parties of contracts for holding administrative support positions in Vietnam

Standards, requirements, rights and obligations of parties of contracts for holding administrative support positions in Vietnam according to Article 8 of Decree 111/2022/ND-CP as follows:

- Individuals concluding employment contracts for holding administrative support positions must fully satisfy the following standards and requirements:

+ Have Vietnamese nationality;

+ Satisfy requirements for legal working ages according to labor law and relevant laws;

+ To be in good health for working;

+ Have resumes confirmed by competent authorities;

+ Be able to satisfy requirements of positions;

+ Is not undergoing criminal prosecution or serving an imprisonment, community sentence or compulsory educational measures in the community; be sent to reformatories; be sent to compulsory educational institutions and compulsory drug rehabilitation centers; do not be in the period of prohibition against practice or prohibition on performing tasks related to required tasks in contracts;

+ Meet other standards and requirements according to specialized law and standards and requirements of positions as prescribed by competent recruiting agencies. 

- Rights of employees

+ Employees holding administrative support positions prescribed in Clause 1 Article 4 of Decree 111/2022/ND-CP 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 or 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;

+ In case of resignment of employees prescribed in Clause 2 Article 4 of Decree 111/2022/ND-CP 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 Clause 1 Article 4 of Decree 111/2022/ND-CP 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 Clause 1 and Clause 2 Article 4 of Decree 111/2022/ND-CP shall be entitled to other rights as prescribed by labor law, except for other agreements.

- Obligations of employees

+ Perform tasks as agreed on in employment contracts and other tasks assigned by competent authorities;

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

+ Abide by decisions of competent managing authorities.

- For administrative bodies and PSPs

+ Conclude contracts included in the total contracts decided by competent authorities;

+ Pay salaries and provide benefits and policies to employees as agreed on or pay them according to service contracts in conformity with labor law and other relative laws.

- For service providers

+ Fully meet standards and requirements of fields of operations;

+ Ensure quality of service provision;

+ Ensure the legality of qualifications and certificates of employees meeting standards and requirements as prescribed by specialized law;

+ Provide services meeting requirements of service users as agreed on in contracts.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE