Cases of signing labor contracts in administrative agencies and public service units

Illustration photo.

Decree No. 111/2022/ND-CP (dated December 30, 2022) clearly states that the contract performance work includes:

1- Support and service work in administrative agencies and public service units to manage and apply regimes and policies according to the provisions of labor law, civil law and other relevant legal provisions, including:

- Driver, security guard, except for the cases specified in section 2 below;

- Reception, service; housekeeping; vehicle keeping; maintenance, repair, operation of headquarters, equipment, machinery serving the activities of agencies, organizations, and units;

- Other support and service jobs in the list of support and service positions in administrative agencies and public service units are not identified as civil servants or public employees according to the provisions of law.

2- Support and service work in administrative agencies to implement management and apply regimes and policies like civil servants, including:

- Protection at agencies and units: Central Party Office, President's Office, National Assembly Office, Government Office; Treasury or Treasury of valuable documents and seals of the State Bank, State Treasury, Tax seal warehouse, Customs seal warehouse;

- Drivers serving the Minister or positions equivalent to Minister or higher; drivers of specialized vehicles transporting money of the State Bank and the State Treasury;

- People doing other support and service work at important and confidential agencies at the Central level according to the decision of the head of the competent management agency.

3- Professional and technical jobs in the list of specialized job title positions and specialized job title positions used in common in public service units.

The Decree clearly states that the above-mentioned works are signed in written contracts; in case of signing contracts through electronic means in the form of data messages according to the provisions of law on electronic transactions, they are as valid as written contracts.

Types of contracts signed include:

- Service contracts according to the provisions of civil law and other relevant laws;

- Labor contracts according to the provisions of labor law and the provisions of this Decree.

For administrative agencies and public service units: Must have the need to sign contracts to perform the above-mentioned tasks and fully meet other requirements as prescribed by law;

For service providers: Must fully meet the operating conditions prescribed by law, ensure the regime for employees according to the provisions of labor law and other relevant legal provisions;

For individuals:

Individuals signing labor contracts to do support and service work must fully meet the following standards and conditions:

a) Have only one nationality, Vietnamese nationality;

b) Of working age according to the provisions of labor law and specialized law;

c) Be healthy enough to work;

d) Have a background confirmed by a competent authority;

d) Ability to meet the requirements of the job position;

e) Not being under criminal prosecution or serving a prison sentence, non-custodial reform or being subject to educational measures at the commune, ward or town level; being sent to a reformatory school; being sent to a compulsory education facility or being sent to a compulsory drug rehabilitation facility; not being banned from practicing a profession or from doing work related to the contract signing;

g) Meet other standards and conditions as prescribed by specialized laws and according to the standards and conditions of the job position as prescribed by the competent recruiting authority.

Individuals signing a labor contract for professional or technical work must fully meet the standards and conditions and enjoy the following benefits:

a) Fully meet the standards and conditions prescribed for individuals signing labor contracts to do the above-mentioned support and service work;

b) Fully meet the standards and conditions on expertise and profession as prescribed by specialized laws;

c) Be responsible for performing professional and technical duties in accordance with the provisions of law, according to the agreement in the contract and according to the requirements of the public service unit;

d) The working time under the labor contract (excluding the probationary period) in the case of signing a labor contract for professional and technical work is calculated as the basis for salary classification according to job position if recruited or accepted as a civil servant or public employee. Salary classification according to the recruited or accepted job position is implemented in accordance with the provisions of law;

d) Enjoy benefits and policies according to regulations.