The Ministry of Home Affairs guides the basis for signing contracts to perform the duties of civil servants.

The Ministry of Home Affairs has just issued an official dispatch to guide some difficulties and problems in the process of organizing and implementing tasks as requested by the Department of Home Affairs of Lang Son province. In particular, the Ministry of Home Affairs stated the basis for localities to sign contracts for vacant positions of civil servants.

According to the Department of Home Affairs of Lang Son province, the signing of contracts to perform tasks of civil servants is carried out in accordance with Decree 173/2025/ND-CP dated June 30, 2025 of the Government. Clause 3, Article 4 of Decree 173/2025/ND-CP stipulates: "Specialized, professional or service support work that the existing human resources cannot meet, in order to serve the internal activities of agencies, organizations and units, is decided by the head of the agency using civil servants according to the requirements of implementing the work plan."

On August 31, the Ministry of Home Affairs also issued Official Dispatch No. 7415/BNV-CCVC on the plan to ensure human resources at the commune level, in which it requested the Provincial People's Committee to determine the number of missing civil servants to urgently supplement human resources (especially in the fields of information technology and digital transformation, accounting, land administration, construction... at the commune level) and positions directly serving people and businesses in the following forms: Signing labor contracts with people with expertise and skills that immediately meet the requirements of the task (priority given to the fields of information technology and digital transformation, accounting, land administration, construction...) according to the provisions of Clause 3, Article 4 of Decree 173/2025/ND-CP.

However, at Point a, Clause 2, Article 7 of Decree 173/2025/ND-CP stipulates: "Do not sign contracts to perform the following types of work: a) State management work of a regular and continuous nature."

Lang Son Provincial Department of Home Affairs said that currently, the commune level in Lang Son province is lacking a lot of human resources in some specialized fields such as: Information technology, construction, transportation, accounting... to advise on the implementation of regular tasks of the People's Committee at the commune level. Based on the above documents, Lang Son Provincial Department of Home Affairs asked the question: "Can the People's Committee at the commune level sign labor contracts to implement regular tasks at the departments and units under the People's Committee at the commune level?"

Responding to the Department of Home Affairs of Lang Son province, the Ministry of Home Affairs said that the signing of contracts to perform the duties of civil servants is in accordance with Decree 173/2025/ND-CP dated June 30, 2025 of the Government .

At Point c, Clause 1, Article 21 of the Law on Cadres and Civil Servants 2025, it is stipulated that based on the nature and requirements of the tasks of the agency, organization, or unit at each point in time and the current situation, human resource needs, and the ability to meet the requirements for performing assigned tasks, the civil servant management agency decides to sign a service contract to perform the work of the agency, organization, or unit due to insufficient human resources.

Clause 2, Article 3 of Decree No. 173/2025/NDCP1 stipulates that "Contract signing is carried out flexibly according to each project, task or annual work program based on existing human resources and the ability to meet the requirements of performing tasks of agencies, organizations and units." The Ministry of Home Affairs has issued Official Dispatch No. 7415/BNV-CCVC on the plan to ensure human resources at the commune level.

Accordingly, the Ministry of Home Affairs requested the Department of Home Affairs of Lang Son province to base on the local personnel situation and the provisions in Clause 3, Article 4, Clause 2, Article 6 of Decree No. 173/2025/ND-CP to advise the Provincial People's Committee to sign labor contracts or service contracts with a fixed term for the vacant positions of civil servants to immediately meet the local requirements./.

Regarding the form of contract, type of contract and term of signing for the work specified in Clause 3, Article 4 of Decree No. 173/2025/ND-CP, Clause 2, Article 6 of the Decree stipulates: "Signing service contracts to perform administrative work or work not related to state management activities that the existing human resources cannot meet; Based on the nature of the work and the specific characteristics of the agency, organization, unit, the competent authority decides to sign a contract and chooses to sign a service contract with a legal entity or individual to perform the work."

Comment (0)