New regulations on contracts for performing duties of civil servants

This Decree provides for labor contracts and service contracts to perform one or several tasks of civil servants in Party agencies, the Vietnam Fatherland Front, the State, and socio-political organizations at the central, provincial, and communal levels.

This Decree applies to agencies of the Communist Party of Vietnam , the State, the Vietnam Fatherland Front, socio-political organizations at the central, provincial and communal levels. Agencies, organizations, units and individuals signing labor contracts and service contracts. Diplomatic representative agencies, consular representative agencies, representative agencies at international organizations and other agencies of Vietnam abroad signing labor contracts and service contracts to perform one or several tasks within the scope of management according to the provisions of law on Vietnamese agencies abroad and the provisions of this Decree.

The Decree clearly states that the Minister of National Defense and the Minister of Public Security shall decide on the application of the provisions of this Decree to sign labor contracts and service contracts to perform one or several tasks within the scope of management.

Work is done through contracting

The job performs one or several tasks of a leadership or management position that are strategic, sudden, urgent, and irregular in nature:

- Organize policy development, policy planning, strategies, programs, projects on science, economics, technology, innovation, digital technology industry, digital infrastructure development, national digital transformation, institutional reform;

- Organize or supervise the implementation of pilot programs and projects on breakthrough technology and policies; new technology testing models, public-private partnerships in research and application of science and technology and institutional reform;

- Organize the implementation of national, ministerial and local level tasks on law enforcement, development of big data systems, artificial intelligence, semiconductor technology, biotechnology, new materials, new energy and other strategic industries;

- Other contents as decided by the head of the competent management agency, ensuring compliance with the implementation principles prescribed in Article 3 and in accordance with the provisions in Clause 2, Article 7 of this Decree.

Work performing one or several specialized, professional tasks that are specific, in-depth, require high qualifications, or are seasonal and irregular, including:

- Applying digital transformation in agencies, organizations and units; building big data, data analysis systems, forecasting models, artificial intelligence in the fields of public administration, socio-economics, administrative reform, digital government development, digital economy, digital society to serve state management activities of agencies, organizations and units;

- Develop, operate, and monitor national digital platforms, management information systems, and specialized databases in the fields of administration, education, health, natural resources - environment, and smart cities;

- Implement tasks under institutional reform projects and programs, improve capacity for public policy planning, innovative policies, policy testing, system testing, and information system security to serve state management activities;

- Other contents as decided by the person authorized to sign the contract as prescribed in Article 8 of this Decree, ensuring compliance with the implementation principles prescribed in Article 3 and in accordance with the provisions in Clause 2, Article 7 of this Decree.

Specialized, professional or service support work that current human resources cannot meet, to serve the internal operations of agencies, organizations and units, decided by the head of the agency using civil servants according to the requirements of implementing the work plan.

Contract signing subjects

For jobs performing one or several tasks of a strategic, sudden, urgent, and irregular leadership or management position, the subjects signing the contract include: Managers, business administrators, typical and excellent businessmen in fields suitable for the task; Lawyers, attorneys, experts, leading scientists in fields suitable for the task.

For jobs that perform one or several specialized, specialized, highly qualified or seasonal, irregular tasks, contracts are signed with: Managers, business administrators, outstanding and outstanding entrepreneurs in fields suitable for the task; Lawyers, attorneys, experts, leading scientists in fields suitable for the task; people with experience, knowledge of expertise and profession and have directly carried out specific tasks of a similar nature; people with sufficient standards, conditions, and experience to meet the requirements of the specialized, professional job position.

Signing a service contract with a legal entity or individual to perform specialized, professional work or support services that the existing human resources cannot meet, in order to serve the internal activities of the agency, organization or unit as decided by the head of the agency using civil servants according to the requirements of implementing the work plan carried out according to the decision of the competent management agency, organization or unit.

The Decree clearly states that the person signing the contract to perform the duties of a civil servant is not included in the assigned payroll of the agency, organization or unit.

Contract form, contract type and signing period

The works specified in Article 4 of this Decree are signed in written contracts; in case of signing 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.

The types of contracts signed for each type of work performed are as follows:

- For the work specified in Clause 1, Article 4 of this Decree: Sign service contracts with individuals specified in Clause 1, Article 5 of this Decree;

- For the work specified in Clause 2, Article 4 of this Decree: Sign labor contracts with individuals specified in Clause 2, Article 5 of this Decree;

- For the work specified in Clause 3, Article 4 of this Decree: Signing service contracts to perform administrative work or work unrelated to state management activities that the current 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, choosing to sign a service contract with a legal entity or individual to perform the work;

- Service contracts are applied according to the provisions of civil law; labor contracts are applied according to the provisions of labor law.

The determination of the contract signing period is carried out as follows:

- The contract signing period must be based on the task, including: the nature of the task (ad hoc, annual plan, long-term or short-term); human resource needs; financial conditions for performing the task; ability to meet the requirements for performing the task;

- The term of the service contract is determined according to the work and is implemented according to the provisions of civil law, clearly defined in the contract. The term of the contract is decided by the person authorized to sign the contract, ensuring compliance with the principles of implementation stipulated in Article 3 of this Decree;

- The term of the labor contract shall not exceed 24 months;

- Do not sign indefinite-term contracts in the cases specified in Article 5 of this Decree.

The contract form is signed according to the instructions of the Ministry of Home Affairs.

Cases of non-contract signing

Contracts shall not be signed with the following subjects: (a) Persons who are cadres, civil servants, public employees or working in the armed forces, or persons working in secretarial work; (b) Persons who are banned from practicing their profession, are being prosecuted for criminal liability or are serving a penalty according to a decision of a competent authority; (c) Persons who are related to the person with authority to sign the contract as wife, husband, biological father, biological mother; father, mother (wife or husband), adoptive father, adoptive mother; biological children, adopted children; biological brothers, sisters; aunts, uncles, biological uncles; biological brothers, sisters of the wife or husband; spouse of biological brothers, sisters, or siblings of the person with authority to sign the contract.

Do not sign contracts to perform the following types of work: (a) State management work of a regular and continuous nature; (b) Work that is not within the functions, tasks and powers of the agency, organization or unit; (c) Work where the performance of the contract may give rise to conflicts of interest, affecting objectivity, transparency and integrity in public service activities; (d) Work affecting national defense, national security, internal political security, counter-terrorism, counter-intelligence, protection of state secrets, and tasks of important confidential positions. In cases where it is absolutely necessary to sign a contract to perform a task, it is necessary to obtain the unanimous opinion of the Ministry of Public Security and the Ministry of National Defense before organizing the signing of the contract.

Termination of contract

The contract is terminated in the following cases: The contract expires and the parties do not continue to extend or sign a new contract; the contract's tasks are completed (with a record of product quality assessment or product acceptance); according to the agreement between the parties; one of the two parties unilaterally terminates the contract according to the provisions of law; the individual signing the contract no longer meets the conditions and standards as prescribed in Article 9 of this Decree; the agency, organization, or unit is dissolved, merged, split or changes its organization, resulting in no longer needing to use human resources according to the contract; due to changes in mechanisms, policies or task requirements, the contract cannot be continued; other cases according to the provisions of law.

The Decree clearly states that the person signing the contract is responsible for ensuring that state secrets, work secrets and confidential information accessed during the performance of duties are not disclosed, even after the contract is terminated; products, research results, innovations, technical solutions, professional documents and other intellectual property implemented by the contracting party during the contract period are owned by the agency, organization or unit signing the contract, unless otherwise agreed in writing; the agency, organization or unit is responsible for protecting the legitimate rights and interests of the contracting party regarding products, scientific works, innovations and technical solutions according to the provisions of the law on intellectual property, if these rights are established according to the agreement in the contract or relevant legal provisions;

Along with that, the parties are responsible for fully paying outstanding debts, financial settlement (if any), returning assets, records, and related documents according to regulations. In case one party unilaterally terminates the contract in violation of regulations, it must compensate for damages (if any) according to the provisions of law and according to the agreement in the contract.

Termination of the contract must be made in writing in accordance with the provisions of law, clearly stating the reason for termination, the time of termination and the responsibilities of each party after the contract is terminated.

To Thi Hue

Source: https://sotp.langson.gov.vn/tin-tuc-su-kien/quy-dinh-moi-ve-hop-dong-thuc-hien-nhiem-vu-cua-cong-chuc.html