Chương I Nghị định 111/2022/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for the execution of contracts for performance of tasks of administrative bodies and public service providers.

Article 2. Regulated entities

1. State administrative bodies (SAAs) of the Central Government, provinces, districts and communes.

2. Agencies of the Communist Party of Vietnam (CPV), Vietnam Fatherland Front and socio-political organizations of the Central Government, provinces and districts.

3. Public service providers (PSPs).

4. Administrative bodies and public service providers of the CPV, Vietnam Fatherland Front and socio-political organizations complying with the regulations in this Decree, the Charter and regulations of the CPV and relevant socio-political organizations.

5. Public service providers affiliated to the Ministry of National Defense and the Ministry of Public Security comply with relevant laws; applying the regulations in this Decree at the request of the Minister of National Defense and the Minister of Public Security.

6. Diplomatic missions, consulates, representative missions of international organizes and other missions of Vietnam in foreign countries complying with regulations of law on overseas Vietnamese representative missions and the regulations in this Decree.   

7. Agencies, organizations, units and individuals signing service contracts and employment contracts.

Article 3. Policies of the State on execution of contracts for performance of tasks of administrative bodies and public service providers

1. Strengthen the mechanism for self-control and self-responsibility of PSPs; conclude employment contracts with public employees to fill the vacancies at PSPs according to their level of autonomy while still maintaining the downsizing policies and decreasing salaried employees getting paid from the state budget in PSPs.

2. Promote socialization and ensure sources performing the task for providing basic and essential public services; strengthen the public-private partnership performance in terms of human resources, especially health and education; grant financial autonomy to PSPs that are fully funded by the State.

3. Sign employment contracts and service contracts to hold administrative support positions in administrative bodies and PSPs of which service contract is given priority; do not sign employment contracts to hold professional positions in administrative bodies and service contracts to hold professional positions in PSPs, except cases prescribed in Clause 6 Article 9 of this Decree.  

4. Employees signing employment contracts to hold professional positions in PSPs must fully satisfy standards and requirements of job titles of specialists and generalists; shall apply regulations on rights and obligations of public employees as prescribed by law, rules and statutes of agencies, organizations, units and agreements in such contracts; the planning and appointment shall comply with regulations of the VCP and of law.

5. Employees working under employment contracts in administrative bodies and PSPs shall not be on government payrolls and employees whose salaries are paid from the state budget shall be approved by competent authorities. PSPs are responsible for reviewing annually to recruit a number of salaried employees getting paid from state budget according to the assignment of competent authorities; the conclusion of contracts prescribed in this Decree is not meant to replace the recruitment of officials and public employees.  

6. Regulations and policies for contractual employees shall comply with agreements stated in employment contracts in conformity with regulations of law. Employers are responsible for considering regulations, policies and legal entitlements of their employees.

Article 4. Works for executing contracts  

1. Administrative support positions in administrative bodies and PSPs that are under management and regulations of labor law, civil law and other relative laws include:

a) Drivers, security guards, except cases prescribed in clause 2 of this Article;

b) Receptionists, staffs; housekeepers; security vehicle patrol officers; maintenance and operations staffs of headquarters, equipment and machinery serving operations of agencies, organizations and units;

c) Other administrative support positions which are specified in the list of administrative support positions in administrative bodies and PSPs and are not identified as officials and public employees as prescribed by law.

2. Administrative support positions in administrative bodies that are under management and regulations similar to officials include:

a) Security guards at agencies and units: Central Office of the Communist Party of Vietnam, Office of the President, Office of the National Assembly, Office of the Government; Vaults or archives of money-equivalent prints of the State Bank of Vietnam, State Treasury, archives of tax prints, archives of customs prints;

b) Drivers of Ministers or positions and titles equivalent to Ministers or higher positions; drivers of cash transport vehicles of the State Bank of Vietnam and State Treasury;

c) Other administrative support positions at central crucial agencies and secret services according to decisions of heads of competent authorities.

3. Professional positions specified in the list of job titles of specialists and generalists in PSPs.

Article 5. Forms and types of contracts and contract requirements

1. Employees holding positions prescribed in Article 4 of this Decree shall be contracted in writing; if a contract is made by electronic means in the form of data messages according to regulations of law on electronic transactions, the electronic contract is valuable as the written contract. Types of signed contracts include:

a) Service contracts under regulations of civil law and other relative laws;

b) Employment contracts under regulations of labor law and regulations in this Decree.

2. Contract requirements

a) For administrative bodies and PSPs: it is required to have demands for conclusion of contracts for performance of tasks prescribed in Article 4 of this Decree and fully meet other requirements as prescribed by law;

b) For organizations providing services: it is required to fully meet operating requirements as prescribed by law, ensure employees’ regulations as prescribed by labor law and other relative laws;  

c) For individuals: it is required to fully meet standards and requirements as prescribed in Clause 1 Article 8 if individuals conclude employment contracts for having administrative support positions or Clause 1 Article 10 if individuals conclude employment contracts for professional positions as prescribed in this Decree.