Chapter III
CONCLUSION OF CONTRACTS FOR HOLDING PROFESSIONAL POSITIONS
Article 9. Contracts for holding professional positions in PSPs
1. PSPs that cover their own regular expenditures and investment expenditures (hereinafter referred to as “group-1 units”) and PSPs that cover their own regular expenditures (hereinafter referred to as “group-2 units”) shall conclude employment contracts for holding professional positions undertaken by public employees in order to fill the vacancies of the units.
2. PSPs that cover part of their own regular expenditures (hereinafter referred to as “group-3 units”) shall conclude employment contracts to fill their vacancies for professional positions of providing public services that are not funded by state budget. For units that cover less than 70% of their own regular expenditures or units which are not assigned financial autonomy, it must be reported to competent supervisory authorities of PSPs for consideration before conclusion.
3. PSPs of which regular expenditures are covered by state budget (hereinafter referred to as “group-4 units”), except for units providing education and health services, shall conclude employment contracts for a period of not exceeding 12 months for holding job titles of specialists and generalists to add human resources to add human resources found lacking compared to the number of employees assigned by competent authorities or to promptly replace the number of public employees who are on maternity leave, severance or retirement.
4. Group-4 units providing education and health services shall conclude employment contracts for a period of not exceeding 12 months for holding job titles of specialists and generalists to add human resources but the number of signers must not exceed 70% of the difference between the number of the assigned employees and the number of employees prescribed in the norm issued by the Ministry of Education and Training and the Ministry of Health. The number of contracts shall be considered and decided by the People's Councils of provinces or ministries, ministerial agencies, Governmental agencies and supervisory agencies of the Central Government.
5. Group-3 units and group-4 that still have vacancies for the positions assigned by competent authorities must fill them.
6. The People’s Committees of central-affiliated cities with official or experimental urban governance, on the basis of population size, available budgets and socio-economic characteristics in each period and demands for human resources, shall decide to conclude service contracts with non-public units and organizations to provide education and health services in PSPs in cities under their management and ensure that the total regular expenditures covered by state budget are not increased as prescribed. For PSPs located in the above-mentioned cities under management of the Central Government, decisions shall be made by ministries, ministerial agencies, Governmental agencies and supervisory agencies of the Central Government.
Article 10. Standards, requirements, rights and obligations of parties to employment contracts
1. Individuals concluding employment contracts for holding professional positions must fully satisfy the following standards and requirements and have the following rights:
a) Fully meet the standards and requirements specified in Clause 1 Article 8 of this Decree;
b) Fully meet standards and requirements for professional positions as prescribed by specialized law;
c) Be responsible for their professions as prescribed by law, as agreed on in contracts and at the requests of PSPs;
d) Working periods under employment contracts (excluding training periods and challenge periods) for employees signing employment contracts for holding professional positions shall be the basis for salary payment based on positions that employees hold if they are recruited to work as officials or public employees. The building of pay grades corresponding to positions that employees are recruited shall comply with regulations of law;
dd) Be entitled to benefits and policies as prescribed in Point a, Point c Clause 2 Article 8 of this Decree.
2. For PSPs
a) Conclude contracts included in total contracts decided by competent authorities;
b) Pay salaries and provide other benefits and policies to employees as agreed on or pay them according to service contracts in conformity with labor law and other relative laws;
c) Regularly monitor and evaluate specialities of employees signing employment contracts for folding professional positions;
d) Be responsible before state regulatory authorities for completion of tasks assigned;
dd) In case PSPs conclude employment contracts with individuals, they must increase contribution amounts to welfare funds in conformity with regulations of law on financial autonomy of PSPs for ensuring provision of benefits and policies in case of termination of employment contracts.
3. For service providers: Fully meet the standards and requirements as prescribed in Clause 5 Article 8 of this Decree.
Article 11. Power to conclude contracts for holding professional positions
1. Regarding group-1 units, group-2 units and group-3 units that cover from 70% to less than 100% of their own regular expenditures: heads of units or persons authorized to sign contracts.
2. Regarding group-3 units that cover from 10% to less than 70% of their own regular expenditures and group-4 units: persons having power to sign employment contracts with public employees as prescribed by law on public employees or person authorized to sign contracts.
3. Regarding conclusion of service contracts: heads of authorities having power to manage PSPs shall directly sign contracts according to proposals of PSPs or authorize heads of PSPs to sign them. In case the People’s Committees of districts are competent authorities, reports and written consents issued by the People’s Committees of provinces should be required and before signing contracts.
Tìm kiếm
Nghị định 111/2022/NĐ-CP (Bản Word)
Nghị định 111/2022/NĐ-CP (Bản Pdf)
