Chapter IV
RESPONSIBILITIES FOR IMPLEMENTATION
Article 12. Implementation fund
Funds for conclusion of contracts in this Decree are prescribed as follows:
1. For service contracts or employment contracts for holding administrative support positions in:
a) Administrative bodies: Funds for execution of such contracts are provided from state budget and other revenues (if any); beyond wage-fund of agencies and units;
b) Group-1 units and group-2 units: Funds for execution of such contracts shall be provided by the units as prescribed by law on financial autonomy of PSPs;
c) Group-3 units: revenues from service operations are used to execute such contracts; funding from state budget (if any) is used if total regular expenditures covered by state budget are not increased as prescribed;
d) Group-4 units: Funds for execution of such contracts are allocated from regular expenditures as prescribed by law on financial autonomy of PSPs.
2. For employment contracts for holding professional positions in:
a) Group-1 units and group-2 units: Comply with the regulations in Point b Clause 1 of this Article;
b) Group-3 units: Comply with the regulations in Point c Clause 1 of this Article;
c) Group-4 units (excluding group-4 units providing education and health services): Comply with the regulations in Point d Clause 1 of this Article;
d) Group-4 units providing education and health services: funds for execution of contracts for contractual employees decided by the People's Councils of provinces as prescribed in Clause 1 Article 9 of this Decree are allocated from regular expenditures covered by local budget (except for the unit's own budget). Units affiliated to ministries, ministerial agencies, Governmental agencies and supervisory agencies of the Central Government shall be funded by state budget as prescribed by law on government budget hierarchy.
3. With regard to service contracts for holding professional positions prescribed in Clause 6 Article 9 of this Decree:
a) Group-1 units and group-2 units: Comply with the regulations in Point b Clause 1 of this Article;
b) Group-3 units: Comply with the regulations in Point c Clause 1 of this Article;
c) Group-4 units: Comply with the regulations in Point d Clause 2 of this Article.
4. With regard to units providing particular financial mechanisms: salaries paid for contractual employees and other expenses (if any) for contractual employees shall comply with particular financial mechanisms approved by competent authorities.
Article 13. Transitional clauses
1. If employees holding administrative support positions as prescribed in Clause 1 Article 4 of this Decree are not transferred to sign employment contracts as prescribed in Decree No. 161/2018/ND-CP dated November 29, 2018 amending certain regulations on recruitment of officials, public employees, paygrade advancement for officials, rank promotion for public employees and conclusion of contracts for performance of tasks of administrative bodies and public service providers (hereinafter referred to as “Decree No. 161/2018/ND-CP”) and agencies, organizations and units refuse to sign service contracts, within 12 months from the date on which this Decree comes into force, such agencies, organizations and units must transfer to sign employment contracts. Signed employment contracts must provide assurance about legal rights and benefits of salaries, social insurance benefits and other benefits as by law. In case one of parties to a contract refuses to resign their contracts, severance terms shall be applied as prescribed by law.
With regard to service contracts, agencies, organizations and units shall be responsible for requiring service providers take priority over concluding such contracts with persons on contracts according to Decree No. 68/2000/ND-CP dated November 17, 2000 of the Government on conclusion of contracts for performance of tasks of administrative bodies and service providers (hereinafter referred to as “68/2000/ND-CP”) and Decree No. 161/2018/ND-CP, ensuring salary, social insurance and other benefits that employees are enjoying. In case the employee does not wish to renew the contract, severance terms shall be applied as prescribed by law.
If an employee, under regulations of this Clause, only is on a contract for less than 24 months of the remaining contractual period up to the day of retirement from the day on which this Decree comes into force, his/her tasks, benefits and policies shall be applied continuously and a contract renewal is not required at that time as prescribed in this Decree.
2. Employees who used to hold administrative support positions and then removed from government payrolls due to government downsizing may sign employment contracts if they still wish to work and the following requirements are fully satisfied:
a) They used to hold administrative support positions as prescribed in Article 3 of Decree No. 68/2000/ND-CP which is amended by Clause 3 Article 3 of Decree No. 161/2018/ND-CP and have resigned such positions before the day on which this Decree comes into force;
b) They are on payrolls of agencies, organizations and units and have resigned administrative support positions prescribed in Clause 2 Article 4 of this Decree before the day on which this Decree comes into force.
3. Employees who are holding positions prescribed in Clause 2 Article 4 of this Decree and are on contracts according to Decree No. 68/2000/ND-CP shall not be required to renew their contracts as prescribed in this Decree. Benefits and policies shall be applied as prescribed in Point b Clause 2 Article 8 of this Decree.
4. Employees applicable to regulated entities prescribed in Article 3 of Decree No. 68/2000/ND-CP which is amended by Clause 3 Article 3 of Decree No. 161/2018/ND-CP, except for employees working at the Government Office and being recruited from the day on which this Decree comes into force, shall abide by regulations in Clause 2 Article 4 of this Decree, and shall not be on state official payrolls approved by competent authorities.
5. Employee who is working under an employment contract for holding a professional position as prescribed in Resolution No. 102/NQ-CP dated July 03, 2020 of the Government on solutions for state payroll in education and health sectors shall continue to execute his/her contract until the end of contractual period and be given priority over signing contracts for holding professional positions as prescribed in this Decree if contracting parties have demands for a contract renewal.
6. Agencies having power to manage officials are responsible for showing statistics on the number of employees who are holding administrative support positions as prescribed in Clause 1 and Clause 2 Article 4 of this Decree. If an employee is not on the payroll, a report must be submitted to a competent authority for considering and adjusting accordingly.
7. Employees who have been put on government payrolls before the day on which Decree No. 25/CP dated May 23, 1993 of the Government comes into force and are holding positions prescribed in Article 4 of this Decree shall not work under employment contract.
The Ministry of Home Affairs shall take charge and cooperate with the Ministry of Finance and relative agencies in guiding implementation of regulations on benefits and policies if difficulties arise, giving guarantees on legal rights and benefits of employees and implementing downsizing policies for personnel and salaried employees getting paid from the state budget as prescribed; providing service contract and employment contract templates for unified implementation.
Article 14. Entry into force
1. This Decree comes into force from February 22, 2023.
2. The following documents and regulations are invalid from the day on which this Decree comes into force:
a) Decree No. 68/2000/ND-CP dated November 17, 2000 of the Government on imposing contract regimes on certain tasks of state administrative bodies and service providers.
b) Article 3 of Decree No. 161/2018/ND-CP dated November 29, 2018 of the Government on amendments to certain regulations on recruitment of officials and public employees, paygrade advancement for officials, rank promotion for public employees, and conclusion of contracts for performance of tasks of administrative bodies and public service providers;
c) Clause 2 Article 7 of Decree No. 06/2013/ND-CP dated January 09, 2013 of the Government providing for protection of agencies and enterprises;
d) Resolution No. 102/NQ-CP dated July 03, 2020 of the Government on solutions for state payroll in education and health;
Article 15. Responsibilities for implementation
Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People's Committees of provinces and central-affiliated cities, relevant organizations and individuals are responsible for implementation of this Decree./.
Tìm kiếm
Nghị định 111/2022/NĐ-CP (Bản Word)
Nghị định 111/2022/NĐ-CP (Bản Pdf)
