Public employees play an important role in the State activities. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask who shall be considered as public employees in Vietnam? What are Principles in professional activities of public employees? What are Principles of management of public employees? Thanks for answering my questions!”
Legal grounds
- 2010 Law on Public Employees
Definition of Public employees
Public employees are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law.
Professional activities of public employees are the performance of work or tasks requiring professional qualifications, capability and skills in a public non-business unit under the provisions of 2010 Law on Public Employees and other relevant laws.
Principles in professional activities of public employees
– Observance of law and accountability before law in the course of carrying out professional activities.
– Devoted serving of the people.
– Compliance with professional processes and regulations, professional ethics and code of conduct.
– Submission to inspection, examination and supervision by competent agencies and organizations and by the people.
Principles of management of public employees
– Assurance of the leadership by the Communist Party of Vietnam and the uniform management by the State.
– Assurance of the right to lake the initiative and enhancement of the responsibility of heads of public non-business units.
– Recruitment, employment, management and evaluation of public employees arc based on criteria of professional titles, working positions and working contracts.
– Implementation of gender equality and preferential treatment policies of the State toward public employees who are talented people, ethnic minority people, people with meritorious services to the revolution and who work in mountainous, border, island, remote, deep-lying and ethnic minority areas and areas with extremely difficult socioeconomic conditions, and other preferential treatment policies of the State toward public employees.
Regulations on Working positions
– Working position is a work or task associated with a corresponding professional title or managerial post, serving as a basis for determining the number and structure of public employees to be recruited, employed and managed in a public non-business unit.
– The Government shall stipulate principles and methods of determining working positions and the competence, order and procedures for deciding on the number of working positions in a public non-business unit.
Regulations on Professional titles
– Professional title is the name expressing professional qualification and capability of public employees in each professional field.
– The Ministry of Home Affairs shall assume the prime responsibility for. and coordinate with concerned ministries and ministerial-level agencies in. stipulating a system of lists, criteria and codes of professional titles.
Public non-business units and organizational structures to manage their activities
– Public non-business unit is an organization established under law by a competent state agency, a political organization or a socio-political organization, having the legal person status and providing public services and serving state management work.
– Public non-business units include:
+ Public non-business units assigned with absolute autonomy in task performance, finance, apparatus organization and personnel (below referred to as autonomous public non-business units);
+ Public non-business units not yet assigned with absolute autonomy in task performance, finance, apparatus organization and personnel (below referred to as non-autonomous public non-business units).
– The Government shall detail criteria for classification of public non-business units mentioned in Clause 2 of this Article in each non-business area based on their ability to be autonomous in task performance, finance, apparatus organization, personnel and scope of operation.
– Depending on specific conditions and management requirements on each type of public non-business units in each sector, the Government shall stipulate the establishment, structure, functions, tasks and powers of management councils in public non-business units and relationships between management councils and heads of public non-business units.
Policies on the building and development of public non-business units and the contingent of public employees
– The State shall concentrate on building a system of public non-business units to provide public services for which the State must take main responsibility in order to serve the people in health, education, science and other fields in which the non-public sector is unable to provide these services; and shall assure provision of basic health and education services in mountainous, border, island, remote, deep-lying and ethnic minority areas and areas with extremely difficult socioeconomic conditions.
– The Government shall coordinate with competent agencies in directing the planning, organization and re-arrangement of the system of public non-business units in the direction of determining domains of restricted development and domains of prioritized development of these units, ensuring economical, effective and intensive utilization of human resources in order to improve the quality of non-business activities. No public non-business units shall be established to perform only commercial, for- profit services.
– The operation mechanism of public non-business units shall be further renovated towards autonomy, self-responsibility and independent cost-accounting; and the state management functions of ministries and ministerial- level agencies shall be separated from the function of administering public non-business units.
– The State shall adopt policies to build and develop a contingent of public employees with professional ethics, qualifications and capabilities to meet the increasing requirements of the provision of public services; and shall discover, attract, train, use in important positions and appropriately treat talented people in order to raise the quality of public services.
Regulations on working contracts
– Working contract with a definite term is a contract whereby the two parties determine the term or lime of expiration of the contract to be between full 12 months and 36 months. Working contract with a definite term applies to recruited public employees, except the cases specified at Points d and e. Clause – Article 58 of 2010 Law on Public Employees.
– Working contract with an indefinite term is a contract w hereby the two parties do not determine the term or time of expiration of the contract. Working contract with an indefinite term applies to public employees who have completed working contracts with a definite term and to cadres and civil servants convened into public employees under Points d and e. Clause – Article 58 of 2010 Law on Public Employees.
– A working contract has the following principal contents:
+ Names and addresses of the public non-business unit and its head;
+ Full name, address and date of birth of the recruited person, and full name, address and date of birth of the at-law representative of the recruited person, in case the recruited person is under 18 years old:
+ Work or tasks, working position and workplace;
+ Rights and obligations of the parties;
+ Type of the working contract, its term and conditions for its termination:
+ Salary, bonus and other entitlements (if any);
+ Working lime and rest time:
+ Probation regime (if any);
+ Working conditions and matters related to labor protection:
+ Social insurance and health insurance:
+ Effect of the working contract:
– Other commitments associated with the nature and characteristics of the sector or field and special conditions of the public non-business unit, which must not be contrary to 2010 Law on Public Employees and other relevant laws.
– A working contract shall be signed in writing between the head of a public non-business unit and the recruited public employee and made in 3 copies, one of which shall be handed to the public employee.
– For professional titles required by law to be appointed by the superiors of public non-business units, the signing of working contracts must be consented to by such superiors.
Please see more:
- Instructions for exclusive registration of company logos in Vietnam
- Service of changing the legal representative of Vietnamese enterprises
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Frequently asked questions
Public employees are Vietnamese citizens recruited according to working positions, working in public non-business units under working contracts and salaried from salary funds of public non-business units in accordance with law.
Professional activities of public employees are the performance of work or tasks requiring professional qualifications, capability and skills in a public non-business unit under the provisions of 2010 Law on Public Employees and other relevant laws.
The Government shall stipulate principles and methods of determining working positions and the competence, order and procedures for deciding on the number of working positions in a public non-business unit.
Conclusion: So the above is General provisions on public employees in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
