Vietnam Law has regulations on recruitment and employment of public employees. Let’s find out this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are recruitment registration conditions of public employees in Vietnam? What are regulations on appointment and change of professional titles? Thanks for answering my questions!”
Legal grounds
- 2010 Vietnam Law on Public Employees
Regulations on Recruitment principles of public employees
Recruitment of public employees must be based on work demand, working positions, criteria of professional titles and salary funds of public non-business units.
Recruitment principles include:
– Ensuring publicity, transparency, equality, objectivity and legality.
– Ensuring competitiveness.
– Selecting right persons who meet requirements of working positions.
– Enhancing the responsibility of heads of public non-business units.
– Giving priority to talented people, people with meritorious services to the revolution and ethnic minority people.
Recruitment registration conditions
A person who meets all the following conditions, regardless of nationality, gender, social status, belief and religion, may register for public employee recruitment:
+ Bearing Vietnamese citizenship and residing in Vietnam:
+ Reaching full 18 years of age. For a number of areas of cultural activity, arts. physical training and spoils, the age eligible for recruitment may be lower as provided by law with written consent of at-law representatives:
+ Filing an application for recruitment:
+ Having a clear personal background;
+ Possessing diplomas, training certificates or practice certificates or aptitude and skills relevant to the working position for which h+she applies:
+ Being physically fit for work or tasks;
+ Meeting other conditions required by the working position for which h+she applies and determined by the public non-business unit, which must not be contrary to law.
– The following persons may not register for public employee recruitment:
+ Having lost civil act capacity or having such capacity restricted;
+ Being examined for penal liability; currently serving a criminal sentence or ruling of the court or serving the administrative measure of confinement to a medical treatment establishment, an educational institution or a reformatory.
Recruitment of public employees shall be conducted through examination or selection.
Regulations on Organization of recruitment
– For autonomous public non-business units, their heads may recruit public employees and take responsibility for their decisions.
For non-autonomous public non-business units, their managing agencies shall recruit public employees or authorize heads of such units to recruit public employees.
– Based on recruitment results, heads of public non-business units shall sign working contracts with recruited public employees.
– The Government shall detail contents of recruitment of public employees provided in 2010 Law on Public Employees.
Types of 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.
Contents and forms of working contracts
– 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.
Regulations on Probation regime
– A recruited public employee must undergo the probation regime, except those who have at least full 12 months of performing professional work relevant to the working positions for which they are recruited.
– The probation period may last from 3 months to 12 months and must be stated in the working contract.
– The Government shall detail the probation regime.
Change of contents, renewal, suspension and termination of working contracts
– In the course of performing a working contract, if either party requests to change the contents of the contract, it shall inform the other party at least 3 working days in advance. When so agreed, the panics shall modify an+ or supplement the relevant contents of the working contract. While conducting negotiations, the parties shall still comply with the signed working contract. If negotiations fail, the parties shall continue performing the signed working party or agree to terminate it.
– For a working contract with a definite term, 60 days before its expiration, the head of the public non-business unit shall base himsel+herself on the demand of his/her unit and his/her evaluation of the performance of the public employee concerned, to decide to renew or terminate the working contract with the public employee.
– The suspension or termination of a working contract complies with the labor law.
– When a public employee moves to work for another agency, organization or unit, his/ her working contract will terminate and h+ she wilt have regimes and policies settled under law;
– When a public employee is appointed by a competent authority to hold a post in the public non-business units in which, as provided for by law. h+she will work as a civil servant, or receives a retirement decision, his/her working contract will automatically terminate.
Regulations on Unilateral termination of working contracts
– Public non-business units may unilaterally terminate working contracts with public employees in the following cases:
+ Public employees who have been evaluated as not accomplishing tasks for two consecutive years;
+ Public employees who are sacked under Point d. Clause – Article 52 or Clause 1, Article 57 of 2010 Law on Public Employees;
+ Public employees working under working contracts with an indefinite term who fall sick and have received medical treatment for 12 consecutive months; public employees working under working contracts with a definite term who fall sick and have received medical treatment for 6 consecutive months but still cannot rehabilitate their working capacity. When their health recovers, these public employees may be considered for renewing their working contracts;
+ Due to natural disasters, fires or other force majeure events as stipulated by the Government, public non-business units cannot but narrow their scope of activity, which makes redundant working positions held by public employees;
+ Public non-business units terminate operations under decisions of competent agencies.
– When unilaterally terminating a working contract, except the case specified at Point b. Clause 1 of this Article, the head of the public non-business unit shall notify such to the public employee concerned at least 45 days in advance, for working contracts with an indefinite term, or at least 30 days in advance, for working contracts with a definite term. For a public employee recruited by the managing agency of a public non-business unit, the unilateral termination of his/her working contract shall be decided by the head of the public non-business unit after obtaining written consent of the managing agency.
– The head of a public non-business unit may not unilaterally terminate the working contract with public employees in the following cases;
+ Public employees who fall sick or have accidents or are receiving medical treatment for occupational diseases under decisions of medical treatment establishments, except the case specified at Point c. Clause 1 of this Article;
+ Public employees who are on annual leave, leave for personal reasons and other reasons permitted by heads of public non-business units;
+ Female public employees who are pregnant, on maternity leave or nursing under 36-months babies, except when their public non-business units terminate operation.
– Public employees working under working contracts with an indefinite term may unilaterally terminate their contracts provided that they shall notify such in writing to the heads of their public non-business units at least 45 days in advance; for public employees who fall sick or have accidents and have received medical treatment for 6 consecutive months, such notice must be given at least 3 days in advance.
– Public employees working under working contracts with a definite term may unilaterally terminate their contracts in the following cases:
+ They arc employed in working positions or workplaces or provided with working conditions not as agreed in their working contracts:
+ They are paid with salaries lower than the level or later than the time agreed in their working contracts;
+ They are maltreated or forced to work;
+ They or their families meet so great difficulties that they cannot continue performing their contracts;
+ Female public employees get pregnant and have to lake leave as prescribed by a medical treatment establishment;
+ They fall sick or have accidents and have received medical treatment for 3 or more consecutive months but cannot rehabilitate their working capacity.
– Public employees shall notify in writing their unilateral termination of their working contracts to the heads of their public non-business units at least 3 days in advance for the cases specified at Points a. b. c, e and f, Clause 5 of this Article; or at least 30 days in advance for the cases specified at Point d. Clause 5 of this Article.
Disputes related to the signing, performance or termination of working contracts shall be settled under the labor law.
Regulations on Appointment and change of professional titles
– Appointment of public employees to hold professional titles must adhere to the following principles:
+ Professional title matches working position:
+ The public employee satisfies all criteria of the professional title which h+she is appointed to hold.
– Change of professional tiles of public employees shall be effected through examination or selection on the principles of equality, publicity, transparency, objectivity and legality.
– Public employees may register for examination or selection to change their professional titles if their public non-business units so need and they meet all conditions and criteria as provided by law.
– The Government shall specify the process and procedures for examination or selection and appointment of public employees to hold professional titles; and assign and delegate the examination, selection or appointment of public employees to professional titles.
Ministries and ministerial-level agencies assigned to perform the state management of fields of operation of public employees shall assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, specifying criteria of professional titles and conditions for examination or selection to change professional titles of public employees.
Regulations on Change of working positions
– When their public non-business units need, public employees may change to new working positions if they meet all professional criteria of such working positions.
– The selection of public employees for vacant working positions shall be performed by heads of public non-business units or agencies competent to manage public non-business units on the principles of equality, publicity, transparency, objectivity and legality.
– When a public employee changes to a new working position, his/her working contract shall be modified an+or supplemented or his/her professional title changed under Clause 1, Article 2- and Article 31 of 2010 Law on Public Employees.
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
Recruitment of public employees must be based on work demand, working positions, criteria of professional titles and salary funds of public non-business units.
Recruitment of public employees shall be conducted through examination or selection.
– 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 an indefinite term is a contract w hereby the two parties do not determine the term or time of expiration of the contract.
Conclusion: So the above is Recruitment and employment of 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
