Decree No. 111/2022/NĐ-CP on contracts for certain types of work in administrative agencies and public service units

DECREE

On contracts for certain types of work
in administrative agencies and public service units

_____________

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Labor Code on November 20, 2019;

Pursuant to the Civil Code on November 24, 2015;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

||| Based on the proposal of the Minister of Home Affairs;

The Government issues this Decree on contracts for certain types of work in administrative agencies and public service units.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the implementation of labor contracts and service contracts for certain types of work in administrative agencies and public service units.

Article 2. Applicability

1. Central-level, provincial-level, district-level, and commune-level state administrative agencies.

2. Agencies of the Communist Party of Vietnam, the Vietnam Fatherland Front, political-social organizations at the central level, provincial level, and district level.

3. Public service units.

4. Administrative agencies and public service units of the Communist Party of Vietnam, the Vietnam Fatherland Front, and political-social organizations shall implement this Decree and the regulations of the Communist Party of Vietnam and related political-social organizations as prescribed in their charters.

5. Public service units under the Ministry of National Defense and the Ministry of Public Security shall implement according to the specialized laws and apply the provisions of this Decree based on decisions by the Minister of National Defense and the Minister of Public Security.

6. Diplomatic representative agencies, consular representative agencies, representative agencies at international organizations, and other Vietnamese agencies abroad shall implement according to the laws on Vietnamese representative agencies abroad and the provisions of this Decree.

7. Organizations, units, individuals entering into service contracts and labor contracts.

Article 3. State policy on implementing contracts in administrative agencies and public service units

1. Promote mechanisms to enhance the autonomy and responsibility of public service units; enter into labor contracts for professional and technical positions undertaken by civil servants to meet the needs of various types of public service units according to their degree of autonomy, ensuring that it does not affect the policy of streamlining the workforce and reducing the number of personnel receiving salaries from the state budget in public service units.

2. Promote socialization and ensure resources for providing essential public services; promote the integration of public and private sectors in human resources, especially in healthcare and education; implement cost-sharing mechanisms for public service units funded by the state.

3. Enter into labor contracts and service contracts to perform supporting and service functions in administrative agencies and public service units, prioritizing service contracts; do not enter into contracts for professional and technical positions in administrative agencies or service contracts for professional and technical positions in public service units, except as provided in Clause 6, Article 9 of this Decree.

4. Individuals signing labor contracts for professional and technical positions in public service units must meet all standards and conditions for job positions and common professional roles; they shall be subject to the provisions on rights and obligations of civil servants as stipulated by law, internal regulations, rules, and charters of the agencies, organizations, units, and agreements in the contract; planning and appointment shall be carried out according to the regulations of the Party and the law.

5. Personnel working under labor contracts in administrative agencies and public service units not included in the establishment quota shall be approved by the competent authority. Each year, public service units have the responsibility to review and recruit the number of personnel receiving salaries from the state budget assigned by the competent authority; the form of contract stipulated in this Decree shall not be used to replace the recruitment of civil servants and civil employees.

6. The terms and policies for contractual workers shall be implemented according to the agreement in the labor contract in accordance with the law. Employers shall be responsible for paying attention to the terms, policies, and legitimate rights of workers.

Article 4. Works to be performed under contracts

1. Support and service works carried out in administrative agencies and public service units for management and application of labor regulations, civil laws, and other relevant laws include:

a) Driving and security services, except as provided for in Clause 2 of this Article;

b) Receptionist, serving; janitorial work; vehicle parking; maintenance, repair, and operation of premises, equipment, and machinery serving the activities of agencies, organizations, and units;

c) Other support and service works included in the list of positions for support and service in administrative agencies and public service units that are not determined as civil servants or public officials according to the provisions of the law.

2. Support and service works carried out in administrative agencies for management and application of policies like civil servants include:

a) Security at agencies and units: Central Party Office, President's Office, National Assembly Office, Government Office; Money vaults or stamp archives with equivalent value to money of the State Bank, Treasury, Tax Stamp Archive, Customs Stamp Archive;

b) Driving services for Ministers or equivalent positions above Minister level; driving specialized vehicles transporting money of the State Bank, Treasury;

c) Individuals performing other support and service works at central key and confidential agencies according to the decision of the head of the competent managing agency.

3. Specialized and professional works included in the list of positions for professional titles and common professional positions in public service units.

Article 5. Forms, types of contracts, and conditions for concluding contracts

1. The works stipulated in Article 4 of this Decree shall be concluded in writing; in cases where electronic means are used to conclude contracts in the form of data messages in accordance with the law on electronic transactions, such contracts shall have the same effect as written contracts. Types of contracts to be concluded include:

a) Service contracts as prescribed by civil law and other relevant laws;

b) Labor contracts as prescribed by labor law and this Decree.

2. Conditions for concluding contracts

a) For administrative agencies and public service units: There must be a need to conclude contracts to perform the works specified in Article 4 of this Decree and meet all other requirements as prescribed by law;

b) For service providers: They must meet all operating conditions as prescribed by law, ensuring labor benefits for workers as prescribed by labor law and other relevant laws;

c) For individuals: They must meet all standards and conditions as prescribed in Clause 1 of Article 8 for individuals concluding labor contracts for support and service works or Clause 1 of Article 10 for individuals concluding labor contracts for specialized and professional works as prescribed in this Decree.

Chapter II
CONCLUSION OF CONTRACTS TO PERFORM
SUPPORT AND SERVICE WORKS

Article 6. Contracts for performing support and service works

1. Administrative agencies and public service units shall conclude service contracts to perform support and service works within their own agencies, organizations, and units; in cases where there is no service provider meeting the requirements, they shall conclude labor contracts with individuals to perform the aforementioned works.

2. Principles, conditions for concluding contracts; contents, rights, responsibilities, and other provisions shall be implemented in accordance with labor law, civil law, and other relevant laws.

Article 7. Authority to conclude contracts for performing support and service tasks

1. For administrative agencies: The head of the administrative agency which has been determined as the focal point receiving personnel quotas and administrative management funds from the state budget shall be the person authorized to conclude contracts and determine the number of contracts, or may delegate authority in writing to the heads of subordinate units to conclude such contracts.

2. For public service establishments: The head of the public service establishment shall be the person authorized to conclude contracts. In cases where they do not directly conclude contracts, they may authorize the heads of subordinate units to do so. Such authorization must be made in writing.

Article 8. Standards, conditions, rights, and obligations of parties concluding contracts for performing support and service tasks

1. Individuals signing labor contracts for support and service work must meet the following standards and conditions:

a) Having Vietnamese nationality;

b) Being of working age as prescribed by labor laws and specialized laws;

c) Having sufficient health to work;

d) Having a verified personal record by the competent authority;

e) Having the ability to meet the requirements of the job position;

f) Not being under criminal investigation or serving a prison sentence, undergoing corrective education without imprisonment, or being subject to community-based educational measures, compulsory educational facilities, or compulsory drug rehabilitation centers; not being prohibited from practicing their profession or engaging in work related to the contracted job during the prohibition period;

g) Meeting other standards and conditions as prescribed by specialized laws and according to the standards and conditions of the job position as stipulated by the competent recruitment authority.

2. Rights of workers

a) Workers engaged in support and service work as specified in Clause 1, Article 4 of this Decree shall enjoy wages and other benefits as agreed upon in the labor contract. Wages in the labor contract shall be applied in one of two forms: Applying wage levels consistent with labor law regulations or applying the civil servant and public official salary scale appropriate to the budget capacity of the agency, organization, or unit. If the agreement applies the civil servant and public official salary scale, any allowances (if applicable) shall be included in the wage; the wage increment system and other policies related to wages shall be implemented similarly to those for civil servants and public officials;

b) Workers specified in Clause 2, Article 4 of this Decree shall not be counted in the assigned personnel quota, and shall be subject to the regime and policies stipulated in Chapter II, Part II of the Civil Servant Law 2008 and other regulations on the regime and policies for civil servants; when ceasing to perform the jobs specified in Clause 2, Article 4, they will no longer enjoy the regime and policies stipulated herein and may continue to sign labor contracts to perform support and service work as specified in Clause 1, Article 4 of this Decree if the worker desires. Recruitment, evaluation, planning, appointment, and other matters related to cadre work shall be carried out according to the regulations of the head of the managing agency;

c) Workers engaged in the jobs specified in Clause 1 and Clause 2 of Article 4 of this Decree shall enjoy other benefits as prescribed by labor laws, except where otherwise agreed.

3. Obligations of workers

a) Fulfilling tasks as agreed in the labor contract and other tasks assigned by the competent authority;

b) Adhering to internal rules, regulations, and charters of the agency, organization, or unit;

c) Complying with decisions of the competent management authority.

4. For administrative agencies and public service establishments

a) Concluding contracts within the total number of contracts decided by the competent authority;

b) Paying wages and implementing other regimes and policies for workers as agreed or paying according to service contracts, ensuring compliance with labor laws and other relevant laws.

5. For service providers

a) Meeting the standards and conditions of the field of operation;

b) Ensuring the quality of service provision;

c) Ensuring the legality of certificates of workers meeting the prescribed standards and conditions under specialized laws;

d) Providing services according to the requirements of the service user and as agreed in the contract.

Chapter III
CONTRACTS FOR PERFORMING WORK
SPECIALIZED, PROFESSIONAL

Article 9. Contracts for performing specialized work in public service units

1. Public service units that self-fund regular expenses and investment costs (hereinafter referred to as Group 1 units) and public service units that self-fund regular expenses (hereinafter referred to as Group 2 units) shall enter into labor contracts to perform specialized work at positions held by civil servants based on the unit's demand for human resources.

2. Public service units that partially fund regular expenses (hereinafter referred to as Group 3 units) shall enter into labor contracts to perform specialized work providing public services without using state budget funds to meet the demand for human resources exceeding the staffing norms issued by the sectoral management ministries and agencies. For units that self-fund less than 70% of regular expenses or have not been granted financial autonomy rights, they must report to the competent authority managing public service units for approval before implementation.

3. Public service units fully funded by the State (hereinafter referred to as Group 4 units), except those in the education and healthcare sectors, may enter into labor contracts with a term not exceeding twelve months to perform work at positions corresponding to occupational titles in specific fields and general professional positions to supplement the shortage of human resources compared to the number of staff assigned by the competent authority or to promptly replace civil servants on maternity leave, resignation, or retirement.

4. Group 4 units in the education and healthcare sectors may enter into labor contracts with a term not exceeding twelve months to perform work at positions corresponding to occupational titles in specific fields and general professional positions, but the number of people entering into such contracts shall not exceed 70% of the difference between the number of staff assigned and the staffing norms issued by the Ministry of Education and Training and the Ministry of Health. The number of contracts entered into shall be decided by the People's Council of the province or ministry, agency equivalent to a ministry, agency under the Government, or central-level management agency.

5. Group 3 and Group 4 units that still have the number of staff assigned by the competent authority must implement recruitment for the assigned number.

6. The People's Committee of a centrally-administered city where urban administration organizations are located and where urban administration organization pilot programs are implemented shall base their decision to enter into service contracts with non-public units and organizations to perform specialized work in the education and healthcare sectors within public service units under their jurisdiction on the population size, budget conditions, economic and social characteristics during each period, and the demand for human resources exceeding the staffing norms, ensuring that total regular expenditures from the state budget are not increased according to regulations. For centrally-managed public service units located in the aforementioned localities, decisions shall be made by the ministry, agency equivalent to a ministry, agency under the Government, or central-level management agency.

Article 10. Standards, conditions, rights, and obligations of the parties to conclude contracts for specialized and vocational work

1. Individuals concluding labor contracts for specialized and vocational work must meet all standards and conditions and enjoy the following benefits:

a) Meeting all standards and conditions stipulated in Clause 1, Article 8 of this Decree;

b) Meeting all standards and conditions regarding specialization and vocational qualifications as prescribed by specialized laws;

c) Being responsible for performing specialized and vocational work in accordance with the provisions of the law, the agreement in the contract, and the requirements of public service units;

d) The working time under the labor contract (excluding probationary and trial periods) for individuals signing labor contracts for specialized and vocational work shall be considered as the basis for determining salary according to job position if they are recruited or accepted as civil servants or public officials. The corresponding salary adjustment according to the job position shall be implemented in accordance with the law;

đ) Enjoying benefits and policies as stipulated at point a and point c, Clause 2, Article 8 of this Decree;

2. For public service units:

a) Concluding contracts within the total number of contracts decided by the competent authority;

b) Paying salaries and implementing other benefit and policy systems for employees in accordance with agreements or paying according to service contracts, ensuring compliance with labor laws and other relevant laws;

c) Regularly monitoring and evaluating the specialized and vocational qualifications of employees who sign labor contracts for specialized and vocational work;

d) Being responsible before state management agencies for completing assigned tasks;

đ) In cases where labor contracts are signed with individuals, public service units must increase the level of contributions to the welfare fund in accordance with the law on financial autonomy of public service units to ensure the resolution of benefits and policies in cases of termination of labor contracts;

3. For service providers: Meeting all standards and conditions as stipulated in Clause 5, Article 8 of this Decree.

Article 11. Authority to Sign Contracts for Performing Specialized and Vocational Work

1. For Group 1, Group 2, and Group 3 units self-financing from 70% to less than 100% of recurrent expenses: The head of the unit or the authorized person signs the contract.

2. For Group 3 units self-financing from 10% to less than 70% of recurrent expenses and Group 4 units: The person authorized to sign employment contracts with public officials in accordance with the law on public officials or the authorized person signs the contract.

3. For service contracts: The head of the agency with authority to manage public service units directly signs the contract based on the proposal of the public service unit or delegates the head of the public service unit to sign it. If the People's Committee of the district is the authority, the contract is signed after reporting and obtaining written approval from the People's Committee of the province.

Chapter IV
IMPLEMENTATION RESPONSIBILITY

Article 12. Implementation Funding

The funding for signing contracts as stipulated in this Decree is as follows:

1. For service contracts or labor contracts for supporting and serving work at:

a) Administrative agencies: Funding for the contract comes from the state budget and other revenues (if any); outside the salary fund of the agency or unit;

b) Group 1 and Group 2 units: Funding for the contract is guaranteed from the self-financing funds of the unit in accordance with the law on financial autonomy mechanisms of public service units;

c) Group 3 units: Using revenue from business activities to implement the contract; state budget support (if any), ensuring that total recurrent expenditure from the state budget does not increase in accordance with regulations;

d) Group 4 units: Funding for the contract is allocated within the recurrent expenditure budget in accordance with the law on financial autonomy mechanisms of public service units.

2. For labor contracts for specialized and vocational work at:

a) Group 1 and Group 2 units: Implemented in accordance with point b, Clause 1 of this Article;

b) Group 3 units: Implemented in accordance with point c, Clause 1 of this Article;

c) Group 4 units (except Group 4 units in education and healthcare fields): Implemented in accordance with point d, Clause 1 of this Article;

d) Group 4 units in education and healthcare fields: Funding for the contract for contractual employees decided by the People's Council of the province in accordance with Clause 4, Article 9 of this Decree is allocated from the recurrent expenditure budget of the local government (outside the self-financing budget of the unit). For units under ministries, agencies equivalent to ministries, and central government management agencies, the central government budget ensures funding in accordance with the law on budget decentralization.

3. For service contracts for specialized and vocational work as stipulated in Clause 6, Article 9 of this Decree:

a) Group 1 and Group 2 units: Implemented in accordance with point b, Clause 1 of this Article;

b) Group 3 units: Implemented in accordance with point c, Clause 1 of this Article;

c) Group 4 units: Implemented in accordance with point d, Clause 2 of this Article.

4. For units implementing special financial mechanisms: Wages for contractual employees and other expenses (if any) for contractual employees under special financial mechanisms are approved by the competent authority.

Article 13. Transitional Provisions

1. Individuals currently performing supporting and serving work as stipulated in Clause 1, Article 4 of this Decree, who have not yet transferred to labor contracts in accordance with Government Decree No. 161/2018/ND-CP dated November 29, 2018, amending and supplementing certain provisions on recruitment of civil servants and public officials, promotion of civil servant ranks, upgrading of public official positions, and implementation of contract systems for certain types of work in administrative agencies and public service units (hereinafter referred to as Decree No. 161/2018/ND-CP), and organizations or units that do not sign service contracts, must transfer to labor contracts within 12 months from the effective date of this Decree. Labor contracts signed must ensure legitimate rights and interests regarding wages, social insurance, and other benefits as prescribed by law. In case one of the parties does not have the need, the termination of employment shall be resolved in accordance with the law.

In the case of signing a service contract, the agency, organization, or unit shall require the service-providing unit to prioritize signing a contract with individuals who are currently under contracts pursuant to Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on implementing the regime of certain types of work contracts in administrative state agencies and public institutions (hereinafter referred to as Decree No. 68/2000/NĐ-CP) and Decree No. 161/2018/NĐ-CP, ensuring salary, social insurance, and other benefits that the workers are currently enjoying. If the worker does not wish to continue signing the contract, the termination procedures shall be handled in accordance with the provisions of the law.

In the case where the worker, as provided for in this clause, has less than 24 months until retirement calculated from the date this Decree takes effect, they shall continue performing their duties and enjoying the current benefits without having to sign a labor contract as stipulated in this Decree.

2. Individuals who have previously worked in support and service positions and are entitled to the reduction in establishment policy for civil servants and who switch to signing labor contracts if there is still a need and meet the following conditions:

a) Have previously worked in support and service positions as prescribed in Article 3 of Decree No. 68/2000/NĐ-CP amended and supplemented in Clause 3 of Article 3 of Decree No. 161/2018/NĐ-CP and ceased performing such support and service work before the effective date of this Decree;

b) Are included in the establishment of the agency, organization, or unit and ceased performing the support and service work as prescribed in Clause 2 of Article 4 of this Decree before the effective date of this Decree.

3. Individuals currently engaged in the work specified in Clause 2 of Article 4 of this Decree and who are under contracts pursuant to Decree No. 68/2000/NĐ-CP shall not be required to sign new contracts as stipulated in this Decree. The benefits and policies shall be implemented according to point b, Clause 2 of Article 8 of this Decree.

4. Individuals subject to adjustment as prescribed in Article 3 of Decree No. 68/2000/NĐ-CP amended and supplemented in Clause 3 of Article 3 of Decree No. 161/2018/NĐ-CP, except those working at the Office of the Government who were recruited before the effective date of this Decree, shall implement the provisions of Clause 2 of Article 4 of this Decree, and will no longer be counted in the approved civil servant establishment.

5. Individuals who signed labor contracts for specialized and professional work as prescribed in Resolution No. 102/NQ-CP dated July 3, 2020 of the Government on solutions for education and health sector establishment shall continue performing their work until the end of the contract period and shall be prioritized to sign labor contracts for specialized and professional work as prescribed in this Decree if both parties still have a need.

6. The competent authority managing civil servants shall be responsible for compiling the number of individuals currently performing support and service work as prescribed in Clause 1 and Clause 2 of Article 4 of this Decree. In cases where they are no longer counted in the establishment, they shall report to the competent authority for examination and adjustment of the establishment accordingly.

7. Individuals who were recruited into the establishment before the effective date of Decree No. 25/CP dated May 23, 1993 of the Government and are currently engaged in the work prescribed in Article 4 of this Decree shall not transfer to implement the contract system.

The Ministry of Home Affairs shall take the lead and coordinate with the Ministry of Finance and relevant agencies to guide the implementation of regulations on benefits and policies when issues arise, ensuring the legitimate rights and interests of workers and implementing the policy of reducing the establishment, the number of people receiving salaries from the state budget as prescribed; guiding model service contracts and labor contracts for consistent implementation.

Article 14. Effective Date

1. This Decree takes effect from February 22, 2023.

2. The following documents and regulations shall cease to be effective from the date this Decree takes effect:

a) Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on implementing the regime of certain types of work contracts in administrative state agencies and public institutions;

b) Article 3 of Decree No. 161/2018/NĐ-CP dated November 29, 2018 of the Government on amending and supplementing some provisions on recruitment of civil servants and public officials, promotion of civil servant ranks, promotion of public official grades, and implementation of the regime of certain types of work contracts in administrative state agencies and public institutions;

c) Clause 2 of Article 7 of Decree No. 06/2013/NĐ-CP dated January 9, 2013 of the Government on protecting agencies and enterprises;

d) Resolution No. 102/NQ-CP dated July 3, 2020 of the Government on solutions for education and health sector establishment.

Article 15. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government, and related organizations and individuals are responsible for enforcing this Decree./.