Circular No. 16/2007/TT-BCA guides the use of contractual labor in the People's Public Security force.

CIRCULAR

Guidelines for the use of contractual labor in the People's Public Security Force

Pursuant to the Labor Code dated June 23, 1994; the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 2, 2002; the Law Amending and Supplementing Certain Provisions of the Labor Code dated November 29, 2006; and Decree No. 44/2003/NĐ-CP dated May 9, 2003 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on labor contracts. To be consistent with the requirements of work and combat operations of the People's Public Security Force, the Ministry of Public Security hereby provides guidance as follows:

I. SUBJECTS TO ENTER INTO AND NOT TO ENTER INTO LABOR CONTRACTS

1. Subjects to enter into labor contracts

a) Workers employed in state-owned enterprises and units with income in the People's Public Security Force.

b) Workers performing the following tasks at public security units and localities:

- Repairing and maintaining electrical systems, water supply and drainage systems in offices, vehicles, and other machinery and equipment;

- Cooking, providing food supplies, managing, and performing service tasks in collective dining rooms, rest homes, official residences, and service facilities;

- Guarding means of transportation;

- Cultivating, raising livestock, carpentry, tailoring;

- Cleaning and caring for flower gardens and ornamental plants;

- Nursing and medical support staff in hospitals, infirmaries, rest homes;

- Childcare;

- Driving passenger cars and trucks;

- Security guards at hospitals, infirmaries, rest homes, official residences, cultural, artistic, sports units, and the National Public Security Museum;

- Reporters not working in critical confidential departments; coaches, athletes in sports; proofreaders, printing technicians.

2. Subjects not to enter into labor contracts

a) Officers and non-commissioned officers in specialized positions; officers and non-commissioned officers in technical positions; non-commissioned officers and soldiers serving for a fixed term;

b) Workers performing the tasks listed in point b of Section 1 above, but in critical and confidential departments within the People's Public Security Force (list of critical and confidential departments according to the decision of the Minister of Public Security);

c) Workers performing cleaning, general maintenance, and office service tasks for leaders of the Ministry, General Departments, Bureaus, and provincial-level public security forces directly under the central government;

d) Directors and Chief Accountants of state-owned enterprises within the People's Public Security Force.

II. TYPES OF LABOR CONTRACTS, CONTENT, CONDITIONS, TRIAL PERIODS, AND PROCEDURES FOR ENTERING INTO LABOR CONTRACTS

1. Types of labor contracts

a) Labor contracts must be concluded in one of the following types:

+ Indefinite-term labor contracts apply to jobs that cannot determine the end date or those lasting more than 36 months.

+ Fixed-term labor contracts apply to jobs that can determine the end date within a period from 12 to 36 months.

+ Seasonal or specific job labor contracts lasting less than 12 months apply to jobs that can be completed within less than 12 months or to temporarily replace workers transferred to other jobs due to disciplinary actions, workers temporarily suspended from their duties, workers taking leave for reasons other than retirement, and contracts with retired individuals.

b) When fixed-term labor contracts and seasonal or specific job labor contracts lasting less than 12 months expire and the worker continues to work, both parties must conclude a new labor contract within 30 days from the expiration date of the previous contract. During this period, both parties must adhere to the terms of the previous contract. If a new contract is not concluded within 30 days, the previous contract becomes an indefinite-term labor contract. In cases where a new fixed-term contract is concluded, it can only be extended for up to 36 months; thereafter, if the worker continues to work, an indefinite-term labor contract must be concluded; otherwise, it automatically becomes an indefinite-term labor contract.

c) Seasonal or specific job labor contracts lasting less than 12 months shall not be concluded for regular jobs lasting 12 months or longer, except in cases where workers need to be temporarily replaced due to military service, maternity leave, or other temporary absences.

d) Determining the type of work for concluding indefinite-term labor contracts and seasonal or specific job labor contracts lasting less than 12 months at public security units and localities (excluding enterprises and units with income within the People's Public Security Force).

- The following jobs are eligible for indefinite-term labor contracts:

+ Cooking, providing food supplies, managing, and performing service tasks in collective dining rooms serving cadres, soldiers, and students of public security units and localities, and people's public security schools.

+ Repairing and maintaining electrical systems; water supply and drainage systems in offices, vehicles, and other machinery and equipment; cleaning agencies, caring for flower gardens and ornamental plants; cleaning and general maintenance of office rooms for leaders (excluding police workers assigned to such positions) at public security units and localities, people's public security schools, and hospitals.

+ Guarding means of transportation at public security units and localities, hospitals, infirmaries, rest homes, and official residences.

+ Security guards, receptionists, room attendants, nursing, and medical support staff at hospitals, infirmaries, rest homes, and official residences.

+ Security guards at cultural, artistic, sports, and national public security museum units.

+ Driving passenger cars and trucks.

+ Reporters not working in critical confidential departments, sports-related work, proofreading, printing technicians.

+ Childcare, cultivation, and raising livestock at detention centers, educational facilities, and juvenile correctional schools.

- The following jobs are eligible for seasonal or specific job labor contracts lasting less than 12 months:

+ Cooking for conferences, training sessions, and workshops lasting less than 12 months at people's public security schools and training centers.

||| Cooking, dining room service, and serving at resorts during peak tourist seasons (from May to September annually).

||| 2. Contents of the labor contract agreement

||| The contents that must be clearly recorded in the labor contract agreement include:

||| - Work tasks;

||| - Working hours;

||| - Rest periods;

||| - Wages;

||| - Place of work;

||| - Duration of the contract;

||| - Occupational safety conditions;

||| - Hygiene conditions;

||| - Social insurance;

||| - Commitment to implementation.

||| 3. Conditions for signing a labor contract

||| a) For employers:

||| - State-owned enterprises and revenue-generating public institutions shall calculate the number of workers required based on production and business needs and the level of expertise required for the job, but such calculations must not contravene laws and regulations issued by the Ministry of Public Security regarding labor contracts.

||| - The General Bureau for Building Police Force Strength shall provide criteria for determining the number of contractual workers needed for specific types of jobs, and local police units shall determine the appropriate number of contractual workers based on these criteria.

||| - The heads of local police units shall enter into labor contracts with workers according to the established criteria and report back to the General Bureau for Building Police Force Strength for monitoring.

||| b) For workers:

||| - Must be Vietnamese citizens within the working age as defined by law.

||| - Possess relevant vocational qualifications matching the job requirements.

||| - Have the capability and qualifications to perform the job.

||| - Political standards, health status, and age of workers signing labor contracts in local police units (receiving state budget salaries):

||| + Political standard: Clear background, confirmed by the commune-level government (following the format specified in Circular No. 20 dated September 22, 2003, issued by the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of certain provisions of Government Decree No. 39/2003/NĐ-CP dated April 18, 2003, concerning recruitment of workers). The individual has no criminal record, is not under investigation for criminal responsibility, probation, or community-based education measures, nor is he/she infected with HIV. Parents-in-law or parents, spouse have no serious violations of the law.

||| + Health: Certified fit for work by a general hospital or district-level medical center; free from chronic, terminal, or infectious diseases; does not use drugs or addictive substances.

||| + Age between 18 and 40 years old (based on current workforce availability, local police units may prioritize younger candidates); those who have previously signed short-term contracts or fixed-term contracts under 12 months may be exempted from this age requirement.

||| - Political standards, health status, and age of workers signing labor contracts in enterprises and revenue-generating public institutions: Political and health standards follow the requirements for labor contracts in local police units (receiving state budget salaries), while age requirements comply with applicable laws.

||| 4. Trial work period

||| a) Before entering into a labor contract, the employer and worker may agree on a trial work period:

||| - Not exceeding 60 days for positions requiring a college degree or higher in specialized fields.

||| - Not exceeding 30 days for positions requiring a secondary vocational degree or technical worker qualification.

||| - Not exceeding six days for other types of workers.

||| b) Rights and obligations during the trial period are agreed upon by both parties. The wage during the trial period must be at least 70% of the salary grade for the position.

||| c) Upon completion of the trial period, if the worker meets the requirements, both parties must sign the labor contract. If not, the contract will not be signed, and the reasons must be communicated to the worker. If the worker continues working without notification, they are automatically considered to be employed officially.

||| 5. Procedures for signing a labor contract

||| a) For workers: Prior to signing a labor contract, the worker must submit the following documents to the employer:

||| - A handwritten application for employment.

||| - A personal history form certified by the People's Committee (at the commune level) or workplace, with a photo attached in the size of a national identity card (4x6 cm), stamped and sealed.

||| - If transferring from a state agency, approval from the managing authority and an evaluation of the employee’s qualities, ethics, and professional qualifications must be provided. Graduates from training schools must present their graduation certificates or vocational certificates. Those with previous labor contracts must provide their labor book and social insurance book.

||| - A health certificate issued by a general hospital or district-level medical center.

||| b) For employers:

||| - Guide workers through necessary procedures as stipulated and accept and review submitted documents. If all requirements are met, proceed to sign the labor contract within the authorized scope.

||| - The labor contract must be in writing and made in duplicate. One copy is retained by the worker, and the other by the employer.

||| c) For temporary jobs lasting less than three months, the contract can be concluded verbally. In verbal agreements, both parties must adhere to the provisions of the Labor Law. The labor contract template issued by the Ministry of Labor, Invalids, and Social Affairs can be filled out using ink of any color except red or typed.

||| d) Authority to sign labor contracts:

||| - Enterprises and revenue-generating public institutions: Contracts are signed by the Director or Head of the institution.

||| - Local police units:

Indefinite-term and fixed-term employment contracts (receiving salary from the state budget) for units under the Minister, units under the General Department, and provincial police forces directly signed by the Heads of Departments, Heads of Bureaus, and Directors of Provincial Police Forces with employees.

Seasonal or specific-task employment contracts with a term of less than twelve months shall be directly concluded by the Heads of Units that directly employ such workers.

III. RIGHTS AND OBLIGATIONS OF EMPLOYEES UNDER DIFFERENT TYPES OF EMPLOYMENT CONTRACTS

1. For indefinite-term and fixed-term employment contracts

a) Benefits: Employees shall enjoy all current policies and regulations of the State concerning workers and civil servants, including:

- Working conditions:

+ Working hours and rest periods shall be implemented according to Chapter VII of the Labor Code; Decree No. 195/CP dated December 31, 1994 of the Government detailing and guiding the implementation of certain provisions of the Labor Code regarding working hours and rest periods; Decree No. 109/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain provisions of Decree No. 195/CP dated December 31, 1994 and guidelines of the Ministry of Labor, Invalids and Social Affairs.

+ Safety and hygiene conditions at work shall be implemented according to Chapter IX of the Labor Code; Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code on occupational safety and health; Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government amending and supplementing certain provisions of Decree No. 06/CP dated January 20, 1995 and guidelines of the Ministry of Labor, Invalids and Social Affairs.

- Wages:

+ Implemented according to Chapter VI of the Labor Code; Decree No. 114/2002/NĐ-CP dated December 31, 2002 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on wages and guidelines of the Ministry of Labor, Invalids and Social Affairs.

+ Employment contract employees shall be classified according to wage scales issued by the Government under Decree No. 204/2004/NĐ-CP and Decree No. 205/2004/NĐ-CP dated December 14, 2004 and regulations of the Ministry of Public Security.

- Social insurance: Implemented according to the Law on Social Insurance; Decree No. 152/2006/NĐ-CP dated December 22, 2006 of the Government guiding certain provisions of the Law on Social Insurance regarding mandatory social insurance.

+ The method of implementing social insurance contributions is as follows:

For agencies and units using the state budget to pay salaries and wages to employment contract employees, they shall implement the collection and payment of social insurance contributions as prescribed for public security officers receiving salaries from the state budget.

For enterprises and non-profit organizations not using the state budget to pay salaries and wages to employment contract employees, they shall pay social insurance monthly to the Financial Department, including both the employee's contribution and the employer's contribution (as the employer).

+ The Social Insurance Office of the Ministry of Public Security shall issue Social Insurance Books for employment contract employees who have contributed to social insurance within the People's Public Security Force. The recording of social insurance books for employment contract employees shall be carried out as follows:

For employment contract employees receiving salaries based on state-prescribed wage scales, the wage coefficient according to the contract shall be recorded.

For employment contract employees receiving absolute amounts of wages and salaries (not based on state-prescribed wage scales), the absolute amount of wages and salaries according to the contract shall be recorded.

- Bonuses, corporate welfare, and social welfare according to general national regulations.

- Other benefits as prescribed by law and the Ministry of Public Security. Employment contract employees in public security units and localities (receiving salaries from the state budget) shall enjoy allowances for national defense and security; the level of enjoyment shall be as prescribed by the Ministry of Public Security.

b) Obligations:

Fulfilling the commitments made in the employment contract, strictly adhering to the internal regulations and rules of the unit, and complying with lawful management by the employing agency.

2. For seasonal or specific-task employment contracts with a term of less than twelve months

Wages and remuneration shall be agreed upon by both parties based on the volume and time required to complete the work, but the wage shall not be lower than the national minimum wage as stipulated by the State.

a) For employment contracts with a term of less than three months or piecework contracts, the wages and remuneration of the employee shall include the portion for social insurance for the employee to self-fund social insurance.

b) For employment contracts with a term of three months or more but less than twelve months, the employing agency and the employee shall implement social insurance according to point a, Section 1, Part III of this Circular.

3. For seasonal or specific-task employment contracts with a term of less than twelve months now transitioning to indefinite-term and fixed-term employment contracts

Public security units and localities shall review the current number of employment contract employees (receiving salaries from the state budget). For employment contract employees who have not been signed up with the correct type of employment contract as prescribed, their type of contract shall be determined based on the nature of the work they have been doing for a long or short period, and appropriate contracts shall be signed accordingly. To ensure implementation and avoid disadvantage to employees, for those employees who have worked at the unit or locality and are now transitioning to indefinite-term and fixed-term employment contracts, based on the provisions of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on wage systems for cadres, civil servants, officials, and armed forces personnel and Circular No. 03/2005/TT-BNV dated January 5, 2005 of the Ministry of Home Affairs guiding the implementation of regular and early promotion of wage grades for cadres, civil servants, and officials, the time employees have been contracted shall be applied to determine their wage grade as follows:

a) For cooks at collective dining halls, the application is as follows:

- In cases where the employment contract is new or has a term of four years or less, the wage grade 2, coefficient 1.18 shall be assigned.

- The term of the labor contract from four years to less than six years shall be classified at level 3 with a factor of 1.36.

- The term of the labor contract from six years to less than nine years shall be classified at level 4 with a factor of 1.54.

- The term of the labor contract from nine years to less than twelve years shall be classified at level 5 with a factor of 1.72.

- The term of the labor contract from twelve years to less than fifteen years shall be classified at level 6 with a factor of 1.90.

(In cases where the term of the labor contract exceeds fifteen years, or if there are any unreasonable situations, the local public security units are requested to discuss with the General Department for Building Police Force to study and classify wages appropriately).

b) For workers performing other jobs, the period of time and wage classification will be applied similarly to kitchen workers in collective dining halls to calculate the wage factor according to the prescribed wage scale for that job.

In cases where kitchen work is performed only once a day but regularly and continuously, the local public security unit shall arrange additional tasks to ensure eight hours of work per day and enter into an indefinite-term labor contract as stipulated.

Regarding the recovery of social insurance contributions for individuals who have repeatedly signed seasonal or fixed-term labor contracts under twelve months, the General Department for Building Police Force will provide guidance.

4. Resolution of Labor Disputes

During the implementation of the labor contract, disputes arising concerning the rights and interests of workers shall be resolved in accordance with Chapter XIV of the Labor Code. The head of the agency or unit authorized to sign the labor contract shall represent the employer in participating in dispute resolution when a labor dispute occurs.

IV. LABOR BOOKS

1. Local public security units using contractual workers, state-owned enterprises, and revenue-generating public service units within the police force shall register to purchase labor books and model labor contracts at the provincial Department of Labor, Invalids, and Social Affairs. The organization and issuance of labor books to workers shall be carried out in accordance with the guidelines of the Ministry of Labor, Invalids, and Social Affairs.

2. Labor books must be managed and preserved according to the file management regulations for cadres.

3. The person authorized to sign labor contracts has the right to sign labor books.

V. IMPLEMENTATION PROVISIONS

1. This Circular shall take effect fifteen days from the date of signature and shall replace Circular No. 14/2004/TT-BCA(X13) dated October 15, 2004, issued by the Minister of Public Security on guiding the use of contractual workers in the police force.

2. From the date this Circular takes effect, all jobs listed in this Circular must be contracted, not recruited into the police establishment. Those officers and staff already in the establishment before the issuance of this Circular shall continue until retirement or transfer to another position.

3. Local public security units shall intensify propaganda efforts regarding labor contracts within the police force, both internally and externally, to raise awareness among workers and citizens interested in labor contracts in the police force, thereby creating favorable conditions for the implementation of the labor contract system in the police force to become increasingly effective.

4. Relevant functional units: the General Department for Building Police Force, the General Logistics Department, the Finance Department, and the Police Workers' Union Committee shall strengthen inspection and supervision of labor contract implementation, leveraging the positive role of trade unions, to promptly identify and address violations and issues that are not appropriate, providing timely guidance.

Any unclear issues or difficulties during implementation shall be reported by local public security units, enterprises, etc., to the Ministry (through the General Department for Building Police Force) for adjustment and supplementation to ensure appropriateness.