Circular No. 22/2022/TT-BCA on labor contracts in the People's Public Security

CIRCULAR

Regulations on Contract Labor in the People's Public Security Force

Pursuant to the Labor Code on November 20, 2019;

Pursuant to Decree No. 01/2018/NĐ-CP dated August 6, 2018 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

Pursuant to Decree No. 145/2020/NĐ-CP dated December 14, 2020 of the Government detailing and guiding implementation of certain provisions of the Labor Code on labor conditions and labor relations;

At the proposal of the Director of the Cadre and Civil Servant Management Department;

The Minister of Public Security issues this Circular to regulate contract labor in the People's Public Security Force.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the objects, standards, conditions, procedures for recruiting and using contract labor at units under the Ministry, provincial public security forces, centrally governed cities (hereinafter referred to collectively as unit and local public security forces), enterprises and public service units within the People's Public Security Force; rights and obligations of workers; resolution of labor disputes, handling of disciplinary actions against workers.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

1. Recruiting contract labor is the process whereby the employer conducts research and selects workers who meet the required standards and conditions to enter into their first labor contract.

2. Changing types of labor contracts involves terminating a fixed-term labor contract to enter into an indefinite-term labor contract.

3. Direct user unit is the unit granted authority to manage and utilize workers according to the labor contracts already concluded.

4. Elderly worker refers to a person continuing to work beyond the age specified in Clause 2, Article 169 of the Labor Code.

Article 3. Principles for recruiting and using contract labor

1. Recruitment of contract labor must be open, democratic, transparent, and comply with legal regulations on labor; recruitment must be conducted in accordance with the objects, standards, conditions, procedures, authorities, and types of labor contracts as prescribed in this Circular.

2. Full implementation of all systems and policies for workers as stipulated by law and by the Ministry of Public Security.

Article 4. Plan for recruiting and using contract labor

1. The plan for recruiting and using contract labor receiving state budget salaries at unit and local public security forces shall be implemented in the following sequence:

a) Before October 30 each year, the direct user unit reports its needs for recruiting and using contract labor to the organizational personnel agency of the unit and local public security forces;

b) The organizational personnel agency reviews, seeks opinions from the standing party committee and leadership of the unit and local public security forces before the head of the unit and local public security forces signs the report to the Ministry of Public Security (through the Personnel Organization Bureau) before December 31 each year; For fixed-term labor contracts, the unit and local public security forces base their recruitment on the usage plan approved by the standing party committee and leadership of the unit and local public security forces and the allocated budget, and recruit labor in accordance with Article 15 of this Circular;

c) Based on the needs of the unit and local public security forces, the Director of the Personnel Organization Bureau submits to the Minister for approval the number of indefinite-term contract workers for each unit and local public security force and notifies them to implement. The Director of the Personnel Organization Bureau bases the allocation of specific quotas by position and job for each unit and local public security force on their needs and staffing levels. The implementation period for the quota is twelve months, starting from the date of notification by the Personnel Organization Bureau. After this period, the unit and local public security forces may not recruit contract workers according to the notified quota. In cases where there are objective reasons (requiring extended recruitment time), the unit and local public security forces must communicate and obtain written agreement from the Personnel Organization Bureau before proceeding. The extension period in such cases does not exceed two months and can only be extended once.

d) The head of the unit and local public security forces, based on the number of contract workers approved by the Minister, organizes recruitment or changes the type of labor contract with workers in accordance with the regulations. If the unit and local public security forces have signed labor contracts with workers according to the approved quota but terminate the contracts within the implementation period in accordance with the Labor Code and related implementing regulations, the unit and local public security forces may sign new labor contracts with replacement workers.

2. The contents of the report as stipulated in Point b, Clause 1 of this Article include:

a) Total number of current contract workers, quantity by type of contract (indefinite-term labor contract, fixed-term labor contract), jobs undertaken, and employing units;

b) Number of contract workers reduced during the year (retirement, termination of contract, other reduction sources);

c) Number of changes in types of labor contracts and basis for proposal;

d) Need for increasing indefinite-term contract workers receiving state budget salaries for the next year (if applicable). In this case, the unit and local public security forces must provide detailed analysis of the number of contract workers, jobs undertaken, professional qualifications, placement units, and basis for proposal.

3. The plan for recruiting and using contract labor at enterprises and self-financing public service units (hereinafter referred to as self-financing public service units) is decided proactively by the enterprise director or unit head based on production and business needs. By December 31 each year, they report the results of using contract labor to the Ministry (through the Personnel Organization Bureau) for consolidation and monitoring.

Article 5. Subjects Entering into Labor Contracts

1. The subjects entering into labor contracts within the People's Public Security Force are specified in the Appendix attached to this Circular. For jobs not defined in the Appendix but for which units and local public security forces have a need to use, they shall propose to the Director of the Personnel Department for appraisal, and submit to the Minister of Public Security for approval.

2. The Director of the Personnel Department shall take the lead and coordinate with units and local public security forces to establish standards for using contractual labor receiving state budget salaries for each specific job, and report to the Minister for decision.

Article 6. Subjects Not Entering into Labor Contracts

1. Officers, non-commissioned officers in specialized positions; officers, non-commissioned officers in technical professions; non-commissioned officers, conscript soldiers in the People's Public Security Force.

2. Chairman of the Board of Members, Chairman of the company (for companies without a Board of Members), members of the Board of Members, General Manager (Director), Deputy General Manager (Deputy Director), supervisor, chief accountant, state capital representative at enterprises; Directors, Deputy Directors, chief accountants of company branches, affiliated enterprises; Directors, Deputy Directors, chief accountants of guesthouses, rest houses, official residences, public service units operating on self-financing basis.

3. Police workers engaged in cleaning, general services, conference hall, meeting room, office serving for leaders of the Ministry of Public Security.

Article 7. Standards for Entering into Labor Contracts

1. General Standards

Being a citizen of the Socialist Republic of Vietnam, having a permanent residence address in Vietnam; having good moral character, strictly adhering to the Party's guidelines and policies, state laws; having a clear record and being confirmed by the local police station where they reside.

2. Age

a) For employees receiving state budget salaries: At least 18 years old. Priority is given to signing contracts with employees who meet the conditions regarding social insurance contribution periods to be eligible for retirement pension when reaching the retirement age stipulated by the Labor Code;

b) For employees in enterprises and public service units operating on self-financing basis: Follow the provisions of the Labor Code and current guiding documents.

3. Professional Qualifications

Having the necessary professional qualifications according to the requirements of the employing unit. Do not recruit untrained labor or those without national vocational skill certificates for jobs requiring trained labor or national vocational skill certificates.

4. Health

Having sufficient health to work, as concluded by a medical facility at district level or higher.

5. Political Standards

a) For employees entering into indefinite-term labor contracts or fixed-term labor contracts of 12 months or more receiving state budget salaries:

The individual; their biological father, mother; father-in-law, mother-in-law, husband-in-law, wife-in-law; the person directly raising them from childhood, their spouse, or their spouse’s parents; spouse; full siblings must meet the political standards as prescribed in Article 5 of Circular No. 44/2018/TT-BCA dated December 26, 2018 issued by the Minister of Public Security on political standards for public security officers and soldiers;

b) For employees entering into fixed-term labor contracts under 12 months receiving state budget salaries and employees in enterprises and public service units operating on self-financing basis, the individual must not fall into any of the following situations:

Being subject to administrative measures including community-based education, compulsory educational institution, compulsory drug rehabilitation center, but not exceeding two years since completion of the penalty decision; Currently under investigation, prosecution, or trial by competent authorities as provided by law; Convicted by a court of a serious crime or a less serious crime but not yet rehabilitated; Drug addiction;

c) Employees in indefinite-term or fixed-term labor contracts of 12 months or more receiving state budget salaries must meet the political standards as prescribed in point a of this clause upon marriage;

d) Contractual employees receiving state budget salaries working in key or confidential units in the People's Public Security Force must meet the political standards for public security officers and soldiers.

Article 8. Conditions for signing labor contracts

1. For enterprises and public service units with financial autonomy:

On the basis of production and business requirements, calculate the number of workers and the qualifications required to sign labor contracts with workers, but must not contravene the provisions of this Circular and the laws on labor contracts.

2. For police units and localities, signing labor contracts with workers must meet the following conditions:

a) Correct number of each type of labor contract approved by competent authorities;

b) Workers must meet the standards specified in Article 7 of this Circular and be successful candidates in the recruitment round conducted by the police unit or locality according to Clause 2 and Clause 3, Article 15 of this Circular.

Article 9. Application forms for registering to apply for labor positions

1. The application form for registering to apply for labor positions of workers at enterprises and public service units with financial autonomy within the People's Public Security shall be implemented in accordance with the Labor Code and other laws on labor contracts.

2. The application form for registering to apply for labor positions of workers under state budget salary at police units and localities includes:

a) An application form for registering to apply for labor positions (according to the model issued together with this Circular), confirmed by the police station of the place of residence or the organization where the worker is currently employed;

b) A health certificate confirming the worker's fitness for work issued by a medical facility at district level or higher;

c) Copies of certificates and diplomas regarding educational and technical qualifications issued by authorized agencies or organizations (copies from original books or certified copies or copies presented along with the originals for verification) as required by the job position;

d) Copies of legal documents certifying the worker as belonging to a preferential group (if applicable);

3. Workers who sign fixed-term labor contracts under 12 months receiving state budget salary and workers at enterprises and public service units with financial autonomy must have confirmation from the police station of their place of residence that they do not belong to any of the cases stipulated in Point b, Clause 5, Article 7 of this Circular.

4. Workers who terminate labor contracts under state budget salary at one police unit or locality to apply for labor positions at another police unit or locality still receiving state budget salary, within six months from the date of termination of the labor contract, only need to submit to the new registration place the application form for registering to apply for labor positions and the assessment and evaluation report from the previous police unit or locality. Within thirty days after signing the contract, the police unit or locality using the labor force has the responsibility to contact and accept all relevant documents of the worker from the previous police unit or locality according to regulations.

Chapter II

LABOR CONTRACTS AND RECRUITMENT OF CONTRACTUAL WORKERS

Article 10. Types of labor contracts

1. Indefinite-term labor contract: Is a contract in which both parties do not specify the term or the time when the contract ceases to be effective.

2. Fixed-term labor contract

a) Fixed-term labor contract from twelve to thirty-six months: Is a contract in which both parties specify the term and the time when the contract ceases to be effective within a period of twelve to thirty-six months from the date the contract becomes effective;

b) Fixed-term labor contract under twelve months: Is a contract in which both parties specify the term and the time when the contract ceases to be effective within a period under twelve months from the date the contract becomes effective, applicable to seasonal or specific jobs with a duration under twelve months.

3. When the labor contract prescribed in Clause 2 of this Article expires and the police unit or locality continues to have a need to use the worker, within thirty days from the date the labor contract expires, both parties must sign a new labor contract, specifically as follows:

a) In case the renewed labor contract with the worker is an indefinite-term labor contract receiving state budget salary, the police unit or locality must base it on the quota of contractual workers approved by the Ministry for the year to sign a new labor contract;

b) In case the renewed labor contract with the worker is a fixed-term labor contract receiving state budget salary, the police unit or locality bases it on the plan for using contractual workers approved by the Party Committee Standing Committee and leadership of the police unit or locality and the allocated budget to proactively sign a new labor contract with the worker and can only renew once, thereafter if there is a continued need to use the worker, a new indefinite-term labor contract must be signed according to the quota approved by the Ministry;

c) Regarding the signing of labor contracts with workers at enterprises and public service units with financial autonomy within the People's Public Security, the Director or Head of the Unit bases it on production and business needs to proactively decide according to Article 20 of the Labor Code.

4. In the case of concluding labor contracts with older workers, both parties may sign multiple fixed-term labor contracts under twelve months.

Article 11. Determining work for the conclusion of labor contracts

1. For state budget-funded contractual workers

a) Enter into indefinite-term labor contracts or fixed-term labor contracts from twelve to thirty-six months with workers performing the jobs specified in points a, b, c, d, đ, e, g, h, and i of Section 2 of the Appendix attached hereto;

b) Enter into fixed-term labor contracts under twelve months with workers performing the jobs specified in point c of Section 2 of the Appendix attached hereto and the following jobs:

Cooking meals for conferences, training classes, seminars, and vocational courses for officials and soldiers for less than twelve months; cooking and serving at guesthouses during peak periods when officials and soldiers are on vacation; tour guides on cruise ships for less than twelve months; actors, singers, directors, cameramen, musicians, sound technicians, lighting technicians, scriptwriters, makeup artists, film editors, and advertisers implementing cultural and artistic programs of the People's Public Security for less than twelve months.

2. For contractual workers at enterprises and self-financing public service units, the enterprise director or unit head shall determine based on the completion date of the work.

Article 12. Authority to conclude labor contracts

1. Labor contracts funded by the state budget at local police units shall be directly concluded by the heads of those units with the workers.

2. Labor contracts at enterprises and self-financing public service units shall be directly concluded by the enterprise directors or unit heads with the workers.

Article 13. Contents of labor contracts

1. Labor contracts must include the main contents as prescribed in Clause 1 of Article 21 of the Labor Code.

2. Workers in important and confidential units within the People's Public Security, before concluding a contract with the worker, the employing unit must require the worker to commit in writing (according to the model attached hereto) to confidentiality during their employment period and after the termination of the labor contract; simultaneously, implement appropriate measures and equip the worker with necessary knowledge about protecting state secrets.

3. In cases where detailed provisions or amendments and supplements to certain articles or clauses of the labor contract are required, the employer and employee may establish an appendix to the labor contract according to Article 22 of the Labor Code, but they may not amend the term of the labor contract or the job title and job duties of the contractual worker.

Article 14. Form of labor contracts

1. Labor contracts in the People's Public Security must be concluded in writing and made in two copies, one copy retained by the worker and one copy retained by the employing unit, except as provided in Clause 2 hereof.

2. Enterprises and self-financing public service units and workers may conclude oral labor contracts for contracts with terms under one month, but such contracts must not contravene laws, collective agreements, and social morals.

Article 15. Recruitment Procedures

1. The recruitment procedures for contractual employees at enterprises and public service units with financial autonomy shall be carried out in accordance with current laws on contractual labor.

2. Recruitment procedures for indefinite-term and fixed-term contractual employees from twelve to thirty-six months enjoying state budget salaries at local police units shall be implemented as follows:

a) Notification of Demand

At least seven working days before accepting application forms for recruitment, the local police unit must publicly notify the demand for recruitment through mass media or by posting notices at their offices. The notification content includes job positions, required professional qualifications, number of positions available, type of expected contracts, signing criteria, anticipated salary levels, required documentation, receiving location, and submission deadlines.

In cases where recruitment is for critical or confidential units, the head of the local police unit decides on the form, content, and scope of the notification suitable for the requirements;

b) Acceptance of Application Forms for Recruitment

The direct user unit of contractual employees arranges staff to accept application forms, records them in a logbook detailing information, submission order, and issues a receipt to the applicant. Only applications that meet the demand and have all necessary documents as stipulated will be accepted. Applications not meeting the requirements will not be accepted. The maximum time for accepting applications is fifteen days from the end date of the notification period as specified in point a of this clause;

c) Information Exchange and Professional Examination

After accepting the application forms for recruitment, the direct user unit of employees (if necessary, in coordination with organizational personnel agencies or related units) conducts interviews to understand the aspirations and intentions of the applicants; exchanges information so that the applicants grasp basic information about labor management, living and working conditions at the unit, regulations on protecting state secrets, and other issues directly related to the conclusion of labor contracts; conducts examinations and evaluates professional skills and expertise (for jobs requiring professional qualifications and expertise);

d) Review, Verification, and Conclusion of Employee Background

To be carried out according to the current regulations of the Ministry of Public Security on background checks within the People's Public Security Forces;

đ) Selection of Employees

Not later than fifteen working days from the end of the application acceptance period, the direct user unit of contractual employees compiles interview results, professional examination results, health standards, and political standards of the applicants, reports to the head of the local police unit (through the organizational personnel agency) for approval and selection of employees;

Within seven working days from the date of receiving the application forms and the report of the user unit, the organizational personnel agency of the local police unit reviews and evaluates the interview results, professional examination results, health standards, and political standards of the applicants; based on the number of each type of labor contract approved by the competent authority, determines the list of successful and unsuccessful candidates in the recruitment round, and submits it to the head of the local police unit for approval;

If there are two or more applicants who meet the contract signing standards as prescribed, after considering priority in the order specified in Clause 4 of this Article and still cannot determine the successful candidate, the organizational personnel agency reports to the head of the local police unit to decide on the successful candidate;

e) Notification of Recruitment Results

The organizational personnel agency of the local police unit notifies the direct user unit of contractual employees of the selection results; the user unit of contractual employees is responsible for publicly posting the list of successful and unsuccessful candidates in the recruitment round at the office premises and sending a written notification of the results to the applicants at the addresses they registered;

If an applicant who did not succeed in the recruitment or did not participate in the recruitment requests the return of their application, the user unit must return the application (excluding the Registration Form and Background Check Report) to the applicant within three working days from the date of receipt of the request and reclaim the receipt. The return of the application can only be done within sixty days from the date of notification of the recruitment results;

g) Signing of Labor Contracts

Based on the list of successful candidates, the organizational personnel agency completes the files and reports to the head of the local police unit to sign labor contracts or probationary contracts with the employees within their authority.

3. Recruitment procedures for fixed-term contractual employees under twelve months enjoying state budget salaries:

a) Notification of demand and acceptance of application forms for recruitment as prescribed in points a and b of Clause 2 of this Article;

b) Not later than ten working days from the end of the application acceptance period, the user unit reviews the employee's application if it meets the conditions and standards as prescribed, then reports to the head of the local police unit (through the organizational personnel agency) to sign a contract with the employee within their authority;

4. In cases where many applicants meet the contract signing standards as prescribed in Clause 2 of this Article, priority will be given to signing contracts (in order) for the following cases:

a) Employees who are spouses of officers or soldiers serving in the People's Public Security Forces; spouses of martyrs, war invalids, heroes of the armed forces, or heroes of labor;

b) Employees who are war invalids or disabled veterans meeting the labor health standards as prescribed; children of martyrs, war invalids, heroes of the armed forces, heroes of labor, public security officers, or families with meritorious contributions to the revolution;

c) Employees who have completed their obligation to serve in the People's Public Security Forces or military service;

Article 16. Probation and probation period

1. Probation

a) The employer and employee may agree on the content of probation to be recorded in the labor contract or conclude a probation contract to regulate the probation process;

b) Probation shall not be applied to employees who enter into a labor contract with a term of less than one month.

2. Probation Period The probation period shall be agreed upon by both parties based on the nature and complexity of the work, but probation can only be conducted once for a job and must meet the following conditions:

a) Not exceeding sixty days for jobs requiring vocational titles that require a professional level from college upwards;

b) Not exceeding thirty days for jobs requiring vocational titles that require a technical level from vocational secondary school, specialized secondary school, and equivalent;

c) Not exceeding six working days for other jobs.

3. Wages during the probation period shall be agreed upon by both parties but must be at least eighty-five percent of the wage for that job.

4. Termination of the probation period

a) Upon completion of the probation period, the employer must notify the employee of the results of the probation;

If the probation meets the requirements, the employer shall continue to implement the labor contract already concluded in cases where probation was agreed upon in the labor contract, or must conclude a labor contract in cases where a probation contract was concluded;

If the probation does not meet the requirements, the labor contract already concluded or the probation contract shall be terminated;

b) During the probation period, each party has the right to terminate the probation contract or the labor contract already concluded without prior notice and without compensation.

Article 17. Amendment, Supplement, and Termination of Labor Contracts

1. The amendment and supplement of labor contracts shall be carried out in accordance with the provisions of Article 33 of the Labor Code. In cases where it is necessary to amend and supplement the job title for contractual employees according to the quota approved by the Ministry, the Public Security unit or locality must report to the Ministry (through the Personnel Organization Department); the Director of the Personnel Organization Department shall base the quota of contractual employees' usage according to the regulations and the needs of the Public Security unit or locality to consider and decide.

2. The termination of labor contracts shall be carried out in accordance with the provisions of Articles 34 to 48 of Chapter III of the Labor Code. The authorized person signing the labor contract must negotiate with the employee to terminate the labor contract receiving state budget salary in the following cases:

a) Signing a labor contract with a person who does not meet the standards prescribed in Article 7 of this Circular or does not comply with the job specified in Article 11 of this Circular;

b) Signing a labor contract exceeding the number, not complying with the type of contract according to the approved quota or exceeding the usage quota as stipulated.

3. In cases where it is necessary to terminate the contract with the employee as prescribed in point a and point b of Clause 2 of this Article, the staff member advising, proposing, and the authorized leader signing the contract with the employee will be subject to disciplinary action according to the current regulations of the Ministry of Public Security regarding the discipline of public security personnel.

Article 18. Suspension of Employment Contract Implementation

1. Cases for suspending the implementation of employment contracts include:

a) Employees performing military service, public security service, or self-defense militia service;

b) Employees being temporarily detained or arrested in accordance with criminal procedure laws;

c) Female employees who are pregnant in accordance with Article 138 of the Labor Code;

d) Other cases agreed upon by both parties.

2. During the period of suspension of employment contract implementation, employees shall not be entitled to salary and benefits stipulated in the employment contract, except where both parties have agreed otherwise or where there are other provisions under the law.

Chapter III

RIGHTS AND OBLIGATIONS OF EMPLOYEES; SETTLEMENT OF LABOR DISPUTES, DISCIPLINARY ACTION AGAINST EMPLOYEES
LABOR DISPUTES, DISCIPLINARY ACTION IN LABOR MATTERS

Article 19. Benefits of employees under state budget salary contracts

1. Benefits of employees when signing indefinite-term employment contracts or fixed-term employment contracts from twelve months to thirty-six months

a) Ensured working hours, rest time, safety, and hygiene conditions in accordance with Articles 105 to 116 of Chapter VII and Articles 132 to 134 of Chapter IX of the Labor Code;

In cases where the work assigned to the employee requires continuous performance but the daily working time is less than eight hours, the unit's or local police force shall agree and arrange for the employee to take on additional tasks as set out in the Appendix attached hereto to ensure a full eight-hour workday as prescribed by law;

b) Salary implemented in accordance with the Government's regulations on salary systems for civil servants, public officials, and armed forces personnel, and the regulations of the Ministry of Public Security. The classification of salaries for employees is based on approved manpower quotas, educational qualifications, and contracted work. For employees whose educational qualifications match the contracted work, they will be classified according to their educational qualifications; if the qualifications do not match the contracted work, they will be classified according to the contracted work;

Employees who have previously worked under employment contracts at units' or local police forces or in other sectors shall be classified according to the provisions of Clause 3 of this Article;

c) Social insurance; health insurance; unemployment insurance; occupational accident and disease insurance implemented in accordance with the law and the regulations of the Ministry of Public Security;

d) Entitled to allowances as prescribed by the Government and the Ministry of Public Security;

đ) Provided training and upgrading to improve skills and expertise in accordance with the regulations of the Ministry of Public Security;

e) Termination allowance and job loss allowance implemented in accordance with the Labor Code and guiding documents issued by the Government and the Ministry of Public Security;

g) Have the right to unilaterally terminate the employment contract in accordance with Article 35 of the Labor Code;

h) Other benefits implemented in accordance with the law and the regulations of the Ministry of Public Security.

2. Benefits of employees when signing fixed-term employment contracts under twelve months

a) Entitled to benefits as prescribed in points a, c, d, g, and h of Clause 1 of this Article;

b) Salary and wages are determined by the Ministry of Public Security. If the Ministry of Public Security has not made such regulations, both parties may agree based on the workload and completion time of the work, but it must not be lower than the minimum wage prescribed by the Government;

c) For older employees receiving pension, the salary shall be agreed upon by both parties based on the workload and completion time of the work to propose an absolute amount of payment to the employee, without ranking according to the national salary scale.

3. For employees signed by units' or local police forces for indefinite-term employment contracts or fixed-term employment contracts from twelve months to thirty-six months, if they had previously worked under employment contracts at units' or local police forces or in other sectors, they shall be classified as follows:

a) Employees terminating their employment contracts with the current units' or local police forces (in accordance with the Labor Code and its implementing regulations) to sign new contracts with other units' or local police forces shall be classified according to the new work. If the new work is similar to the previous work, they shall be classified according to the previous salary grade. If the new work is different from the previous work or the previous salary classification does not match, they shall be reclassified into the corresponding salary grade according to the new work;

b) Employees with fixed-term employment contracts under twelve months at units' or local police forces or employees with employment contracts in other sectors and participating in social insurance shall be classified according to the work and employment contract duration as follows:

- Less than three years, classified at Grade 1;

- Three to less than six years, classified at Grade 2;

- Six to less than nine years, classified at Grade 3;

- Nine to less than twelve years, classified at Grade 4;

- Twelve to less than fifteen years, classified at Grade 5;

- Fifteen years or more, the units' or local police forces shall report to the Ministry (through the Personnel Organization Department) for appropriate classification;

c) For employees with employment contracts but not participating in social insurance or not classified according to the national salary scale or those with inappropriate salary classification or transfer processes, the units' or local police forces shall consult and agree with the Personnel Organization Department to determine the salary grade before signing the employment contract within their authority.

Article 20. Benefits of employees under labor contracts at enterprises and public service units with financial autonomy

The benefits of employees at enterprises and public service units with financial autonomy shall be implemented in accordance with the provisions of the Labor Law.

Article 21. Obligations of employees

1. Fulfill the labor contract concluded and any commitments to protect state secrets (if applicable).

2. Adhere to labor discipline, internal regulations, and rules of the unit, and follow lawful management by the employer.

3. Implement the provisions of the law on social insurance and the law on health insurance.

Article 22. Resolution of labor disputes

In the process of implementing labor contracts, if disputes arise concerning the rights and interests of employees, they shall be resolved according to the provisions from Article 179 to Article 211 of Chapter XIV of the Labor Code. The head of the unit authorized to conclude labor contracts shall represent the employing unit in resolving disputes when labor disputes occur.

Article 23. Establishment, updating, management, and use of employee management records

1. The establishment, updating, management, and use of employee management records shall be carried out in accordance with Decree No. 145/2020/NĐ-CP dated December 14, 2020, of the Government detailing and guiding the implementation of certain provisions of the Labor Code regarding working conditions and labor relations.

2. Employee management records shall be preserved according to the file management system for cadres.

Article 24. Labor discipline and material responsibility

1. Labor regulations

Employers must issue labor regulations; if they employ ten or more workers, the labor regulations must be in writing; if they employ fewer than ten workers, it is not mandatory to issue written labor regulations but they must agree on the content regarding labor discipline and material responsibility in the labor contract. The content of the labor regulations shall be implemented in accordance with Clause 2 of Article 69 of Decree No. 145/2020/NĐ-CP dated December 14, 2020, of the Government detailing and guiding the implementation of certain provisions of the Labor Code regarding working conditions and labor relations.

2. Handling of labor discipline violations

The authority to handle labor discipline violations is the person authorized to conclude labor contracts as stipulated in Article 12 of this Circular; if an employee fails to fulfill their obligations and responsibilities as agreed in the contract, violates labor regulations, depending on the nature and severity of the violation, they may have their labor contract terminated or be subject to disciplinary action as provided for in Articles 122 to 131 of Chapter VIII of the Labor Code and in Articles 70 to 73 of Decree No. 145/2020/NĐ-CP dated December 14, 2020, of the Government detailing and guiding the implementation of certain provisions of the Labor Code regarding working conditions and labor relations.

Chapter IV

IMPLEMENTATION

Article 25. Effective Date

1. This Circular takes effect from July 1, 2022. Circular No. 68/2019/TT-BCA dated December 4, 2019, of the Ministry of Public Security on labor contracts in the People's Public Security shall cease to be effective from the date this Circular takes effect.

2. From the date this Circular takes effect, labor contracts concluded in accordance with previous regulations of the Ministry of Public Security on labor contracts in the People's Public Security shall continue to be implemented. Where both parties agree to amend or supplement the contract to comply with this Circular, the local public security units shall organize the signing of new labor contracts.

3. Where the legal normative documents referred to for application in this Circular are amended, supplemented, or replaced, they shall be applied according to the amended, supplemented, or replaced documents.

Article 26. Responsibility for Implementation

1. Heads of local public security units, directors of enterprises, and heads of public service units within the People's Public Security are responsible for implementing this Circular.

2. The Director of the Cadre Organization Department shall guide and inspect the implementation of this Circular and standardize forms and reports for managing and using labor contracts in the People's Public Security. During the implementation, if there are difficulties or obstacles, local public security units are requested to report to the Ministry of Public Security (through the Cadre Organization Department) for guidance and resolution.

During the implementation, if there are difficulties or obstacles, local public security units are requested to report to the Ministry of Public Security (through the Cadre Organization Department) for guidance and resolution./.