Regarding the performance contracts in public service units

 

DECREE

On Contracts for Performing Tasks in Public Service Units

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Pursuant to the Civil Code No. 91/2015/QH13;

Pursuant to the Labor Code No. 45/2019/QH14, amended and supplemented by the Law on Digital Industry No. 71/2025/QH15;

Pursuant to the Law on Public Servants No. 129/2025/QH15;

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

The Government issues this Decree on contracts for performing tasks in public service units.

Article 1. Scope of Regulation

This Decree stipulates labor contracts and service contracts for performing tasks in public service units.

Article 2. Applicability

1. Public service units are established by competent authorities in accordance with the provisions of the law.

2. Agencies, organizations, and individuals related to the signing and implementation of labor contracts and service contracts with public service units.

Article 3. Principles of Implementation

1. Ensuring compliance with the Party's guidelines, state laws, not contravening international treaties to which Vietnam is a party, not affecting the functions, tasks, and normal operations of public service units; adhering to regulations on protecting state secrets.

2. Promoting mechanisms to ensure autonomy and self-responsibility of public service units; promoting socialization, ensuring resources to fulfill basic and essential public service provision tasks; establishing flexible mechanisms to attract and utilize high-quality experts and human resources from the private sector to the public sector.

3. Persons working under labor contracts prescribed in this Decree are not included in the civil servant establishment receiving state budget salaries and the civil servant establishment receiving approved revenue from public services.

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 independently decide the total number of employees in their units (including the number of civil servant establishments and the number of contractual workers), ensuring that the total number of employees is equal to or greater than the minimum number of employees as prescribed by specialized laws (if applicable).

Public service units that partially self-fund regular expenses and public service units fully funded by the state for regular expenses have the responsibility to review and implement the recruitment of civil servants according to the assigned civil servant establishments; they shall not use the contractual form prescribed in this Decree to replace civil servant recruitment.

4. Conditions and policies for contractual workers shall be implemented according to agreements in the contracts, consistent with legal provisions and the financial capacity of public service units.

5. Individuals signing contracts for performing managerial positions do not need to meet age requirements, planning positions, theoretical political education levels as stipulated in the criteria and conditions for appointment to corresponding managerial positions. The selection of individuals signing contracts for performing managerial positions must be carried out through a Project approved by the management agency of the public service unit. The Project must clearly define the basis, necessity, objectives, subjects, content of work; product results, implementation time; selection conditions, standards, criteria; organizational implementation methods; funding sources, budget estimates, payment methods, and other necessary conditions (if any).

6. In cases where laws on education, science and technology, or other specialized laws provide different regulations on signing contracts to perform tasks in public service units, such regulations shall be followed.

Article 4. Types of work to be performed under contract signing

1. Work included in the list of job positions for civil servants, including:

a) Work performing management position tasks;

b) Work performing specialized and technical position tasks;

c) Work performing support position tasks.

2. Work serving the operation of public non-business units not included in the list of job positions for civil servants, including:

a) Driving, security;

b) Receptionist, service; janitorial services; vehicle parking; maintenance, repair, and operation of premises, equipment, and machinery serving unit activities;

c) Other service work decided by the head of the public non-business unit.

Article 5. Subjects of contract signing

1. For work at management position jobs:

a) Experts, business managers, outstanding entrepreneurs excelling in relevant fields corresponding to the tasks;

b) Excellent lawyers, scientists with deep expertise in relevant fields corresponding to the tasks;

c) Individuals with high professional qualifications in strategic and key sectors corresponding to the development of public non-business units.

2. For work at specialized and technical position jobs and support position jobs:

a) Signing contracts with subjects specified in Clause 1 of this Article to perform specialized and technical position tasks;

b) Individuals with experience and expertise in specialized and technical fields who have directly implemented similar specific tasks;

c) Individuals meeting the criteria and conditions required for specialized and technical position jobs or support position jobs;

d) Legal entities and individuals meeting the criteria and conditions for providing services.

3. For work serving the operation of public non-business units not included in the list of job positions for civil servants:

a) Individuals meeting the criteria and conditions required for service work;

b) Legal entities and individuals meeting the criteria and conditions for providing services.

Article 6. Number of Contracts Signed

1. For contracts stipulated in point a, Clause 1 of Article 4 of this Decree: The competent authority shall sign contracts based on needs to consider and decide.

2. For contracts stipulated in points b and c, Clause 1 of Article 4 of this Decree:

a) Units in Group 1 and Group 2 have the right to decide the number of contracts signed according to their human resource needs;

b) Public non-business units self-financing 70% or more of regular expenses (hereinafter referred to as Group 3 units self-financing 70% or more) have the right to decide the number of contracts signed to meet human resource needs without increasing total regular expenses from the state budget as prescribed;

c) Civil servant management agencies decide the number of contracts signed in public non-business units partially self-financing less than 70% of regular expenses (hereinafter referred to as Group 3 units self-financing less than 70%) to supplement staff shortages compared to staffing standards issued by authorized agencies. In cases where there are no regulations on staffing standards, decisions will be made based on actual needs at each stage;

d) Public non-business units partially self-financing regular expenses (including Group 3 units self-financing 70% or more and Group 3 units self-financing less than 70%), public non-business units fully financed by the state (hereinafter referred to as Group 4 units) may sign labor contracts with terms less than 12 months to supplement staff shortages compared to the number of civil servant positions assigned by authorized authorities to replace those on maternity leave, resignation, retirement, or in cases where civil servants have not been recruited;

đ) In addition to the number of contracts signed as stipulated in point d of this clause, Group 4 units in education and healthcare sectors may sign labor contracts not exceeding 70% of the difference between the number of assigned civil servant positions and the staffing standards issued by the Ministry of Education and Training and the Ministry of Health. The number of contracts signed shall be decided by the People's Committee of the province or ministry, agency equivalent to a ministry, or central-level management agency. If the decision is made by the People's Committee of the province, it must report to the People's Council at the nearest session.

3. For contracts stipulated in Clause 2 of Article 4 of this Decree:

Public non-business units decide to sign service contracts with organizations to perform work stipulated in Clause 2 of Article 4 of this Decree.

In case there is no organization providing services that meet requirements or there is but cannot reach agreement on the content, then sign service contracts or labor contracts with individuals; the number of contractual workers is decided by the public non-business unit based on ensuring compatibility with the organizational scale of the unit.

Article 7. Authority to Enter into Contracts

1. For management positions

a) The competent authority that appoints shall decide on entering into contracts to perform the duties of the management position, which is the head of a public service entity; or decide on entering into contracts or delegate authority to the head of a public service entity to enter into contracts to perform the duties of deputy positions of the head of a public service entity;

b) The head of a public service entity shall decide on entering into contracts to perform the duties of the head position and deputy positions of heads of units under the public service entity.

2. For professional and technical positions and support positions, the head of a public service entity shall decide on entering into contracts.

3. For work serving the activities of a public service entity not included in the List of Civil Servant Positions, the head of a public service entity shall decide on entering into contracts or delegate authority to the heads of units under the public service entity to enter into contracts.

Article 8. Form of Contract, Type of Contract, and Duration of Contract

1. The works specified in Article 4 of this Decree shall be entered into by written contract; in cases where contracts are concluded through electronic means, they shall be carried out in accordance with the provisions of the law.

2. Types of contracts to be concluded and priority given to concluding contracts:

a) For the work specified in point a, Clause 1, Article 4 of this Decree: Labor contracts shall be concluded;

b) For the work specified in point b, Clause 1, Article 4 of this Decree: Service contracts or labor contracts appropriate to the nature and specific professional requirements of the work shall be concluded;

c) For the work specified in point c, Clause 1, Article 4 of this Decree: Service contracts or labor contracts shall be concluded, with priority given to service contracts;

d) For the work specified in Clause 2, Article 4 of this Decree: Service contracts with organizations shall be concluded.

In cases where there is no organization providing services that meet the requirements or there is an organization providing services but the terms cannot be agreed upon, individual service contracts or labor contracts shall be concluded.

3. Form and duration of contracts:

a) The duration of the contract must be based on the nature of the tasks (ad hoc, annual plan, long-term or short-term), human resource needs, financial conditions for implementing the tasks, and the ability to meet the requirements of the tasks;

b) The form and duration of service contracts shall be implemented in accordance with the provisions of civil law;

c) The form and duration of labor contracts shall be implemented in accordance with the provisions of labor law.

4. For certain fields of cultural, artistic, sports activities, and other special fields requiring employees under the age of 18, the conclusion of labor contracts shall be carried out in accordance with the provisions of labor law regarding the conclusion of labor contracts with minor workers.

5. Apart from the contents stipulated in this Decree, other contents in service contracts and labor contracts shall be applied in accordance with the corresponding provisions of civil law, labor law, and other relevant laws.

Article 9. Cases where contracts shall not be signed

1. Contracts shall not be signed for the following cases:

a) Persons who are currently serving as civil servants, public officials, or working in the armed forces, or personnel engaged in confidential work; persons who have retired or left their jobs but are still subject to restrictions on signing contracts as provided by law;

b) Persons prohibited from practicing their profession according to laws governing specific industries or fields; persons with conflicts of interest as defined by anti-corruption laws;

c) Persons who do not meet the standards and conditions required to provide services under specialized laws;

d) Persons during the period of being investigated for criminal responsibility; those who are serving or have completed serving a criminal sentence or decision of the Court without having their criminal record expunged; those undergoing administrative sanctions at compulsory drug rehabilitation centers or compulsory educational centers; persons who have lost their capacity to act, are restricted in their civil capacity, or are prohibited from performing tasks related to contract signing;

đ) Persons who have familial relationships such as spouses, biological parents, adoptive parents, biological children, adopted children, full siblings, maternal or paternal aunts, uncles, cousins, siblings-in-law, or spouses of siblings-in-law with the person authorized to sign the contract;

2. Contracts shall not be signed to perform tasks related to national security or state secrets as prescribed by law.

Article 10. Standards and Conditions for Parties Signing Contracts

1. For agencies and units signing contracts: There is a need to implement strategic or key tasks, or to use high-quality human resources to manage, operate, and develop public service units or perform professional and support positions within public service units for a certain period of time.

2. For individuals eligible to sign contracts:

a) Possessing relevant expertise suitable for the job; having a clear background; being in good health to work; possessing the necessary qualifications, practical experience, and meeting the conditions to sign contracts and participate in the work of the unit as stipulated by law;

b) Meeting other standards and conditions as prescribed by specialized laws and by the competent authority signing the contract (if applicable);

c) Not falling into the categories of persons prohibited from signing contracts as specified in Clause 1, Article 9 of this Decree.

3. For organizations and units (legal entities) providing services:

a) Having complete legal status, professional capabilities, staff, and necessary conditions as required by the unit and the contract;

b) Meeting all standards and conditions of the field of operation;

c) Other standards and conditions agreed upon.

Article 11. Rights and Obligations of Parties Signing Contracts

1. For agencies and units signing contracts:

a) Determining the content, requirements, and output standards of the contract and organizing its implementation, supervision, and inspection;

b) Owning, managing, exploiting, and using the results and products created from the contract in accordance with the law and the agreed terms;

c) Ensuring adequate funding for the contract's implementation in compliance with the law; implementing budget estimates, payments, final settlements, and expenditure controls in accordance with current laws;

d) Ensuring that information and documents provided to individuals and organizations signing the contract are kept confidential and used for their intended purposes;

đ) Unilaterally terminating the contract in accordance with the law;

e) Requesting the party signing the contract to compensate for damages in case of breach of contract as prescribed by law;

g) Implementing labor contract evaluations in accordance with labor laws, internal regulations, and rules of the agency or unit;

h) The head of the agency or unit is personally responsible for signing the contract in compliance with this Decree and other relevant regulations.

2. For individuals signing contracts:

a) Fully and timely performing the agreed-upon professional and technical tasks in the contract, ensuring quality; bearing legal and organizational responsibility for the results achieved;

b) Being allowed to use information, documents, and equipment of the unit to serve assigned tasks; strictly prohibiting misuse, disclosure, loss, unauthorized copying, or transfer of confidential documents, assets, or products;

c) Being guaranteed the conditions to perform tasks as stipulated in the contract;

d) Being paid wages, bonuses, remuneration, and leasehold benefits corresponding to the results and products agreed upon in the contract and in accordance with the law;

Wages in the contract may be applied in one of two forms: applying wage levels agreed upon in compliance with labor laws or applying the salary scale of civil servants appropriate to the financial capacity of the public service unit. If the agreement applies the salary scale of civil servants, the application of allowances (if any), salary increment systems, and other policies related to wages will be carried out according to the agreement;

đ) Being guaranteed working conditions in accordance with the law, the provisions of the agency or unit, and the terms of the contract; being able to access professional documents and necessary information for work as stipulated by the agency, organization, or unit;

e) The working time under the labor contract as prescribed in this Decree serves as the basis for determining the salary level based on the position if recruited or accepted as a civil servant;

g) Being responsible for compensating for damages if there is a breach of contract obligations and for damages outside the contract if actions cause damage to the agency, organization, unit, or third parties as prescribed by law;

h) Adhering to laws regarding the protection of state secrets, internal regulations, professional rules of the agency or unit.

3. For organizations and units providing services:

a) Organizing the full implementation of the content, volume, quality, and progress of work as stipulated in the signed contract;

b) Being responsible for ensuring the legitimate rights of workers in their own organization; complying with safety, security, and confidentiality regulations throughout the contract execution process;

c) Commit to maintaining absolute confidentiality of information, documents, data, and products handed over or created during the performance of the contract, and not to misuse them or transfer them illegally;

d) Shall be responsible for compensating damages if they breach their contractual obligations, and shall also be liable for compensating extra-contractual damages if their actions cause harm to agencies, organizations, units, or third parties as stipulated by law.

Article 12. Contract Execution Process

1. Public service units shall execute the signing of contracts according to the following procedures, except in cases provided for in Clause 2 of this Article:

a) Announce invitations to sign contracts or announce recruitment of contractual labor through one of the following methods:

Posting on the unit's electronic portal or other mass media;

Sending directly the invitation letter to sign the contract to organizations or individuals who have been selected.

b) The announcement shall include the following main contents:

Information about the tasks to be performed and the type of contract;

Conditions and standards for the contracting party;

Time and place for signing the contract;

Deadline for submitting applications, contact information for guidance, clarification, and receipt of applications (if applicable);

Other related contents.

c) Compile a list of organizations and individuals who have registered;

d) Examine and decide on the signing of the contract within the scope of authority.

In cases where multiple organizations or individuals meet the requirements, the head of the agency, organization, or unit with the authority shall establish a Consultative Board to advise on selection before making a decision to sign the contract. The composition of the Consultative Board and the selection method shall be carried out according to the decision of the agency, organization, or unit with the authority, ensuring compliance with relevant laws. The Consultative Board is responsible for compiling all opinions to report to the agency, organization, or unit with the authority to sign the contract for examination and decision-making. The Consultative Board will automatically dissolve upon completion of its mission.

2. In cases where there is an urgent need to immediately fulfill the task requirements, it is not necessary to follow the procedure specified in Clause 1 of this Article. The agency or department assisting in organizational cadre matters shall provide advice to the competent authority to execute the signing of the contract, ensuring transparency, fairness, and compliance with relevant laws.

Article 13. Implementation funds

1. Units in Group 1 and Group 2: The funds for implementing the contract shall be guaranteed from the self-funded budget of the unit in accordance with the law on the mechanism of autonomy for public service units.

2. Units in Group 3 (including Group 3 units with at least 70% autonomy and Group 3 units with less than 70% autonomy): The funds for implementing the contract shall be sourced from revenue from business activities, state budget support for financial autonomy mechanisms (if any), ensuring that total regular expenditure and regular expenditure support from the state budget does not increase as prescribed.

3. Units in Group 4, excluding those in the education and healthcare sectors: The funds for implementing the contract shall be sourced from regular expenditure funds in accordance with the law on the financial autonomy mechanism for public service units.

4. Units in Group 4 in the education and healthcare sectors: The funds for implementing the contract shall be decided by the People's Council of the province, allocated from regular expenditure funds of the local budget (outside the self-autonomy budget of the unit). For units under ministries, ministerial-level agencies, and central management agencies, the central budget shall ensure funding according to the law on budget decentralization.

5. Units implementing special financial mechanisms: Wages for contractual labor and other expenses (if any) for contractual labor under special financial mechanisms shall be approved by the competent authority.

Article 14. Transitional Provisions and Application

1. The parties to labor contracts, service contracts for performing support service work and specialized professional work in public service units before this Decree takes effect shall continue to implement the signed contracts until their expiration date without having to sign new contracts in accordance with this Decree; they shall be given priority to sign contracts under this Decree if both parties still have needs.

2. For labor contracts or service contracts that were signed in compliance with the laws at the time of signing, the parties shall continue to fully perform their rights and obligations under the contracts unless otherwise agreed.

3. The Minister of National Defense and the Minister of Public Security shall decide on the application of the provisions of this Decree in public service units under their management.

4. The Vietnam Social Security, scientific and technological organizations, and other organizations assigned the cadre quota in accordance with the law shall decide on the application of the provisions of this Decree in units under their management.

5. Public service units under associations assigned tasks by the Party and State, public service units under public service units, and public service units under state-owned enterprises shall decide on the application of the provisions of this Decree.

Article 15. Responsibility for Implementation

1. Ministries, sectors, central agencies, People's Committees of provinces and centrally-run cities shall be responsible for:

a) Implementing according to the provisions of this Decree within the scope of their functions, tasks, and authorities granted; decentralizing and delegating implementation of powers in accordance with the law;

b) Issuing mechanisms and policies or mobilizing other legitimate resources (if any) in accordance with the law to implement preferential policies for organizations and individuals signing contracts to perform work in public service units;

c) Directing public service units specified in points c and d, Clause 2, Article 6 of this Decree to report the demand for the number of contracts (outside the cadre quota) for consolidation and consideration for decision-making.

2. The Ministry of Finance shall be responsible for:

a) Guiding the source of funds to sign contracts stipulated in Clause 1; points a, b, c, and d, Clause 2, and Clause 3, Article 6 of this Decree from the revenue of public service activities, state budget support funds to implement the financial autonomy mechanism as prescribed (if any) (outside the cadre salary fund);

b) Guiding the source of funds to sign contracts stipulated in point d, Clause 2, Article 6 of this Decree from the state budget (outside the cadre salary fund);

c) Guiding the preparation of budgets, management, use, settlement of funds, and other related financial matters to implement contract signing in accordance with this Decree.

3. The Ministry of Home Affairs shall be responsible for guiding, monitoring, and inspecting the organization and implementation of this Decree.

4. Public Service Units:

a) Develop the Plan for Signing Contracts to Perform Management Positions' Work to be submitted to the managing agency of the public service unit for decision based on the unit's needs;

b) Public service units shall proactively implement contract signing with organizations and individuals to perform work within the public service unit within the number of contracts decided by the competent authority, ensuring compliance with the provisions of this Decree.

Article 16. Effective Date

1. This Decree shall take effect from July 1, 2026.

2. The relevant provisions on contracts for performing support service work and specialized professional work in public service units stipulated in Decree No. 111/2022/NĐ-CP dated December 30, 2022 of the Government regarding contracts for certain types of work in administrative agencies and public service units shall cease to be effective from the date this Decree takes effect.

Article 17. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Chairmen of People's Committees of provinces and centrally-run cities, and other related agencies, organizations, and individuals shall be responsible for implementing this Decree.