Decree No. 68/2000/ND-CP On Implementing Contractual Systems for Certain Types of Work in Administrative State Agencies and Public Service Units

DECREE OF THE GOVERNMENT

On implementing the contract system for certain types of work certain types of work

in administrative state agencies, public service units

 ^{___________________}

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

At the proposal of the Minister, Head of the Civil Service Organization Board - Government, 

DECREE:

Article 1. Implementing the contract system for the following types of work in administrative state agencies and public service units:

1. Repair and maintenance of electrical supply systems, water supply and drainage systems at offices, automobiles, and other machines and equipment currently in use within agencies and public service units;

2. Driving;

3. Security;

4. Cleaning;

5. Guarding means of transportation for officials, civil servants, and visitors to agencies and public service units;

6. Other work.

Article 2. Administrative state agencies and public service units referred to in this Decree include:

1. Central-level administrative state agencies, provincial-level administrative state agencies, district-level administrative state agencies, town-level administrative state agencies, and city-level administrative state agencies under provinces;

2. Agencies representing the Socialist Republic of Vietnam abroad;

3. Public service units operating with funds provided by the state budget.

Article 3. The contract system shall not be implemented for security personnel working in the Office of the Government, State Bank, State Treasury, Stamp Storage Tax Warehouse, and Stamp Storage Customs Warehouse; drivers for positions specified in Article 5 and Article 6 of Decision No. 122/1999/QĐ-TTg dated May 10, 1999 of the Prime Minister; and drivers transporting money for the State Bank and State Treasury.

Article 4.

1. Individuals who were recruited into the establishment before the effective date of Government Decree No. 25/CP dated May 23, 1993 shall not be transferred to implement the contract system if they are performing the work specified in Article 1 of this Decree.

2. Individuals who have been recruited to perform the work specified in Article 1 of this Decree since the effective date of Government Decree No. 25/CP dated May 23, 1993 shall be transferred to implement the contract system according to this Decree (except for cases stipulated in Article 3 of this Decree).

Article 5.

1. The work specified in Article 1 of this Decree shall be carried out through contracts signed between administrative state agencies and public service units and individuals directly performing the work, or individuals and organizations providing services in the forms of asset lease contracts, service contracts, labor contracts, economic contracts, and other types of contracts as prescribed by law.

2. Contracts shall not be signed for the work specified in Article 1 of this Decree when those in the establishment are capable of performing the work.

Article 6.

1. Conditions for the party signing a contract with administrative state agencies and public service units:

a) Individual:

Must have good health as confirmed by a health authority at the district level or higher;

Have a clear record;

Possess the ability and qualifications to complete the work;

Not be in a period of being pursued for criminal responsibility, serving a prison sentence, undergoing corrective education without detention, probationary criminal supervision, administrative supervision, undergoing community-based educational measures, or being admitted to treatment facilities, educational institutions, or during periods of prohibition from holding office, practicing a profession, or engaging in specific work related to the contracted work.

b) Individuals and organizations providing services must have the capacity to perform the work specified in Article 1 of this Decree and meet the conditions for business operations as prescribed by law.

2. Conditions for administrative state agencies and public service units signing contracts:

a) There must be a need for the work specified in Article 1 of this Decree;

b) Contract signing shall be conducted by the head of the administrative agency or public service unit authorized to do so or delegated in writing to the person responsible for organizational and personnel affairs or the person responsible for office affairs.

Article 7. The funding for implementing contracts for the work specified in Article 1 of this Decree shall be guaranteed by the state budget and allocated in the annual state budget estimate.

The issuance, use, and settlement of the funding source shall be regulated by the Ministry of Finance.

Article 8. Other agencies and organizations using funds provided by the state budget shall decide on the application of the provisions of this Decree within their own agencies and organizations.

Article 9. The Civil Service Organization Board of the Government shall coordinate with relevant ministries and sectors to be responsible for guiding the implementation of this Decree.

Article 10. This Decree shall take effect fifteen days from the date of signature.

Article 11. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, and Chairpersons of provincial and centrally-administered city People's Committees shall be responsible for implementing this Decree.