In which, the rights and obligations of the parties when signing a contract to perform the duties of civil servants are based on Article 10, Decree 173/2025/ND-CP.
Article 10. Rights and obligations of the parties signing the contract
1. For agencies, organizations, and units signing contracts:
a) Develop a contract signing plan in accordance with task requirements and resource capabilities, clearly defining sectors, fields, subjects, work content, product results, implementation time, funding sources, budget estimates, payment methods and other necessary conditions (if any);
b) Decide on the content, requirements for tasks, standards for output results of the contract and organize implementation, supervision, and implementation inspection;
c) Own, manage, exploit and use the results and products created from the contract in accordance with the provisions of law and the agreed contents;
d) Having the right to request individuals and organizations to sign contracts to provide progress reports and explain work results during implementation. Regularly monitor and evaluate the expertise, profession, and tasks of the person or organization signing the contract;
d) Publicly on the electronic information portal or other mass media of the agency, organization, unit (if any) where the subject signed the contract, the work agreed in the contract, the products, the results according to the agreement, the contract implementation period and other contents according to the decision of the competent person signing the contract;
e) Ensure adequate funding for contract implementation from the state budget or other legal sources; carry out estimates, payments, settlements and control expenditures according to current laws;
g) Ensure that information and documents provided to individuals and organizations signing service contracts are confidential and used for the right purpose;
h) Have the right to unilaterally terminate the contract if the contract implementation does not ensure quality, progress, violates contract obligations or violates legal regulations;
i) Request the contract signer to compensate for damages in cases of violation of contract obligations causing financial consequences, loss of products, assets or disclosure of confidential information and documents;
k) The head of an agency, organization or unit shall be personally responsible for the signing of the contract in accordance with the provisions of this Decree and other relevant provisions.
2. For individuals signing contracts:
a) Fully and on time, ensuring the quality of professional and technical tasks according to the agreement in the contract and other requirements of the agency, organization, or unit signing the contract (if any); being responsible before the law and the agency, organization, or unit for the implementation results;
b) Only information, documents, and equipment of agencies, organizations, and units serving assigned tasks may be used; strictly prohibit the use for the wrong purpose, disclosure, loss, copying, or illegal transfer of confidential documents, assets, or assigned products;
c) Ensure the conditions for performing tasks (professional capacity, support human resources, necessary tools, means, etc.) in accordance with the contract content and requirements of the agency, organization, or unit;
d) To be paid salaries, bonuses, remunerations, and contractual rental regimes corresponding to the results and products according to the agreement in the contract and in accordance with the provisions of law;
d) Ensured working conditions according to the provisions of law, according to the provisions of agencies, organizations, units and according to the agreement in the contract; access to professional documents and necessary information to serve the work according to the regulations of agencies, organizations, and units;
e) Working time under labor contracts to perform a number of professional and technical tasks prescribed in this Decree shall be counted as the basis for salary classification according to job position if recruited or accepted as civil servants and public employees. The salary arrangement corresponding to the job position recruited and received shall be implemented in accordance with the provisions of law;
g) Responsible for compensation for damages if violating contractual obligations causing financial losses, loss of property, damage to products or disclosure of confidential information and documents;
h) Comply with legal regulations on the protection of state secrets, internal rules, regulations, and professional regulations of agencies, organizations, and units.
3. For organizations and service providers:
a) Organize the full implementation of the contents, volume, quality, and work progress according to the signed contract;
b) Responsible for ensuring the legitimate rights of employees of their organizations and units, complying with regulations on safety, security and confidentiality throughout the contract implementation process;
c) Commit to absolute confidentiality of information, documents, data, and products assigned or created during the performance of the contract, not used for the wrong purpose, or illegally transferred;
d) Responsible for compensation for damages to agencies, organizations, and units that sign contracts in cases of failure to ensure quality, delays in progress, violations of confidentiality obligations, or causing financial losses under contracts.
