The Ministry of Justice is reviewing the draft Decree on contract for performing public duties. The draft Decree was drafted by the Ministry of Home Affairs.
The Ministry of Home Affairs said that currently, many countries in the world apply a model of flexible use of human resources in the public sector, including the non-public contract mechanism for some professional and technical job positions.
In Vietnam, in reality, many state agencies have a need to recruit people to perform certain seasonal, professional or unusual tasks, such as: Information technology services, digital transformation, doing jobs at the Ministry of Foreign Affairs...
Signing short-term labor contracts for these jobs helps reduce staff pressure and create flexibility in operating the apparatus (the contract can be terminated immediately upon completion of the task).
In practice, in the current national development process, some jobs require high professional skills (for example, law making, law enforcement, economic governance, information technology, database construction, data analysis, etc.) that the current civil service does not meet well.
Hiring experts and labor contracts outside of civil servants will help improve the quality and efficiency of work.
The Ministry of Home Affairs emphasized that the Draft Decree is a new content guiding the implementation of Article 21 of the Law on Cadres and Civil Servants in 2025 on civil servant performance contracts, focusing on the following contents: Regulations related to the signing of contracts for civil servants to perform duties in administrative agencies; authority to approve contracts, authority to sign contracts; regulations on standards, conditions, rights and obligations of contract signing parties; enforcement responsibilities of ministries, branches and localities.
The Ministry proposes that workers sign labor contracts to perform the duties of leadership and management positions, including:
Lead and direct the development of legal documents, programs, topics and projects on economics, science and technology, and innovation.
Lead and direct digital transformation, develop artificial intelligence technology, reform administrative procedures; build relevant processes and procedures.
Lead and direct the Program, Plan, Subject, and Project assigned to perform specific tasks within a certain period of time.
Lead and direct other tasks according to the decision of the head of the agency managing cadres and civil servants.
The workers signing labor contracts or service contracts performing professional and technical tasks according to the list of positions of civil servants.
The subjects who are allowed to sign labor contracts to perform tasks in leadership and management positions include managers, business administrators, outstanding and outstanding entrepreneurs; lawyers, lawyers, experts, and leading scientists. These individuals must have experience working in the fields in the above list.
