This is a notable content in the Draft Decree on civil servant performance contracts that is being appraised by the Ministry of Justice. The draft Decree was drafted by the Ministry of Home Affairs.
According to the draft Decree, signing contracts for leadership positions in administrative agencies only applies when there are unforeseeable tasks, high professional requirements or existing human resources cannot meet them. The signing is not intended to replace the recruitment of civil servants and does not create the right to appoint the person to sign the contract.
This is a solution to take advantage of resources from the private sector, while ensuring that it does not affect the stability and operating principles of state agencies.
People who can sign leadership contracts include: Manager, typical businessman, lawyer, lawyer, expert or leading scientist. They need to meet the standards of prestige, professional qualifications and have recognized work results in at least the last 5 years.
The person to sign the contract must be a Vietnamese citizen, have sufficient health, a clear background, not being prosecuted for criminal liability or is serving a sentence and not on the payroll assigned by an agency or organization.
The contract term is determined right in the signing content, but the maximum is only 24 months for leadership positions and professional and technical civil servants. In particular, service contracts for specific tasks can last up to 36 months. Signing a long-term contract is not allowed to be applied in any case.
Contracts can be signed directly in writing or through electronic means with equivalent legal value.
Notably, the cost of signing a contract as prescribed in Article 4 of this Decree is guaranteed by the state budget, outside the salary fund and outside the administrative contract fund of the agency, organization or unit.
Agencies, organizations, and units can raise funds to implement policies for this group from other legal sources of income (if any).
The Ministry of Finance is responsible for guiding the determination of funding sources and the preparation of management, use and settlement of funding according to the provisions of Clause 3, Article 9 of this Decree; guiding other contents related to finance during the process of signing contracts according to the provisions of this Decree.
The Ministry of Finance is also responsible for allocating funds from the state budget for competent authorities to sign contracts.
