New regulations on work performance contracts in public non-business units

VÂN TRƯỜNG |

The Government has just issued Decree No. 235/2026/ND-CP stipulating contracts for performing work in public non-business units.

The Decree specifically stipulates the types of tasks for signing contracts and contract forms, types of contracts, including:

1. Works under the list of job positions (VTVL) for public employees, including:

- Work performing tasks of VTVL management (implementing labor contract signing);

- Work performing tasks of professional and nghiệp vụ VTVL (implementing the signing of service contracts or labor contracts in accordance with the nature and specific professional and nghiệp vụ nature of the work);

- Work performing tasks of VTVL support (Implementing the signing of service contracts or labor contracts, in which priority is given to signing service contracts).

2. Work serving the operation of public non-business units not in the List of VTVL public employees, including:

- Driver, security;

- Reception, service; cleaning; vehicle parking; maintenance, repair, operation of headquarters, equipment, machinery serving unit operations;

- Other service work is decided by the head of a public non-business unit.

These tasks are carried out by signing service contracts with organizations. In case there is no organization providing services that meet the requirements or there is an organization providing services but the content cannot be agreed upon, service contracts or labor contracts shall be signed with individuals.

The Decree clearly states that the above tasks are contracted in writing; cases of signing through electronic means are implemented according to the provisions of law.

The contract term must be based on the nature of the task (sudden, annual, long-term or short-term plan), human resource needs, financial conditions for task implementation, and ability to meet task implementation requirements.

The Decree also stipulates the subjects for signing contracts.

1. For jobs at VTVL management:

- Experts, business managers, typical and outstanding entrepreneurs in fields suitable to their tasks;

- Good jurists, lawyers, scientists with in-depth expertise in the field suitable for the task;

- People with high professional qualifications in strategic and key industries and fields suitable for the development of public non-business units.

2. For jobs in professional, nghiệp vụ VTVL and VTVL support:

- Sign contracts with subjects specified in Clause 1 above to perform the work of professional and nghiệp vụ VTVL;

- People with experience, understanding of expertise and nghiệp vụ and who have directly implemented specific tasks of similar nature;

- People who meet the standards and conditions to meet the requirements of professional, nghiệp vụ VTVL or supportive VTVL;

- Legal entities and individuals that meet the standards and conditions for providing services.

3. For tasks serving the operation of public non-business units not included in the list of VTVL public employees:

- People who meet the standards and conditions to meet the requirements of the service work;

- Legal entities and individuals that meet the standards and conditions for providing services.

This Decree takes effect from July 1, 2026.

VÂN TRƯỜNG
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