SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, November 17, 2000
ON THE APPLICATION OF THE CONTRACTUAL REGIME TO A NUMBER OF JOBS IN THE STATE ADMINISTRATIVE AGENCIES AND PUBLIC-SERVICE UNITS
Pursuant to the Law on Organization of the Government of September 30, 1992;
At the proposal of the Minister-Chairman of the Government Commission for Organization and Personnel,
Article 1.- To apply the contractual regime to a number of following jobs in the State administrative agencies and public-service units:
1. Repairing and maintaining electric power supply systems, water supply and drainage systems at public offices, cars and other machines and equipment currently used in the agencies and public-service units;
5. Watching over the vehicles of officials, employees and guests coming to work with such agencies and public-service units;
6. Other jobs.
Article 2.- The State administrative agencies and public-service units specified in this Decree include:
1. State administrative agencies at the central level, in the provinces and centrally-run cities, urban districts, rural districts, provincial capitals and towns;
2. Overseas representations of the Socialist Republic of Vietnam;
3. Public-service units whose operations are funded by the State budget.
Article 3.- The contractual regime shall not apply to persons working as guards in the Government Office, the State Bank, the State Treasury, the tax stamp storehouse and the customs stamp storehouse; drivers for persons who hold the posts specified in Articles 5 and 6 of the Prime Minister’s Decision No.122/1999/QD-TTg of May 10, 1999; drivers of vehicles used exclusively for the transport of money of the State Bank and the State Treasury.
1. Those who had been recruited into State payrolls before the effective date of the Government’s Decree No.25/CP of May 23, 1993 and are doing jobs specified in Article 1 of this Decree, shall not be subject to the contractual regime.
2. Those who are doing jobs specified in Article 1 of this Decree and have been recruited since the effective date of the Government’s Decree No.25/CP of May 23, 1993 shall be liable to the application of the contractual regime according to the provisions of this Decree (except for cases specified in Article 3 of this Decree).
1. The jobs specified in Article 1 of this Decree shall be performed through the signing of contracts between the State administrative agencies or public-service units and individuals personally doing such jobs or individuals and/or organizations providing services in the forms of asset package leasing contracts, service contracts, labor contracts, economic contracts and other types of contracts as provided for by law.
2. Contracts shall not be signed for jobs specified in Article 1 of this Decree if the persons on the State payrolls, who are currently in charge of such jobs, are fully capable and qualified therefor.
1. Conditions to be met by parties for signing contracts with the State administrative agencies and/or public-service units:
a/ For individuals:
- Having good health as required by the jobs, with certification by the health bodies of district or higher level;
- Having a clear background;
- Being capable and qualified to accomplish their jobs;
- Being neither in the period of being examined for penal liability, serving an imprisonment sentence, being subject to a non-custodial reform penalty, penal probation, administrative probation, commune-, ward- or district town-based education measures nor consigned into medical establishments or reformatories, nor in the duration of being banned from holding certain posts, practicing certain occupations or doing certain jobs related to jobs for which contracts are signed.
b/ Individuals and organizations providing services must be capable of performing jobs specified in Article 1 of this Decree and satisfy all business conditions as prescribed by law.
2. Conditions to be met by the State administrative agencies and public-service units for signing:
a/ Having demand for the performance of jobs specified in Article 1 of this Decree;
b/ Contracts shall be signed by the heads of such State administrative agencies and public-service units, who are competent to do so or authorize their subordinates in charge of organization and personnel or office affairs to sign.
Article 7.- Funds for the performance of contracts for jobs specified in Article 1 of this Decree shall be supplied by the State budget and incorporated in the annual State budget drafts.
The allocation, use and settlement of funding sources shall be regulated by the Ministry of Finance.
Article 8.- Other agencies and organizations that use funds allocated by the State budget shall decide the application of the provisions of this Decree in their respective agencies and organizations.
Article 9.- The Government Commission for Organization and Personnel shall coordinate with the concerned ministries and branches in guiding the implementation of this Decree.
Article 10.- This Decree takes effect 15 days after its signing.
Article 11.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
Phan Van Khai