Thông tư 15/2012/TT-BNV

CIRCULAR

ON GUIDELINES FOR RECRUITMENT, LABOR CONTRACTS AND REIMBURSEMENT OF TRAINING EXPENSES APPLIED TO PUBLIC EMPLOYEES

Pursuant to the Law on public employees dated November 15, 2010;

Pursuant to the Government's Decree No. 29/2012/ND-CP dated April 12, 2012 on recruitment, employment and management of public employees;

Pursuant to the Government's Decree No. 61/2012/ND-CP dated August 10, 2012 defining the functions, tasks, entitlements and organizational structure of the Ministry of Home Affairs;

The Minister of Home Affairs promulgates a Circular on guidelines for recruitment, labor contracts and reimbursement of training expenses applied to public employees,

Chapter 1.

RECRUITMENT OF PUBLIC EMPLOYEES

Article 1. Conditions for registration for public employee recruitment

1. Conditions for registration for public employee recruitment prescribed in Article 22 of the Law on public employees and Article 4 of Decree No. 29/2012/ND-CP dated April 12, 2012 of the Government on recruitment, employment and management of public employees (hereinafter referred to as Decree No. 29/2012/ND-CP)

2. Regarding recruitment in a public service provider in terms of culture, arts, physical training or sports, an applicant whose age is from 15 years of age to under 18 years of age is accepted provided that his/her legal representative gives a written consent.

Article 2. Application for registration for public employee recruitment

Each application for registration for public employee recruitment includes:

1. An application form for registration of public employee recruitment using the form No. 1 issued herewith;

2. A resume certified by a competent authority remaining valid for 6 months or longer from the date of submission;

3. Copies of degrees, certificate and study outcome as request of the vacancy certified by a competent authority. The degrees issued by foreign training institutions must be translated into Vietnamese by a notary;

4. A valid certificate of health issued by a qualified health facility prescribed in Circular No. 13/2007/TT-BYT dated November 21, 2007 of the Ministry of Health on guidelines for check-ups;

5. A document certifying the employee in priority in public employee recruitment (if any) by a competent authority.

Article 3. Notification of recruitment

1. Each notification of recruitment of an agency or organization competent to recruit public employees (hereinafter referred to as recruitment agency) must be posted at least 1 time by any of means of mass media (printed, audio and video news) where its head office is located; be posted on the website of the competent agency of organization (if any) and be posted publicly at the head office of the competent agency or organization by the deadline for application submission prescribed in Clause 2 of Article 15 of Decree No. 29/2012/ND-CP

2. Contents of notification of recruitment include:

a) Standards and conditions for recruitment registration;

b) Number of vacancies and corresponding positions;

c) Contents of the application, deadline and place of submission, contact phone number;

d) Forms, contents, time, place and fees for examination and selection as prescribed.

3. Within 15 days, from the deadline for application submission prescribed in Clause 2 Article 15 of Decree No. 29/2012/ND-CP the head of the recruitment agency shall decide establishing a recruitment council to carry out the examination or selection.

Article 4. Exam subjects and duration of exam subjects in the examination of public employee recruitment

1. The public employee recruitment shall be carried out with the exam subjects and duration as follows:

a) General knowledge exam: Written exam in 120 minutes;

b) Professional knowledge and skill exam, including 2 part as follows:

- Written exam in 180 minutes or multiple-choice exam in 30 minutes;

- Practice exam. The time of practice shall be decided by the head of the recruitment agency according to the nature and characteristics of the professional field and requirements of the vacancy;

c) Foreign language exam: Written exam in 60 minutes (if required);

d) Office informatics exam: Practice exam on computer or multiple-choice exam in 30 minutes (if required).

2. If the vacancy requires professional knowledge in foreign language or information technology, the duration of the exam shall be decided by the head of the recruitment agency according to the requirements of the vacancy.

3. If the vacancy requires use of an ethnic minority's language, the subject of foreign language shall be replaced with the subject of ethnic minority's language. The duration of the ethnic minority's language shall be decided by the head of the recruitment agency according to the characteristics of the career field and requirements of the vacancy.

Article 5. Contents of professional exam

The contents of professional exam in the examination of public employee recruitment shall be prescribed according to the requirements pertaining to standard professional positions corresponding to the vacancy.

In the same examination, if there are vacancies requiring different qualifications and professional knowledge, the recruitment agency shall make different exams conformable with the vacancies.

Article 6. Recruitment decision

1. Within 15 days, from the date on which the recruitment decision is approved, the head of the recruitment agency must send the recruitment decision to the successful candidate by post at his/her registered address and post it publicly on the website of the recruitment agency (if any).

2. The successful candidate of the public employee recruitment must come to the recruitment agency to conclude the labor contract and receive his/her job before the deadline prescribed in Clause 1 Article 19 of Decree No. 29/2012/ND-CP

3. If the recruitment decision of the successful candidate is cancelled, the head of the recruitment agency shall decide to recruit the candidate ranked after the rejected candidate provided that such persons meets all requirements prescribed in Clause 1 and Clause 2 Article 10 of Decree No. 29/2012/ND-CP (for examination) or prescribed in Clause 1 and Clause 2 Article 13 of Decree No. 29/2012/ND-CP (for selection).

If there are at least 2 candidates both ranked after the rejected candidate, the head of the recruitment agency shall organize a direct interview for them to decide the successful candidate as prescribed in Clause 3 Article 10 of Decree No. 29/2012/ND-CP (for examination) or prescribed in Clause 3 Article 11 of Decree No. 29/2012/ND-CP (for selection).

Article 7. Exceptional selection for recruitment

1. Based on the work need, the head of each recruitment agency may make exceptional recruitment selection not according to the procedures for public employee recruitment specified in Articles 15, 16 and 17 of Decree No. 29/2012/ND-CP for any of the following candidates:

a) The person who has working experience prescribed in Point a Clause 1 Article 14 of Decree No. 29/2012/ND-CP for and concurrently works in the professional sector or field corresponding to the vacancy; has a continuous period of 36 months or longer over which he/she performs works or tasks requiring qualifications, ability, professional skills and knowledge that match with the vacancy (excluding his/her period of probation); has not be disciplined or liable to criminal prosecution and is considered to fulfill his/her assignments; and satisfies the requirements of the vacancy immediately.

b) The person who holds a Bachelor’s degree with distinction or a master or doctoral degree prescribed in Point b Clause 1 Article 14 of Decree No. 29/2012/ND-CP in a training discipline relevant to the vacancy; or works in the sector or field corresponding to the vacancy if he/she has working experience after graduation, has not be disciplined or liable to criminal prosecution and is considered to fulfill his/her assignments;

c) The talented person or the person with special gifts prescribed in Point c Clause 1 Article 14 of Decree No. 29/2012/ND-CP who has degree(s), certificate(s), or practice certificate(s) or for working positions in the sectors of culture, arts, physical training and sports and traditional trades or occupations.

2. The Bachelor’s degree with distinction shall be determined according to the rank mentioned in the degree; if the degree has no rank, the recruitment agency shall send a report on the study outcome of the entire course and the results of graduation thesis of the candidate to the public service provider for consideration. Within 15 working days, from the date on which the report is received, the public service provider shall send reply.

Article 8. Council of exceptional recruitment selection 

The head of the recruitment agency shall establish a council of exceptional recruitment selection (hereinafter referred to as the council). The council shall include 5 or 7 members, in particular:

1. If the public service provider has competence to recruit public employees:

a) A council president being the head or deputy head of the public service providers;

b) A member being the person in charge of personnel of the public service provider;

c) A member being the head or the deputy head of the department or division in which the vacancy need to be filled

d) The rest of members being person having professional knowledge and skills related to the vacancy decided by the head of the public service provider.

A council secretary appointed by the council president from the council members.

2. If the public service employer has no competence to recruit public employees:

a) A council president appointed by the head of the recruitment agency;

b) A member being the head or deputy head of the public service provider;

c) A member being the representative of the personnel department of the recruitment agency;

d) The rest of members being person having professional knowledge and skills related to the vacancy decided by the head of the recruitment agency.

A council secretary appointed by the council president from the council members.

3. Tasks and entitlement of the council:

a) Inspect requirements and qualifications of candidates according to the standard professional positions corresponding to the vacancies and specific requirements required by the public service provider;

b) Organize examinations in the form of interview or practice relating to general knowledge, education, and professional ability of candidates eligible for exceptional recruitment selection. The form and contents of the examinations shall be decided by the council according to the requirements of the vacancies, reported to the head of the recruitment agency for consideration before the examination organization;

c) The council shall work on the principle of collectives, majority votes and self-dissolution upon the task fulfillment.

Article 9. Application and procedures for exceptional recruitment selection

1. An application for exceptional recruitment selection includes:

a) An application form for registration of public employee recruitment using the form No. 1 issued herewith;

b) A resume certified by a competent authority remaining valid for 6 months from the date of submission;

c) Copies of degrees, certificate and study outcome as request of the vacancy certified by a competent authority. The degrees issued by foreign training institutions must be translated into Vietnamese by a notary;

d) A valid certificate of health issued by a qualified health facility prescribed in Circular No. 13/2007/TT-BYT dated November 21, 2007 of the Ministry of Health on guidelines for check-ups;

dd) A self-evaluation of the candidate recommended for exceptional recruitment selection in terms of political credentials, ethics, education and professional ability, working experience and commendation (if any); a recommendation issued by the head of the agency, organization or unit where he/she works regarding the case prescribed in Point a Clause 1 Article 14 of Decree No. 29/2012/ND-CP

2. The head of the recruitment agency shall request the head of an authority competent to manage public employees in writing to accept the exceptional recruitment selection. The written request must bear the signature of the head or the deputy head of the recruited, which clarifies the vacancy and a meeting minutes of the council and qualified applications.

3. Department (Board) of personnel affiliated to Ministries, ministerial-level agencies, Governmental agencies or Services of Home affairs of central-affiliated cities and provinces (hereinafter referred to as provinces) must assess the exceptional recruitment selection before the head of the authority competent to manage public employees accept the exceptional recruitment selection.

4. Within 20 working days, from the date on which the request is received, the head of the authority competent to manage public employees shall direct the assessment organization and send reply; if there is no reply after the prescribed deadline, it is deemed consent. If the application is not adequate, within 5 working days, from the date on which the request is received, the head of the authority competent to manage public employees shall request the recruitment agency to complete the application as prescribed.

5. The authority competent to manage public employees must send reports on results of exceptional recruitment selection to the Ministry of Home Affairs every June 30 and December 31 for monitoring and inspection as prescribed.

Article 10. Probation exemption

1. Each successful candidate meeting all following requirements shall be exempt from probation:

a) He/she has working experience in the field related to the vacancy and has paid compulsory social insurance for 12 months or longer;

b) During the period prescribed in Point a Clause 1 of this Article, he/she has performed tasks in conformity with the vacancy's requirements.

2. Any successful candidate having paid compulsory social insurance but not meeting all requirements prescribed in Clause 1 of this Article must participate in a probationary period.

3. The working experience’s period over which the compulsory social insurance is paid by the successful candidate who has performed tasks in conformity with the vacancy's requirements (if any) shall be included in the period for which the salary increment shall be considered in the next appointment and salary review corresponding to professional titles.

Chapter 2.

LABOR CONTRACTS

Article 11. Definite-term labor contracts

1. A definite-term labor contract is concluded between the head of the public service provider and a successful candidate for a public employee’s position, excluding the case prescribed in Points d and dd Clause 1 Article 58 of the Law on public employees. The contract shall use the form No. 2 issued herewith.

2. Regarding cases of registration of public employee recruitment prescribed in Clause 2 Article 1 of this Circular, if they are recruited as public employees, a definite-term labor contract shall be concluded using the form No. 3 issued herewith.

3. According to the work need, the vacancy and the professional title need to be filled, the head of the public service provider shall decide the specific deadline for conclusion of definite-term labor contract provided that it does not exceed 36 months.

Article 12. Indefinite-term labor contracts

Upon the termination of a definite-term labor contract concluded between the head of the public service provider and a public employee and a work transfer from a civil servant’s position to a public employee’s position prescribed in Points d and dd Clause 1 Article 58 of the Law on public employees, a indefinite-term labor contract shall be required and used the form No. 4 issued herewith.

Article 13. Change of labor contracts’ contents

During the execution of labor contract, if there is any change to the contents of the labor contract, two parties may agree the modified contents and conclude an appendix of the contract or a new labor contract.

Article 14. Termination of labor contract upon the public employee’s movement to other agencies or units

1. When a public employee moves to another agency or unit, his/her labor contract concluded with the current public service provider must be terminated.

2. The termination of the labor contract must be expressed in written document certified by the public employee and the head of the public service provider or an authority competent to conclude labor contract. The written termination of labor contract shall be made in 2 copies; each party shall hold one copy.

Article 15. Concluding new labor contract with public employee moving to new public service provider

When a public employee moves to another public service provider, the head of the public service provider or the recruitment agency must conclude a new labor contract with the public employee and provide salary regime appropriate to his/her ability, education, working experience, salary progress and the period over which the social insurance has been paid.

Chapter 3.

TRAINING COST REIMBURSEMENT

Article 16. Reimbursement of training expenses

1. Each public employee sent to training in Vietnam and abroad must reimburse training expenses as prescribed in Clause 4 Article 36 of Decree No. 29/2012/ND-CP

2. Each public employee shall be exempt from reimbursing training expenses in the following cases:

a) The public employee fails to complete his/her training course due to sickness certified by a competent health facility;

b) The public employee who has not worked for a given period as committed must follow an order to move to another position with the consent of the competent authority;

c) The public service provider unilaterally terminates the labor contract concluded with the employee in case the provider is forced to contracts its size, but the position or shuts downs according to a decision of a competent authority.

Article 17. Training expenses and determination of reimbursed training expenses

1. The reimbursed expenses shall include tuition fees and other expenses serving the training course, excluding salary and other allowances (if any).

2. Determination of reimbursed expenses:

a) Regarding the case prescribed in Point a Clause 4 Article 36 of Decree No. 29/2012/ND-CP the public employee must reimburse 100% of training expenses;

b) Regarding the case prescribed in Point b Clause 4 Article 36 of Decree No. 29/2012/ND-CP the public employee must reimburse 50% of training expenses;

c) Regarding the cases prescribed in Point c Clause 4 Article 36 of Decree No. 29/2012/ND-CP reimbursed training expenses equals:

S = (F / T1) x (T1 - T2)

Where:

- S is reimbursed training expenses;

- F is total expenses of the training course;

- T1 is the number of months required for compulsory work after the training course(s);

- T2 is the number of months over which the employee has been performed the compulsory work after training.

Article 18. Decisions on payment and recovery of reimbursed training expenses

1. The head of each public service provider shall decide and take responsibility for the decision on the levels of reimbursed training expenses incurred by public employees as prescribed.

2. Recovery of reimbursed training expenses

a) Within 30 days, from the date on which the decision on reimbursement of training expenses issued by the head of the public service provider is received, the public employee must pay the full reimbursement to the public service provider.

b) The reimbursement amount shall be transferred to the account of the public service provider at a State Treasury for monitoring and use in accordance with regulations of law.

c) If the public employee fails to pay the reimbursement, the public service provider shall not provide other benefits for him/her and may take legal proceedings as prescribed.

Chapter 4.

IMPLEMENTATION

Article 19. Effect

1. This Circular comes into force from February 15, 2013.

2. The following documents shall be annulled:

a) Circular No. 10/2004/TT-BNV dated February 19, 2004 of the Ministry of Home Affairs on guidelines for implementation of Decree No. 116/2003/ND-CP dated October 10, 2003 of the Government on recruitment, employment and management of civil servants in public service providers of the State;

b) Circular No. 04/2007/TT-BNV dated June 21, 2007 of the Ministry of Home Affairs on guidelines for implementation of Decree No. 116/2003/ND-CP dated October 10, 2003 of the Government and Decree No. 121/2006/ND-CP dated October 23, 2006 of the Government on amendments to Decree No. 116/2003/ND-CP dated October 10, 2003 of the Government on recruitment, employment and management of civil servants in public service providers of the State;

c) Circular No. 02/2008/TT-BNV dated March 3, 2008 of the Ministry of Home Affairs on amendments to Point b Clause 1 Section I of Circular No. 04/2007/TT-BNV dated June 21, 2007 of the Ministry of Home Affairs on guidelines for implementation of Decree No. 116/2003/ND-CP dated October 10, 2003 of the Government and Decree No. 121/2006/ND-CP dated October 23, 2006 of the Government on amendments to Decree No. 116/2003/ND-CP dated October 10, 2003 of the Government on recruitment, employment and management of civil servants in public service providers of the State.

d) Regulations on work ceasing and reimbursement of training expenses applied to public employees in Circular No. 130/2005/TT-BNV dated December 7, 2005 of the Ministry of Home Affairs on guidelines for Decree No. 54/2005/ND-CP on work ceasing and reimbursement of training expenses applied to civil servants.

Article 20. Implementation 

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of the People’s Committees of provinces and relevant agencies, organizations, and individuals shall implement this Circular./.

Form No. 1

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

 [Location]....., [date].................

REGISTRATION OF PUBLIC EMPLOYEE RECRUITMENT

 (Issued together with Circular No. 15/2012/TT-BNV dated December 25, 2012 of the Ministry of Home Affairs)

Full name:                                                                      Female, male:

Date of birth:

Place of birth:

Permanent residence:

Address:

Phone number:

Race:

Education and training major:

Entity in priority (if any): (1)

After considering requirements for registration of public employee recruitment of………………...... (2), I consider myself qualified to enter for the examination (or selection) of public employee at the vacancy for................ (3). Thus, I hereby apply for registration of public employee recruitment upon your notification.

If I am admitted to the public service I will comply with regulations of the State and the recruitment agency.

I hereby enclose an application with this form, including:

1. A resume;

2. Copies of degrees, certificates and learning outcome, including: ……………(4)

3. A health certificate;

4. 2 envelopes (bearing address), 2 photos of 4 x 6.

I hereby commit that the above information is accurate. If there is any inaccurate information, my recruitment results shall be cancelled and I will take legal responsibility./.

Notes:

 (1) Entity in priority;

 (2) The name of the recruitment agency of public employees;

 (3) The name of the vacancy;

 (4) The names of copies certified by competent authorities, enclosed with the application form.

Form No. 2

TEMPLATE OF DEFINITE-TERM LABOR CONTRACT

 (Issued together with Circular No. 15/2012/TT-BNV dated December 25, 2012 of the Ministry of Home Affairs)

DEFINITE-TERM LABOR CONTRACT

- Pursuant to the Government's Decree No. 29/2012/ND-CP dated April 12, 2012 on recruitment, employment and management of civil servants;

- Pursuant to Decision No. .....of ........on approval for the recruitment results……………….

We are, Mr./Mrs.: .......................................................

Position:……………………………..

On behalf of (1)...................................... (hereinafter referred to as the Employer)

Address:.....................................

Phone number:……………………………

And Mr./Mrs.: ...................................................... (hereinafter referred to as the Employee)

Date of birth……………………………Place of birth………………………….

Education: ………………………………

Training major: ………………………………

Year of graduation:…………………………

Occupation before the recruitment …………………….

Permanent residence:.....................................

……………………………………………………………………………………………….

ID card number …………………………………

Date of birth……………………………Place of birth………………………….

Hereby agreed to sign this labor contract and commit to the following provisions:

Article 1. Term and duties of labor contract

- The contract’s term is from …………………………… to ………………………….

- Probationary period (if any) is from ................................. to .........................................

- Place of work (2): ................................................

- Professional title: ……………………………………………….

- Position (if any): ………………………………….

- Duties (3) ………………………………

....................................................................................................................................

....................................................................................................................................

Article 2. Working regime

- Hours of work (4): ………………………………

- Working equipment: …………………………

…………………………………………………………………………………………………

…………………………………………………………………………………………………

Article 3. Rights and obligations of the Employee

1. Rights:

- Exercise the rights prescribed in Articles 11, 12, 13, 14 and 15 of the Law on public employees.

- Vehicle serving the work (5): ................................................

- Appointed position (code): …………………., Grade: ……………

Salary coefficient …………………………..

- Allowance (if any) including (6): ................................................

that is paid ………………………….times every ……………………..of the month.

- Period over which the salary upgrade:………………………

- Payment other than salary…………………………..

………………………………………………………………………………………………

- Protective clothes (if any): …………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

- Number of days of paid annual leave (public holidays, private affair)

………………………………………………………………………………………………

………………………………………………………………………………………………

- Insurance benefit (7): ................................................

………………………………………………………………………………………………

………………………………………………………………………………………………

- Welfare: ………………….

………………………………………………………………………………………………

………………………………………………………………………………………………

- Bonuses, salary increments, examination for promotion in professional title, professional training courses, perform tasks in terms of cooperation in science and technology with domestic and overseas units as prescribed (8) .........................

………………………………………………………………………………………………

………………………………………………………………………………………………

-  Severance benefits and pay, and compensation as prescribed in law on public employees.

- Request, complain, change or terminate the labor contract as prescribed.

- Other agreements (9) ………………………………….

…………………………………………………………………………………………………

2. Obligations: ………………………………

- Fulfill all duties committed in the Contract.

- Comply with internal regulations and disciplines of the Employer and regulations in Articles 16, 17, 18 and 19 of the Law on public employees.

- Comply with disciplinary actions and make compensation as prescribed.

- Carry out assignments given by a competent person as request.

Article 4. Rights and obligations of the head of the Employer

1. Rights:

- Assign tasks and inspect the fulfillment of tasks by the Employee.

- Terminate the Contract and take disciplinary actions against the Employee as prescribed in law on public employees.

2. Obligations:

- Ensure the position and commitments in the Contract.

- Pay benefits sufficiently and promptly as committed in the Contract.

Article 5. Implementation

- This Contract comes into force from ……………………………

- Any issue related to rights, obligations and responsibilities of two parties not mentioned in the Contract shall comply with law on public employees.

- This Contract shall be made in 3 copies having same value, two copies shall be held by the Employer and one copy shall be held by the Employee. If the two parties sign a contractual appendix, such appendix shall have the same legal value as of contractual terms.

The Contract takes effect from ………………………….

INSTRUCTION FOR COMPLETING THE TEMPLATE OF DEFINITE-TERM LABOR CONTRACT

1. Specific name of the Employer.

2. Specific number of house, street, ward (village, commune), district (suburban district, district-level town), province, provincial-affiliated city or central-affiliated city.

3. Specific duties in charge at the request of the vacancy and the equivalent job description.

4. Specific hours of work, hours of week, or standard office hours.

5. Transportation vehicle provided by the Employer or self-managed by the Employee.

6. Specific rate (%) of allowances (if any): region, slippage in prices, harmfulness, attraction, seniority, responsibility, etc.

7. Specific benefits in terms of social insurance, health insurance and other allowances received by the Employee.

8. Clarify the particular benefits received by the Employee mentioned in this Section.

9. Other agreements including agreements related to the nature and characteristics of the field or sector and particular conditions of the Employer in conformity with regulations of law.

Form No. 3

TEMPLATE OF DEFINITE-TERM LABOR CONTRACT
(for under-18 employees)

 (Issued together with Circular No. 15/2012/TT-BNV dated December 25, 2012 of the Ministry of Home Affairs)

DEFINITE-TERM LABOR CONTRACT
(for under-18 employees)

- Pursuant to the Government's Decree No. 29/2012/ND-CP dated April 12, 2012 on recruitment, employment and management of civil servants;

- Pursuant to Decision No. .....of ........on approval for the recruitment results……………

We are, Mr./Mrs.: .......................................................

Position:……………………………..

On behalf of (1)......................................   ……………………………………………………

Address:.....................................

Phone number:……………………………

And Mr./Mrs.: .......................................................

Date of birth……………………………Place of birth………………………….

Education: ………………………………

Training major: ………………………………

Year of graduation:…………………………

Permanent residence:.....................................

………………………………………………………………………………………………

ID card number …………………………………

Date of birth……………………………Place of birth………………………….

And representative is (2) Mr./Mrs.: .......................................................

Date of birth……………………………Place of birth………………………….

Permanent residence:.....................................

ID card number …………………………………

Date of birth……………………………Place of birth………………………….

Hereby conclude a labor contract and commit to the following provisions:

Article 1. Term and duties of labor contract

- The contract’s term is from …………………………… to ………………………….

- Probationary period (if any) is from ................................. to ...................................

- Place of work (3): ................................................

- Position title: ……………………………………………….

- Position (if any): ………………………………….

- Duties (4) ………………………………

...................................................................................................................................

...................................................................................................................................

Article 2. Working regime

- Hours of work (5): ………………………………

- Working equipment: …………………………

……………………………………………………………………………………………….

………………………………………………………………………………………………

Article 3. Rights and obligations of the Employee

1. Rights:

- Exercise the rights prescribed in Articles 11, 12, 13, 14 and 15 of the Law on public employees.

- Vehicle serving the work (6): ................................................

- Appointed professional title (code): ………………….

Grade:…………………………….. Salary coefficient …………………………..

- Allowances (if any) including (7): ................................................

that is paid ………………………….times every ……………………..of the month.

- Period over which the salary upgrade:………………………

- Payment other than salary………………………….. ………………………………………………………………….

……………………………………………………………………………………………….

- Protective clothes (if any): …………………………

……………………………………………………………………………………………….

………………………………………………………………………………………………

- Number of days of paid annual leave (public holidays, private affair)

………………………………………………………………………………………………

………………………………………………………………………………………………

- Insurance benefit (8): ................................................

………………………………………………………………………………………………

………………………………………………………………………………………………

- Welfare: ………………….

………………………………………………………………………………………………

………………………………………………………………………………………………

- Bonuses, salary increments, examination for promotion in professional title, professional training courses, perform tasks in terms of cooperation in science and technology with domestic and overseas units as prescribed (9) .........................

………………………………………………………………………………………………

………………………………………………………………………………………………

-  Severance benefits and pay, and compensation as prescribed in law on public employees.

- Request, complain, change or terminate the labor contract as prescribed.

- Other agreements (10) ………………………………….

……………………………………………………………………………………………….

2. Obligations:

- Fulfill all duties committed in the Contract.

- Comply with internal regulations and disciplines of the Employer and regulations in Articles 16, 17, 18 and 19 of the Law on public employees.

- Comply with disciplinary actions and make compensation as prescribed.

- Carry out assignments given by a competent person as request.

Article 4. Rights and obligations of the head of the Employer

1. Rights:

- Assign tasks and inspect the fulfillment of tasks by the Employee.

- Terminate the Contract and take disciplinary actions against the Employee as prescribed in law on public employees.

2. Obligations:

- Ensure the position and commitments in the Contract.

- Pay benefits sufficiently and promptly as committed in the Contract.

Article 5. Implementation

- This Contract comes into force from ……………………………

- Any issue related to rights, obligations and responsibilities of two parties not mentioned in the Contract shall comply with law on public employees.

- This Contract shall be made in 3 copies having same value, two copies shall be held by the Employer and one copy shall be held by the Employee. If the two parties sign a contractual appendix, such appendix shall have the same legal value as of contractual terms.

The Contract takes effect from ………………………….

INSTRUCTIONS FOR COMPLETING TEMPLATE OF DEFINITE-TERM LABOR CONTRACT
(for under-18 employees)

1. Specific name of the Employer.

2. Specific name of the legal representative of the Employee.

3. Specific number of house, street, ward (village, commune), district (suburban district, district-level town), province, provincial-affiliated city or central-affiliated city

4. Specific duties in charge at the request of the vacancy and the equivalent job description.

5. Specific hours of work, hours of week, or standard office hours.

6. Transportation vehicle provided by the Employer or self-managed by the Employee.

7. Specific rate (%) of allowances (if any): region, slippage in prices, harmfulness, attraction, seniority, responsibility, etc.

8. Specific benefits in terms of social insurance, health insurance and other allowances received by the Employee.

9. Clarify the particular benefits received by the Employee mentioned in this Section.

10. Other agreements including agreements related to the nature and characteristics of the field or sector and particular conditions of the Employer in conformity with regulations of law.

Form No. 4

TEMPLATE OF INDEFINITE-TERM LABOR CONTRACT

 (Issued together with Circular No. 15/2012/TT-BNV dated December 25, 2012 of the Ministry of Home Affairs)

INDEFINITE-TERM LABOR CONTRACT

- Pursuant to the Government's Decree No. 29/2012/ND-CP dated April 12, 2012 on recruitment, employment and management of civil servants;

We are, Mr./Mrs.: .......................................................

Position:……………………………..

On behalf of (1)......................................

Address:.....................................

Phone number:……………………………

And Mr./Mrs.: .......................................................

Date of birth……………………………Place of birth………………………….

Position:……………………………..

Permanent residence:.....................................

...................................................................................................................................

ID card number …………………………………

Date of birth……………………………Place of birth………………………….

Hereby conclude a labor contract and commit to the following provisions:

Article 1. Duties of labor contract

- Place of work (2): ................................................

- Position title: ……………………………………………….

- Position (if any): ………………………………….

- Duties (3) ………………………………

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Article 2. Working regime

- Hours of work (4): ………………………………

- Working equipment: …………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

Article 3. Rights and obligations of the Employee

1. Rights:

- Exercise the rights prescribed in Articles 11, 12, 13, 14 and 15 of the Law on public employees.

- Vehicle serving the work (5): ................................................

- Appointed professional title (code): ………………….

Grade:…………………………….. Salary coefficient …………………………..

- Allowances (if any) including (6): ................................................

that is paid ………………………….times every ……………………..of the month.

- Period over which the salary upgrade:………………………

- Payment other than salary…………………………..

………………………………………………………………………………………………

- Protective clothes (if any): …………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

- Number of days of paid annual leave (public holidays, private affair)

………………………………………………………………………………………………

………………………………………………………………………………………………

- Insurance benefit (7): ................................................

………………………………………………………………………………………………

………………………………………………………………………………………………

- Welfare: ………………….

………………………………………………………………………………………………

………………………………………………………………………………………………

- Bonuses, salary increments, examination for promotion in professional title, professional training courses, perform tasks in terms of cooperation in science and technology with domestic and overseas units as prescribed (8) .........................

………………………………………………………………………………………………

………………………………………………………………………………………………

-  Severance benefits and pay, and compensation as prescribed in law on public employees.

- Request, complain, change or terminate the labor contract as prescribed.

- Other agreements (9) ………………………………….

…………………………………………………………………………………………………

2. Obligations:

- Fulfill all duties committed in the Contract.

- Comply with internal regulations and disciplines of the Employer and regulations in Articles 16, 17, 18 and 19 of the Law on public employees.

- Comply with disciplinary actions and make compensation as prescribed.

- Carry out assignments given by a competent person as request.

Article 4. Rights and obligations of the head of the Employer

1. Rights:

- Assign tasks and inspect the fulfillment of tasks by the Employee.

- Terminate the Contract and take disciplinary actions against the Employee as prescribed in law on public employees.

2. Obligations:

- Ensure the position and commitments in the Contract.

- Pay benefits sufficiently and promptly as committed in the Contract.

Article 5. Implementation

- This Contract comes into force from ……………………………

- Any issue related to rights, obligations and responsibilities of two parties not mentioned in the Contract shall comply with law on public employees.

- This Contract shall be made in 3 copies having same value, two copies shall be held by the Employer and one copy shall be held by the Employee. If the two parties sign a contractual appendix, such appendix shall have the same legal value as of contractual terms.

The Contract takes effect from ………………………….

INSTRUCTION FOR COMPLETING TEMPLATE OF INDEFINITE-TERM LABOR CONTRACT

1. Specific name of the Employer.

2. Specific number of house, street, ward (village, commune), district (suburban district, district-level town), province, provincial-affiliated city or central-affiliated city

3. Specific duties in charge at the request of the vacancy and the equivalent job description.

4. Specific hours of work, hours of week, or standard office hours.

5. Transportation vehicle provided by the Employer or self-managed by the Employee.

6. Specific rate (%) of allowances (if any): region, slippage in prices, harmfulness, attraction, seniority, responsibility, etc.

7. Specific benefits in terms of social insurance, health insurance and other allowances received by the Employee.

8. Clarify the particular benefits received by the Employee mentioned in this Section.

9. Other agreements including agreements related to the nature and characteristics of the field or sector and particular conditions of the Employer in conformity with regulations of law.