Nghị định 173/2025/NĐ-CP về hợp đồng thực hiện nhiệm vụ của công chức

DECREE

ON TASK-BASED CONTRACTS FOR CIVIL SERVANTS

Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Cadres and Civil Servants dated June 24, 2025;

Pursuant to the Labor Code dated November 20, 2019;

Pursuant to the Civil Code dated November 24, 2015;

At the request of the Minister of Home Affairs;

The Government hereby promulgates the Decree on task-based contracts for civil servants.

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GENERAL PROVISIONS

Article 1. Scope

This Decree provides for employment contracts and service contracts for performing one or several tasks of civil servants in agencies of the Communist Party of Vietnam, the Vietnam Fatherland Front, the State, and socio-political organizations at the central level, provincial level, and commune level.

Article 2. Regulated entities

1. Agencies of the Communist Party of Vietnam, the State, the Vietnam Fatherland Front, and socio-political organizations at the central, provincial, and commune levels.

2. Agencies, organizations, units, and individuals that enter into employment contracts or service contracts.

3. Diplomatic missions, consular missions, representative missions to international organizations, and other Vietnamese agencies abroad that enter into employment contracts or service contracts to perform one or several tasks under their management scope in accordance with the law on Vietnamese agencies abroad and the provisions of this Decree.

4. The Minister of National Defense and the Minister of Public Security shall decide on the application of the provisions of this Decree to enter into employment contracts or service contracts to perform one or several tasks under their management.

Article 3. Principles of implementation

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2. The conclusion of contracts shall be implemented flexibly according to each project, task, or annual work program based on the available human resources and the capacity to meet task performance requirements of the agencies, organizations, or units.

3. Ensure consistency with the Party’s guidelines and the State’s laws, without contravening international treaties to which Viet Nam is a signatory; do not affect the functions, tasks, and normal operations of agencies, organizations, or units; and comply with regulations on the protection of state secrets.

4. The conclusion of contracts for the performance of one or several tasks under leadership or managerial positions shall not entail full execution of the responsibilities, tasks, and powers of such positions; the contracting individual is not required to meet the criteria and conditions applicable to the corresponding leadership or managerial position.

5. The funding for contract execution shall be covered by the state budget and shall be separate from the payroll fund and administrative operating funds of agencies, organizations, or units.

Article 4. Tasks to be performed through contracts

1. Tasks involving the performance of one or several duties of leadership or managerial positions that are strategic, ad hoc, urgent, or irregular in nature, including:

a) Developing policies, strategies, programs, and schemes in science, economics, technology, innovation, digital industry, digital infrastructure development, national digital transformation, and institutional reform;

b) Organizing the implementation or supervising pilot programs and breakthrough policies; technology pilot models, public-private cooperation in scientific and technological research and application, and institutional reform;

c) Implementing national, ministerial, or local-level tasks regarding law enforcement, development of big data systems, artificial intelligence, semiconductor technology, biotechnology, new materials, new energy, and other strategic industries;

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2. Tasks involving the performance of one or several professional or specialized duties that are distinctive, highly technical, or seasonal in nature and not performed regularly, including:

a) Applying digital transformation in agencies, organizations, or units; building big data, data analytics systems, forecasting models, and artificial intelligence in public administration, socio-economic management, administrative reform, and development of digital government, digital economy, and digital society in service of state management activities;

b) Developing, operating, and supervising national digital platforms, management information systems, and sectoral databases in fields such as administration, education, healthcare, natural resources and environment, and smart cities;

c) Implementing tasks under institutional reform projects or programs, enhancing public policy-making capacity, innovation policy, policy piloting, system testing, and information system security in service of state management activities;

d) Other tasks as decided by the competent contracting authority specified in Article 8 of this Decree, in accordance with the principles set out in Article 3 and the provisions in Clause 2, Article 7 of this Decree.

3. Specialized, professional, or support tasks for which the current human resources are insufficient, serving internal operations of the agency, organization, or unit, as decided by the head of the civil servant-using agency based on task implementation requirements.

Article 5. Contracting entities

1. For the tasks specified in Clause 1, Article 4 of this Decree:

a) Managers, business administrators, and exemplary entrepreneurs with outstanding achievements in relevant fields;

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2. For the tasks specified in Clause 2, Article 4 of this Decree:

a) The entities specified in Clause 1 of this Article;

b) Individuals with experience and professional expertise who have directly participated in similar tasks;

c) Individuals who meet the standards, conditions, and experience requirements for the relevant professional position.

3. The conclusion of service contracts with legal entities or individuals to perform tasks specified in Clause 3, Article 4 of this Decree shall be subject to the decision of the competent managing agency, organization, or unit.

4. Individuals performing tasks of civil servants under contract shall not be counted toward the assigned staffing quota of the agency, organization, or unit.

Article 6. Contract form, contract types, and contract duration

1. The tasks specified in Article 4 of this Decree shall be implemented through written contracts; in case contracts are concluded via electronic means in the form of data messages as prescribed by the law on electronic transactions, such contracts shall have the same validity as written contracts.

2. The types of contracts concluded for each type of task are as follows:

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b) For the tasks specified in Clause 2, Article 4 of this Decree: an employment contract shall be concluded with individuals specified in Clause 2, Article 5 of this Decree;

c) For the tasks specified in Clause 3, Article 4 of this Decree: a service contract shall be concluded for administrative tasks or other tasks unrelated to state management that cannot be handled by existing human resources;

Based on the nature of the tasks and the characteristics of the agency, organization, or unit, the competent authority shall decide whether to conclude a service contract with a legal entity or an individual;

d) Service contracts shall comply with the provisions of civil law; employment contracts shall comply with the provisions of labor law.

3. The determination of contract duration shall be as follows:

a) The contract duration must be determined based on the nature of the tasks, including: the characteristics of the tasks (ad hoc, annual plan-based, long-term or short-term); personnel requirements; funding conditions for task performance; and the ability to meet task requirements.

b) The duration of service contracts shall be determined according to the tasks and in accordance with civil law, and must be clearly specified in the contract. The contract duration shall be decided by the person competent to sign the contract, ensuring compliance with the principles specified in Article 3 of this Decree.

c) The duration of employment contracts must not exceed 24 months.

d) Open-ended (indefinite-term) contracts shall not be concluded with the entities specified in Article 5 of this Decree.

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Article 7. Cases in which contracts shall not be concluded

1. Contracts shall not be concluded with the following individuals:

a) Those currently serving as cadres, civil servants, public employees, members of the armed forces, or persons performing cipher duties;

b) Those who are currently banned from practicing their profession, are under criminal investigation, or are serving a sentence under a valid decision of a competent authority;

c) Persons who have a relationship with the contract-signing authority, including spouse, biological or adoptive parent; parent-in-law; biological or adopted child; siblings; paternal or maternal aunts/uncles; spouse’s siblings; or spouses of any of the aforementioned relatives.

2. Contracts shall not be concluded to perform the following types of work:

a) Regular and continuous state management tasks;

b) Tasks that are not within the functions, duties, or powers of the agency, organization, or unit;

c) Tasks where contract performance may lead to conflicts of interest or affect the objectivity, transparency, and integrity of public service activities;

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Article 8. Competence to sign contracts

1. For tasks specified in Clauses 1 and 3, Article 4 of this Decree: The head of the civil servant management agency shall decide on the contract signing, or delegate/authorize the head of the agency employing civil servants (with assigned staffing quota, operating budget, official seal, and independent account) to sign the contract.

2. For tasks specified in Clause 2, Article 4 of this Decree: The head of the agency employing civil servants (with assigned staffing quota, operating budget, official seal, and independent account) shall decide on the contract signing after reporting to and obtaining approval from the head of the civil servant management agency.

Chapter II

CONCLUSION OF SERVICE CONTRACTS AND EMPLOYMENT CONTRACTS

Article 9. Standards and conditions for the contracting parties

1. For agencies, organizations, and units signing contracts:

a) There must be a need to perform ad hoc or urgent tasks, or a need to utilize high-quality human resources for a specific period of time;

b) The agency must be competent to sign contracts as prescribed in this Decree and other relevant laws.

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a) They must have appropriate expertise for the tasks under contract; possess a clear personal background, good ethics, and sufficient health to work; demonstrate commitment to the job; have professional competence and practical experience; and meet all legal conditions to be contracted and perform tasks for the agency, organization, or unit;

b) They must not be under criminal prosecution or serving a sentence (including suspended sentences, non-custodial reform), or be subject to administrative measures such as education at commune level, compulsory education, or compulsory rehabilitation; must not be legally incapacitated or under legal restriction of civil capacity; and must not be currently banned from practicing the profession or performing related work;

c) They must meet other standards and conditions as required by sectoral laws and by the authority competent to sign the contract (if any).

3. For organizations or entities (legal persons) providing services:

a) Have full legal status, professional competence, personnel, and other necessary conditions as required by the agency, organization, or unit and as agreed in the contract;

b) Meet the standards and conditions applicable to the relevant sector of operation;

c) Ensure that the labor standards and conditions are met in accordance with sector-specific legislation and the contractual agreements;

d) Other standards and conditions as agreed upon in the contract.

Article 10. Rights and obligations of the contracting parties

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a) Develop a contracting plan suitable for task requirements and resource capabilities, clearly identifying the field, target entities, scope of work, expected outcomes, implementation period, funding sources, cost estimates, payment method, and other necessary conditions (if any);

b) Determine the content, task requirements, and output criteria of the contract, and organize implementation, supervision, and inspection;

c) Be entitled to own, manage, exploit, and use the outcomes and deliverables generated under the contract in accordance with the law and contractual terms;

d) Have the right to request that the contracted individual or entity provide progress reports and explanations of task outcomes during contract execution. Regularly monitor and evaluate the professional performance of the individual or organization under contract;

dd) Disclose on the electronic information portal or other mass media of the agency, organization, or unit (if any) the contracting party, the work agreed upon in the contract, the product and results as agreed, the duration of contract performance, and other relevant information as decided by the competent person signing the contract;

e) Ensure adequate funding for contract execution from the state budget or other lawful sources; conduct budgeting, payment, settlement, and expenditure control in accordance with current laws;

g) Ensure that the information and documents provided to the contracted individual or organization are kept confidential and used for the intended purpose only;

h) Have the right to unilaterally terminate the contract if the contractor fails to meet quality or schedule requirements, breaches contractual obligations, or violates the law;

i) Demand compensation for damages from the contracted party in the event of contractual breaches that cause financial loss, product or asset loss, or leakage of confidential documents and information;

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2. For the individual signing the contract:

a) Fully and punctually perform the assigned professional tasks with guaranteed quality as agreed in the contract and as required by the contracting agency, organization, or unit (if any); be held accountable before the law and the agency, organization, or unit for the performance results;

b) Use information, documents, and equipment provided by the agency, organization, or unit strictly for the assigned tasks; it is strictly prohibited to use such resources for other purposes or to disclose, lose, copy, or illegally transfer confidential documents, assets, or assigned products;

c) Be guaranteed the conditions necessary for performing the tasks (professional support, human resources, necessary tools and equipment, etc.)  in accordance with the contract and the requirements of the agency, organization, or unit;

d) Be entitled to receive wages, bonuses, remuneration, or contract-based payments corresponding to the performance results and deliverables as agreed in the contract and in accordance with law;

dd) Be guaranteed working conditions in accordance with legal provisions, internal rules of the agency, organization, or unit, and the terms of the contract; be granted access to necessary professional documents and information for task performance as prescribed by the agency, organization, or unit.

e) The duration of employment under the employment contract for performing certain professional or specialized tasks as prescribed in this Decree shall be used as the basis for salary classification according to the job position if the individual is recruited or appointed as a civil servant or public employee. The salary classification corresponding to the recruited or appointed job position shall comply with relevant laws;

g) Be held liable for compensation for any damage caused by breaches of contractual obligations resulting in financial losses, asset loss, product damage, or disclosure of confidential information or documents;

h) Comply with regulations on the protection of state secrets, internal rules, regulations, and professional standards of the contracting agency, organization, or unit.

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a) Fully implement the contents, workload, quality, and schedule as agreed in the signed contract;

b) Be responsible for ensuring the legitimate rights of their employees and comply with regulations on safety, security, and confidentiality throughout the contract performance;

c) Undertake absolute confidentiality of information, documents, data, and deliverables provided or generated during contract execution; unauthorized use or transfer is strictly prohibited;

d) Be liable to compensate the contracting agency, organization, or unit for any damages resulting from poor quality, delayed delivery, breach of confidentiality, or financial losses under the contract.

Article 11. Termination of the contract

1. A contract shall be terminated in the following cases:

a) Expiration of the contract term without renewal or signing of a new contract by the parties;

b) Completion of contractual tasks (with a product evaluation report or acceptance minutes);

c) Mutual agreement between the parties;

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dd) The contracted individual no longer meets the eligibility and qualification requirements specified in Article 9 of this Decree;

e) The agency, organization, or unit is dissolved, merged, split, or reorganized, resulting in no further need for the contracted human resources;

g) Changes in mechanisms, policies, or task requirements that render contract continuation infeasible;

h) Other cases as prescribed by law.

2. Rights and obligations upon contract termination:

a) The contracted individual must ensure non-disclosure of state secrets, work secrets, and other confidential information accessed during contract execution, even after the contract has been terminated;

b) All products, research results, initiatives, technical solutions, specialized documents, and other intellectual property created by the contracted individual during the contract period shall be the property of the contracting agency, organization, or unit, unless otherwise agreed in writing;

c) The contracting agency, organization, or unit shall be responsible for protecting the lawful rights and interests of the contracted individual regarding products, scientific works, innovations, and technical solutions in accordance with the laws on intellectual property, if such rights are established under the contract or relevant legal provisions;

d) Both parties shall be responsible for settling any outstanding payments, finalizing financial accounts (if any), and returning assets, documents, and related materials as prescribed;

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3. Procedures for contract termination:

The contract termination must be documented in writing in accordance with the law, clearly stating the reason for termination, the termination date, and the responsibilities of each party after the contract is terminated.

Article 12. Contract signing procedure

After the decision on the policy to allow contract signing is issued, the head of the agency employing officials shall carry out the following steps:

1. Announce the invitation to sign the contract using one of the following methods:

a) Posting on the electronic information portal or other mass media of the agency, organization, or unit (if any);

b) Sending a written invitation to sign the contract directly to the selected individual or organization;

c) The invitation to sign the contract must include the following key information:

Information on the tasks to be performed and the type of contract;

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Time and place of contract signing;

Deadline for submission of dossiers, contact information for guidance, clarification, and dossier reception (if any);

Other relevant information as decided by the head of the agency employing civil servants.

2. Compile a list of individuals or organizations registering for the contract (for cases under Point a, Clause 1 of this Article).

3. Submit a report to the competent authority for decision on contract signing or decide according to delegated authority. If there are multiple individuals or organizations meeting the requirements, an advisory council shall be established to provide advice on selection prior to contract signing. The composition and operation of the advisory council shall be decided by the competent authority.

4. Execute the contract signing.

Chapter III

IMPLEMENTATION

Article 13. Implementation funding

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2. The agencies specified in Clause 1 Article 2 of this Decree may mobilize additional resources in accordance with the law to supplement the funding for contract signing as prescribed in this Decree.

Article 14. Implementation responsibilities

1. Ministries, ministerial-level agencies, central agencies, and the People’s Committees of provinces and centrally-run cities shall:

a) Organize implementation in accordance with this Decree within their assigned functions, tasks, and powers;

b) Direct the heads of agencies, organizations, and units under their management to, based on their human resource demands per job position, propose one or several tasks to be performed under contracts, determine the number and target of contract signings in accordance with this Decree, and prepare budget estimates for submission to competent authorities for consideration and decision;

c) Report to the competent authorities or promulgate, within their authority, other mechanisms and policies or mobilize other lawful resources (if any) in accordance with law to implement preferential policies for individuals signing contracts to perform official duties.

d) Periodically consolidate and report on the implementation of contract signing under this Decree to the Ministry of Home Affairs before December 15 each year for consolidation and reporting to the competent authorities.

2. The Ministry of Finance shall provide guidance on the allocation of funding sources and the preparation of budget estimates, management, use, and settlement of funds, as well as other financial matters related to the contract signing under this Decree.

3. The Ministry of Home Affairs shall be responsible for providing guidance, urging, monitoring, and inspecting the implementation of this Decree; periodically consolidating implementation results and reporting to the Government and the Prime Minister before January 31 each year.

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This Decree comes into force as of July 1, 2025.

Article 16. Implementation responsibilities

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Chairpersons of the People’s Committees of provinces and centrally-run cities, and relevant organizations and individuals shall implement this Decree.

FOR  THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Hoa Binh