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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
68/2000/ND-CP
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Hanoi, November 17, 2000
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DECREE
ON THE APPLICATION OF THE CONTRACTUAL REGIME
TO A NUMBER OF JOBS IN THE STATE ADMINISTRATIVE AGENCIES AND PUBLIC-SERVICE
UNITS
THE GOVERNMENT
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,
DECREES:
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;
2. Driving;
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4. Sanitation;
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.
Article 4.-
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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).
Article 5.-
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.
Article 6.-
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;
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- 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.
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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
PRIME MINISTER
Phan Van Khai