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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
173/2025/ND-CP
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Hanoi,
June 30, 2025
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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