Can public employees conclude a Labor Contract with other businesses?

I am a public employee at a university. I was suggested by MT joint-stock company signing a temporary labor contract. I want to ask if the public employees like me can sign a labor contract with a company. I hope that FDVN can advise me and respond to me soon. I sincerely thank you!

FDVN’s opinion:

Sincerely thank you for concerning our legal consulting service. We are glad to give you our advice on your question.

Prohibitions on public employees are stipulated by Article 19 of Law on Public Employees 2010 include:

“1. Shirking responsibility or refusing to discharge assigned work or tasks; sowing factionalism and disunity: quitting jobs arbitrarily: going on strike.

2. Illegally using assets of agencies, organizations, units and the people in contravention of the law.

3. Discriminating in any form against nationality, gender, social strata, beliefs, and religions.

4. Taking advantage of professional activities to conduct propaganda against the line and policies of the Party and the laws of the State or to the detriment of the fine traditions and customs and cultural and spiritual life of the people and society.

5. Hurting the honor, dignity, and prestige of others when carrying out professional activities.

6. Other prohibitions as provided by the Law Against Corruption, the Law on Thrift Practice and Wastefulness Combat and other relevant laws.”

Besides, officeholders in state organizations are prohibited from the following actions under Clause 2, Article 20 of Anti-corruption Law 2018:

“a) Harassment during task performance;

b) Establishing, participating in the administration of sole proprietorships, limited liability companies, joint-stock companies, partnerships, and cooperatives, unless otherwise prescribed by law;

c) Providing information about state secrets, business secrets or other secrets about their tasks or any task in which they participate for other domestic and foreign organizations and individuals;

d) Establishing, holding managerial or executive positions in sole proprietorships, limited liability companies, joint-stock companies, partnerships and cooperatives in the field that was under their management according to regulations of the Government;

dd) Illegally using the information of their organizations;

e) Other actions that officeholders must not do according to the Law on officials and public employees, the Law on Enterprises and relevant laws.”

Therefore, the current Vietnamese law does not ban public employees from signing a labor contract with a company. However, when performing the work under this Labor Contract, you must not violate prohibited acts under Law on Public Employees 2010 and Anti-corruption Law 2018 as noted above.

Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.

Legal Expert: Nguyen Thi Suong

FDVN Law Company