In the current context, the demand for hiring individuals to undertake positions in organizations, particularly in the sector of science and technology, has become increasingly urgent. It not only enhances operational efficiency but also ensures professional expertise and leadership quality. The following article provides an overview of the current regulations regarding hiring to undertake leadership positions.

I. Current demand for hiring individuals to undertake positions

The demand for hiring individuals to undertake leadership positions is rising sharply across many sectors.

Hiring individuals for leadership roles not only supplements high-quality human resources but also facilitates technology transfer and knowledge sharing from foreign experts or Vietnamese professionals abroad. It enhances organizational performance and contributes to the sustainable development of the national science and technology sector.

II. Legal regulations on hiring individuals to undertake positions

1. What is hiring individuals to undertake positions?

Clause 3, Article 3 of Circular 07/2023/TT-BKHCN provides that undertaking a leadership position in a public science and technology organization involves performing tasks associated with the leadership titles specified in Clause 2 of this Article.

Accordingly, hiring someone to undertake a leadership position in science and technology activities refers to a public science and technology organization employing an individual or external expert to perform leadership duties as prescribed.

2. Who can be hired to undertake positions?

Under Circular 07/2023/TT-BKHCN, eligible candidates include Vietnamese nationals working abroad and foreign experts participating in science and technology activities in Vietnam.

3. Term of employment 

According to Point a, Clause 2, Article 9 of Circular 07/2023/TT-BKHCN: The head of a public science and technology organization may be hired under a fixed-term contract not exceeding 36 months. At least 90 days before the contract expires, the competent authority shall assess the performance of the hired head according to the signed contract and prior agreements to consider continuing the fixed-term contract for a maximum of 36 months if requirements are met.

Therefore, the maximum term for hiring the head of a public science and technology organization is 36 months. Prior to expiration, parties may renew the contract for up to 36 months. If either or both parties do not wish to extend, the employment contract terminates upon expiry in accordance with Clause 1, Article 11 of Circular 07/2023/TT-BKHCN.

III. Questions regarding hiring individuals to undertake positions

1. Content of the employment contract

According to Point c, Clause 2, Article 9 of Circular 07/2023/TT-BKHCN: The contract shall follow Form No. 02 in the Appendix to this Circular. Accordingly, the main contents include:

  • Information of the parties.
  • Scope of work.
  • Contract duration.
  • Rights and obligations of the parties.
  • Force majeure provisions.
  • Confidentiality and conflict of interest.
  • Early termination.
  • Dispute resolution.
  • General provisions.

2. Conditions for public science and technology organizations hiring Vietnamese nationals working abroad or foreign experts

Clause 1, Article 4 of Circular 07/2023/TT-BKHCN stipulates:

  • Implementing scientific and technological tasks for which domestic Vietnamese personnel lack experience or where collaboration, experience exchange, and advanced technology transfer from abroad are required.
  • Operating in specialized sectors or research directions where domestic Vietnamese personnel lack leadership or management experience.

Hence, organizations must meet these conditions when hiring Vietnamese nationals working abroad or foreign experts for leadership positions.

3. Evaluation form for hired positions

According to Point a, Clause 3, Article 10 of Circular 07/2023/TT-BKHCN, the evaluation form follows Form No. 03 in the Appendix. It includes:

  • Performance assessment.
  • Self-assessment and quality rating.
  • Comments and evaluation.
  • Feedback from the evaluation council.

IV. Legal consultancy on hiring individuals to undertake positions

The above is NPLaw’s overview of current regulations on hiring individuals to undertake positions. With a team of experienced lawyers and legal professionals, NPLaw provides reliable, professional legal services to ensure the full protection of clients’ legal rights. For assistance with legal matters, contact NPLaw for consultation and support.