Ministry of Home Affairs responds to the head of a public non-business unit signing a contract with a younger brother

Mr. Nguyen Van An (name of the character changed) said that he is the head of a public non-business unit and signed a labor contract to perform professional and nghiệp vụ tasks with his younger brother on June 1, 2026. The labor contract includes a 60-day probation agreement.

Mr. An asked, is the agreement on the content of probation in an indefinite-term labor contract as above contrary to legal regulations or not according to Clause 1, Article 24 of the 2019 Labor Code?.

In addition, Mr. An said that Decree 235/2026/ND-CP, effective from July 1, 2026, does not allow heads to sign labor contracts with younger siblings. Therefore, he questioned whether the labor contract signed on June 1, 2026 is contrary to legal regulations and whether it can continue to be implemented.

According to Mr. An, Clause 1 and Clause 2, Article 14 of Decree 235/2026/ND-CP stipulate that professional and nghiệp vụ contracts signed before July 1, 2026, in accordance with the law at the time of signing, shall continue to be implemented without having to re-sign.

Regarding Mr. An's reflection and recommendations, the Ministry of Home Affairs has responded on the Electronic Information Portal.

According to the Ministry of Home Affairs, the trial agreement in the labor contract is implemented according to the provisions of Article 24, Article 25 of the 2019 Labor Code.

For labor contracts performing professional and nghiệp vụ work in public non-business units signed before July 1, 2026, the signing is carried out according to Decree No. 111/2022/ND-CP dated December 30, 2022 of the Government and the transition is carried out according to Article 14 of Decree No. 235/2026/ND-CP dated June 26, 2026 of the Government.

According to Article 14 of Decree No. 235/2026/ND-CP, labor contracts and service contracts performing support, service and professional and nghiệp vụ work in public non-business units are signed before the decree takes effect, if they are in accordance with legal regulations at the time of signing, they can continue to be implemented without having to re-sign.

When the contract expires, if the parties still have a need, employees are prioritized to sign a contract according to the provisions of Decree No. 235/2026/ND-CP.

For labor contracts or service contracts that have been signed in accordance with the law at the time of signing, the parties are responsible for continuing to fully exercise their rights and obligations under the contract if there is no other agreement.

Based on the provisions of Article 58 and Article 59 of Decree No. 259/2026/ND-CP, the Ministry of Home Affairs requests you to exchange with the local civil servant management agency for consideration according to their authority.

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