Benefits Regime for Difficulties for Probationary Officials and Public Employees

Mr. Thuan's question was answered by Lawyer Tran Van Toan, Khanh Hung Law Office - Hanoi Bar Association as follows:

Since Mr. Thuan did not specify his title, position, or the agency he is working for, he may refer to both regulations on internship policies for those recruited into officials and those who have passed the public employee exam to compare with his specific case:

Internship Regime for Officials

Article 20 of Decree 24/2010/ND-CP dated March 15, 2010, of the Government of Vietnam on recruitment, use, and management of officials stipulates that: Persons recruited into officials must undertake internship policies to familiarize themselves with the work environment and practice performing the tasks of the recruited job position.

The internship period is stipulated to be 12 months for recruitment into category C officials; 6 months for recruitment into category D officials.

Internship Regime for Public Employees

According to Article 27 of the 2010 Public Employee Law, those who pass the public employee exam must undertake internship policies, except for those who have had 12 months or more of performing professional duties suitable to the requirements of the recruited job position. The internship period ranges from 3 to 12 months and must be stipulated in the employment contract.

Mr. Thuan has interned for over 7 months; if he is recruited into a category C official, the remaining internship period is 5 months. If he is recruited into a category D official, the internship period has ended.

In the case where Mr. Thuan has passed the public employee exam, the remaining internship period must be based on the duration stated in the contract. However, whether Mr. Thuan is recruited into a category C official or passes the public employee exam, if the contract states an internship period of 12 months, then the remaining internship period is at most 5 months. Upon completing the internship period, Mr. Thuan will receive 100% of the salary according to the rank echelon he is entitled to.

Officials and Public Employees under Internship Entitled to Hardship Allowance

According to Points a and b, Clause 1, Article 1 of Decision 471/QD-TTg dated March 30, 2011, of the Prime Minister of the Government of Vietnam on hardship allowances for officials and public employees, armed forces, retirees with low salaries, beneficiaries of preferential treatment allowances, and poor households with difficult living conditions, as guided in Points a and b, Clause 1, Article 2 of Circular No. 07/2011/BLDTBXH dated April 15, 2011, of the Ministry of Labour - Invalids and Social Affairs, the subjects with low salaries and difficult living conditions entitled to hardship allowances are those with a salary coefficient (position salary or salary according to the current rank) of 3.00 or less, entitled to an allowance of 250,000 VND/person, including:

- Officials (as stipulated in Clause 1, Article 4 of the Law on Officials dated November 13, 2008), officials (as stipulated in Decree 06/2010/ND-CP dated January 25, 2010, of the Government of Vietnam defining those who are officials) in the payroll entitled to salaries from the state budget working in state agencies, political organizations, socio-political organizations at the Central level; at provincial levels; at district levels, district-level towns, and provincially governed cities;

- Public employees in the payroll entitled to salaries from the state budget and revenue sources as per law working in the state’s public service providers, political organizations, socio-political organizations.

The aforementioned subjects include those in the internship, probationary period, or on leave enjoying sickness and maternity policies according to the law.

For Mr. Thuan's case, if he is recruited as an official, or passes the public employee exam while currently receiving an internship salary with a salary coefficient below 3.00, he is entitled to the hardship allowance policy according to Decision 471/QD-TTg mentioned above.

Lawyer Tran Van Toan

Khanh Hung Law Office – Hanoi Bar Association

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