On Instructions for Exemption from Probationary Policies for Public Employees

However, according to the guidelines of the Ministry of Home Affairs in Clause 1, Article 10 of Circular 15/2012/TT-BNV, dated December 25, 2012, a successful candidate for the position of public employee is exempt from probation policies if they meet the following conditions: They have had at least 12 months of work experience with mandatory social insurance contributions in the relevant sector or field; during this time, they have performed professional or specialized tasks suitable to the requirements of the recruited position.

According to Ms. Hang, the guidance provided by the Ministry of Home Affairs as described above does not align with the regulations of the Public Employee Law and Decree 29/2012/ND-CP.

Regarding the issue raised by Ms. Hang, Lawyer Tran Van Toan from Khanh Hung Law Office, Hanoi Bar Association, answers as follows:

Clause 1, Article 20 of Decree 29/2012/ND-CP dated April 12, 2012, of the Government of Vietnam on the recruitment, use, and management of public employees stipulates that successful candidates must undertake probation policies to get acquainted with the working environment and perform the duties of the recruited position, except in cases specified in Clause 1, Article 27 of the 2010 Public Employee Law.

Clause 1, Article 27 of the 2010 Public Employee Law stipulates that a successful candidate must undertake probation policies unless they have at least 12 months of performing professional or specialized tasks suitable to the requirements of the recruited position.

To be exempt from probation policies, successful candidates must present legitimate documents and materials proving that they "have had at least 12 months performing professional or specialized tasks suitable to the requirements of the recruited position." If they cannot provide, or cannot provide sufficient documents or materials to prove this, they must undertake probation policies.

The Social Insurance Law stipulates that individuals who have worked for 12 months or more at state agencies, public service providers; Communist Party agencies; enterprises; political - social organizations, and social - professional organizations are subject to mandatory social insurance participation.

Therefore, proving the working time and the tasks performed through the Social Insurance record is the simplest and most accurate method.

According to Clause 1, Article 10 of Circular 15/2012/TT-BNV, dated December 25, 2012, of the Ministry of Home Affairs on the guidance for recruitment, contract signing, and reimbursement of training and retraining costs for public employees, a successful candidate is exempt from probation policies if they meet the following conditions:

- They have had at least 12 months of work experience with mandatory social insurance contributions in the relevant sector or field.

- During this time, they have performed professional or specialized tasks suitable to the requirements of the recruited position.

Based on the guidelines for exemption from probation policies mentioned above, successful candidates need only submit a certified copy of their Social Insurance book to the recruiting agency.

The Social Insurance book contains sections and columns recording information related to the workplace, professional or specialized tasks, salary scales, salary coefficients, contribution periods, and social insurance amounts. This information is certified and signed by both the Social Insurance agency and the previous employer, reflecting whether the candidate has had 12 months or more of performing professional or specialized tasks suitable to the requirements of the recruited position.

Based on the information from the Social Insurance book (if necessary, cross-referenced with the Social Insurance database), the recruiting agency will decide whether to apply probation policies or exempt the successful candidate.

Determining information through the Social Insurance record will ensure the correct identification of individuals eligible for probation policy exemption and prevent fraudulent records. This is the simplest procedure to prove exemption conditions for the successful candidate.

According to the lawyer, the guidelines on exemption conditions for probation policies for successful candidates in Clause 1, Article 10 of Circular 15/2012/TT-BNV clarify further the provisions in Clause 1, Article 20 of Decree 29/2012/ND-CP and Clause 1, Article 27 of the 2010 Public Employee Law.

Ms. Nguyen Thi Hang's opinion that the guidelines in the Circular do not align with the Decree and Law provisions is unfounded.

Lawyer Tran Van Toan

Khanh Hung Law Office – Hanoi Bar Association

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