Vietnam: What are the probationary contents for communal-level officials? Who is exempt from probation according to current regulations?

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What are the current titles of commune-level officials?

Under Article 3 of Decree 92/2009/ND-CP, positions and titles are specified as follows:

Positions and titles

1. Commune-level officials shall hold the following positions:

a) Secretary, Deputy Secretary of the Communist Party Committee;

b) Chairperson and Vice Chairpersons of the People's Council;

c) Chairperson and Vice Chairpersons of the People's Committee;

d) Chairperson of Vietnam Fatherland Front Central Committee;

dd) Secretary of the Ho Chi Minh Communist Youth Union.

c) Chairperson of Vietnam Women’s Union;

g) Chairperson of Vietnam Farmer’s Union (applicable to communes, wards, townships engaged in agricultural, forestry, fishery and salt production activities and involved in Vietnam Farmers' Union.

h) Chairperson of Vietnam War Veteran Association;

2. Commune-level officials have the following titles:

a) Chief of Police;

b) Military Commander;

c) Office – Statistics;

d) Land Administration – Construction – Urban and Environment (for wards, townships) or Land Administration – Agriculture – Construction and Environment (for communes);

dd) Finance – Accounting;

e) Justice – Civil Status;

g) Culture – Society.

Thus, based on the above regulations, commune-level officials have the following titles:

- Chief of Police;

- Military Commander;

- Office – Statistics;

- Land Administration – Construction – Urban and Environment (forwards, townships) or Land Administration – Agriculture – Construction and Environment (for communes);

- Finance – Accounting;

- Justice – Civil Status;

- Culture – Society.

What are the probationary contents for communal-level officials in Vietnam? Who is exempt from probation according to current regulations? (Image from the Internet)

What are the probationary contents for communal-level officials in Vietnam?

According to the provisions of Article 22 of Decree 112/2011/ND-CP, policies for probationers are stipulated as follows:

Policies for Probationers

1. Newly recruited commune-level officials must undergo probation to familiarize themselves with the working environment and perform the tasks of the recruited official position.

2. The probationary period and policies applicable during the probationary period are implemented according to the provisions of point c, clause 2, Article 5 of Decree No. 92/2009/ND-CP dated October 22, 2009 of the Government of Vietnam concerning positions, numbers, and several policies for officials at communes, wards, townships, and those involved in non-specialized activities at the commune level.

3. Probationary contents:

a) Grasp the provisions of the Law on Officials concerning the rights and obligations of officials and the tasks that officials are prohibited from doing; understand the organizational structure, functions, tasks, powers, internal regulations, working rules of the commune-level People's Committee where they are working, and the responsibilities and tasks of the recruited official position;

b) Improve knowledge and professional skills as required by the recruited official position;

c) Practice solving and performing the tasks of the recruited official position.

4. Exemption from probation applies to:

a) Person have a period of compulsory social insurance premium payment equal to or longer than the probationary period specified in clause 2 of this Article;

b) Commune-level Military Commanders and Commune Police Chiefs.

Thus, the probationary contents include:

- Grasp the provisions of the Law on Officials concerning the rights and obligations of officials and the tasks that officials are prohibited from doing; understand the organizational structure, functions, tasks, powers, internal regulations, working rules of the commune-level People's Committee where they are working, and the responsibilities and tasks of the recruited official position;

- Improve knowledge and professional skills as required by the recruited official position;

- Practice solving and performing the tasks of the recruited official position.

Who is exempt from probation in Vietnam according to current regulations?

Under Article 8 of Circular 13/2019/TT-BNV, exemptions from probation are stipulated as follows:

Cases of exemption from probation 

1. Persons recruited into the positions of commune-level officials: Office - Statistics; Land Administration - Construction - Urban and Environment (for wards, townships) or Land Administration - Agriculture - Construction and Environment (for communes); Finance - Accounting; Justice - Civil Status; Culture – Society, are exempt from probation if they meet the following conditions:

a) Have  a period of compulsory social insurance premium payment equal to or longer than the probationary period specified in clause 2, Article 22 of Decree No. 112/2011/ND-CP corresponding to the recruited commune-level official position;

b) During the period of compulsory social insurance premium payment mentioned in point a of this clause, the recruited commune-level official has performed tasks suitable to the duties of the recruited commune-level official position.

2. Officials working in communes: mountainous areas, highlands, border areas, islands, isolated islands, remote areas, ethnic minorities, extremely disadvantaged areas, are entitled to 100% of the initial salary step according to their training level during probation. The probationary period is not inluced in the time for annual pay rise consideration.

3. Persons recruited into commune-level official positions who do not meet the conditions specified in clause 1 of this Article must undergo probation; the period during which the recruited person has performed tasks specified in point b, clause 1 of this Article (if any) is inluced in the probationary period.

Thus, the exemption from probation is stipulated as above.