Do teachers from private schools have to undergo probation when transferring to public schools in Vietnam?

Do teachers from private schools have to undergo probation when transferring to public schools in Vietnam?

Pursuant to Article 2 of the Law on Public Employees 2010 regarding public employees as follows:

Public Employees

Public employees are Vietnamese citizens recruited based on job positions, working at public service providers under work contract policies, and receiving salaries from the payroll funds of public service providers in accordance with the law.

Accordingly, teachers working at public schools under work contract policies and receiving salaries from the payroll funds of public schools are regarded as public employees.

Based on Article 21 of Decree 115/2020/ND-CP regarding probation policies as follows:

Probation Regime

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5. No probation regime shall be applied to cases where the individual has had a period of working time with mandatory social insurance contributions in accordance with the Law on Social Insurance, arranged to work in line with the trained profession or their previous professional expertise, and such working time (if interrupted, it will be accumulated) is equal to or longer than the probation period corresponding to the probation period of the recruited professional title stipulated in Clause 2 of this Article. For cases exempt from the probation regime, the head of the public service provider must assign the public employee to attend a training course to complete the standards and conditions of the professional title before appointment.

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Thus, private school teachers transferred to public schools will not have to undergo probation if they meet the following conditions:

- Having a period of work with mandatory social insurance contributions according to the regulations.

- Being arranged to work in the profession for which they were trained or their previous professional expertise, and the accumulated working time with social insurance contributions is equal to or longer than the probation period corresponding to the recruited professional title.

Do teachers from private schools have to undergo probation when transferring to public schools in Vietnam? (Internet image)

How Will teachers on probation in Vietnam Be Paid?

Pursuant to Article 23 of Decree 115/2020/ND-CP amended by Clause 13 Article 1 Decree 85/2023/ND-CP regarding policies for probationers and probation instructors as follows:

Policies for Probationers and Probation Instructors

1. During the probation period, the probationer is entitled to 85% of the salary of grade 1 of the recruited professional title.

In cases where the probationer has a higher educational qualification than required for the recruited position, each higher educational level will result in an additional grade level and they will receive 85% of the salary coefficient of the assigned grade. Supplementary allowances will be received as per legal regulations.

2. Probationers will receive 100% of the salary and allowances of the professional title corresponding to the educational level specified in Clause 1 of this Article in the following cases:

a) Working in areas with especially difficult socio-economic conditions;

b) Working in hazardous and dangerous industries or professions;

c) Completing military service; participating in the people's police force; military officers, police officers, professional soldiers discharged, individuals working in the encryption sector moving to other sectors, graduates of reserve officer training, graduates of the commune military command training as basic military officers appointed as reserve officers, youth volunteers, young intellectual volunteers participating in rural, mountainous development for 24 months or more who have completed their duties.

3. Probation time is not counted towards the time for salary grade increase consideration.

4.  Probation instructors will receive a responsibility allowance coefficient of 0.3 times the statutory pay rate during the probation period.

5. During the probation period, probation instructors and probationers will also receive other bonus and welfare policies (if any) as stipulated by the state and the public service provider's regulations.

Thus, teachers on probation will be paid as follows:

- teachers on probation will receive 85% of the salary of grade 1 of the recruited professional title.

In cases where teachers on probation have higher qualifications than required for the recruited position, each higher educational level will result in an additional grade level, and they will receive 85% of the salary coefficient of the assigned grade. Supplementary allowances will be received as per legal regulations.

- teachers on probation will receive 100% of the salary and allowances of the professional title corresponding to the educational level specified in Clause 1 of this Article in the following cases:

+ Working in areas with especially difficult socio-economic conditions;

+ Completing military service; participating in the people's police force; military officers, police officers, professional soldiers discharged, individuals working in the encryption sector moving to other sectors, graduates of reserve officer training, graduates of the commune military command training as basic military officers appointed as reserve officers, youth volunteers, young intellectual volunteers participating in rural, mountainous development for 24 months or more who have completed their duties.

Additionally, probationary private school teachers transferred to public schools will also receive other bonus and welfare policies (if any) as stipulated by the state and the public service provider's regulations.

How Will teachers on probation Be handled with If They Violate Professional Ethics in Vietnam?

Pursuant to Clause 1 Article 23 of Decree 115/2020/ND-CP amended by Clause 14 Article 1 of Decree 85/2023/ND-CP regarding the termination of work contracts for probationers as follows:

Termination of Work Contracts for Probationers

1. Probationers will have their work contracts terminated and recruitment decisions canceled if they fail to meet the requirements after the probation period or commit acts violating professional ethics or professional activities to the extent that disciplinary action must be considered as stipulated by law.

Thus, teachers on probation violating professional ethics to the extent that disciplinary action must be considered as stipulated by law will have their work contracts terminated.