How long is the minimum probation period for public school teachers in Vietnam?

How long is the minimum probation period for public school teachers in Vietnam?

Based on Article 21 of Decree 115/2020/ND-CP regulating the probationary policy for public employees as follows:

Probationary Policy

1. Persons recruited as public employees must perform the probationary policy to familiarize themselves with the working environment and practice the job tasks of the recruited position.

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Hence, public school teachers upon recruitment must undergo a probationary policy.

According to Clause 2, Article 21 of Decree 115/2020/ND-CP regulating the probationary period for public employees as follows:

Probationary Policy

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2. The probationary period is stipulated as follows:

a) 12 months for positions requiring a university-level educational standard. Specifically, 09 months for the position of a doctor;

b) 09 months for positions requiring a college-level educational standard;

c) 06 months for positions requiring an intermediate-level educational standard.

d) Leave due to childbirth under social insurance benefits, sick leave of 14 days or more, unpaid leave, suspensions, detention, or any form of temporary cessation of work as stipulated by law are not counted in the probationary period.

In cases where the probationer takes sick leave or justified leave for less than 14 days and is approved by the head of the public service provider, this time is included in the probationary period.

Depending on the job position's educational standard requirements, the probationary period varies by case as follows:

- For positions requiring a university-level educational standard: 12 months.

- For positions requiring a college-level educational standard: 09 months.

- For positions requiring an intermediate-level educational standard: 06 months.

Additionally, Clause 1, Article 72 of the Education Law 2019 stipulates as follows:

Standard training levels for teachers

1. The standard training levels for teachers are stipulated as follows:

a) Must have at least a college diploma in pedagogy for preschool teachers;

b) Must have at least a bachelor's degree in a teacher training program for elementary, lower secondary, and upper secondary school teachers. For subjects lacking teachers with a bachelor's degree in a teacher training program, a bachelor's degree in a relevant major and a pedagogic competency certificate are required;

c) Must have a master's degree for university lecturers; a doctoral degree for those teaching and supervising master's theses or doctoral dissertations;

d) For teachers in vocational education institutions, the standard training levels are implemented under the Vocational Education Law.

Thus, the training levels required for teachers are from college for preschool teachers and from university for elementary, lower secondary, and upper secondary school teachers.

Therefore, public school teachers must serve a probationary period of at least 09 months for preschool teachers and 12 months for elementary school teachers and above.

How long is the minimum probation period for public school teachers in Vietnam? (Image from the Internet)

What must public school probationary teachers do after the probationary period in Vietnam?

Based on Article 24 of Decree 115/2020/ND-CP stipulating as follows:

Appointment to professional titles for public employees after the probationary period

1. After the probationary period, the probationer must report the results of the probationary period in writing, as specified in Clause 3, Article 21 of this Decree. The probationary instructor is responsible for providing written comments and evaluations of the probationary results. These documents are sent to the head of the public service provider.

2. Within no more than 05 working days from the date of receipt of the probationer’s report and the instructor’s comments and evaluations, the head of the public service provider evaluates the political quality, ethics, and work results of the probationer. If the probationer meets the requirements, the head of the public service provider shall decide within their authority or request the competent agency managing the public service provider to appoint the professional title and salary for the recruited public employee.

Thus, after the probationary period, public school probationary teachers must submit a written report on the probationary results with the following contents:

- Thorough understanding of the legal provisions regarding the rights, obligations of public employees, prohibition matters; in-depth comprehension of the organizational structure, functions, tasks, and power of the public service provider; internal regulations, working rules of the unit; responsibilities and requirements of the recruited position.

- Enhancement of knowledge, skills, and professional competence according to the recruited position’s requirements.

- Practice in resolving and performing tasks of the recruited position.

How are public school probationary teachers handled if they do not meet the requirements after the probationary period in Vietnam?

Based on Article 25 of Decree 115/2020/ND-CP (amended and supplemented by Clause 14, Article 1 of Decree 85/2023/ND-CP) stipulating as follows:

Termination of employee contract for probationers

1. The probationer is terminated from the employee contract and the recruitment decision is revoked if they do not meet the requirements after the probationary period or have actions relating to professional ethics or professional activities that require disciplinary actions as per the law.

2. The head of the public service provider terminates the employee contract and reports to the competent agency or unit recruiting the public employee to revoke the recruitment decision in cases regulated in Clause 1 of this Article.

3. The probationer terminated from the employee contract is entitled to a termination allowance equivalent to 01 month of their current salary, allowances, and travel expenses for returning to their place of residence from the public service provider.

4. Other cases as per the law.

Thus, if public school probationary teachers do not meet the requirements after the probationary period, their employee contract will be terminated, and the recruitment decision will be revoked as per legal regulations.

Probationary teachers whose employee contracts are terminated are entitled to a termination allowance from the public service provider equivalent to 01 month of their current salary, allowances, and travel expenses for returning to their place of residence.