When is the Employment Contract of Probationary Teachers in Vietnam Terminated?

When is the Employment Contract of Probationary Teachers in Vietnam Terminated?

Pursuant to Article 25 of Decree 115/2020/ND-CP (amended and supplemented by Clause 14, Article 1 of Decree 85/2023/ND-CP), the regulations on terminating the employment contract for probationary employees are as follows:

Termination of Employment Contract for Probationary Employees

1. A probationary employee will have their employment contract terminated and the recruitment decision canceled if they do not meet the requirements after the probationary period or commit acts related to professional ethics or professional activities requiring disciplinary action as stipulated by law.

2. The head of the public service provider terminates the employment contract and reports to the competent authority for recruitment of public employees to cancel the recruitment decision in the cases specified in Clause 1 of this Article.

3. A probationary employee whose employment contract is terminated will receive a severance allowance of 01 month of salary, the current allowance, and travel expenses to their place of residence from the public service provider.

4. Other cases as prescribed by law.

Thus, a probationary teacher will have their employment contract terminated in either of the following cases:

- Failure to meet the requirements after the probationary period;

- Committing acts related to professional ethics or professional activities to the extent that disciplinary action is considered according to the law.

When is the Employment Contract of Probationary Teachers in Vietnam Terminated? (Image from the Internet)

How Long is the Probationary Period for Teachers in Vietnam?

Pursuant to Article 21 of Decree 115/2020/ND-CP, the policies for probationary teachers are as follows:

Probationary Policies

1. Persons recruited into the public employee category must undergo a probationary policy to familiarize themselves with the working environment and perform the tasks of the recruited job position.

2. The probationary period is specified as follows:

a) 12 months for positions requiring a university degree. For medical doctor positions, it is 09 months;

b) 09 months for positions requiring a college degree;

c) 06 months for positions requiring an intermediate level degree.

d) Periods such as maternity leave under social insurance benefits, sick leave lasting 14 days or more, leave without pay, periods of temporary detention, temporary custody, or suspension from work according to the law are not included in the probationary period.

In cases where a probationary employee takes sick leave or has a valid reason for less than 14 days and receives approval from the head of the public service provider, this time is included in the probationary period.

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Thus, the probationary policies for teachers are as follows:

- A 12-month probationary period for positions requiring a university degree.

- A 09-month probationary period for positions requiring a college degree.

- A 06-month probationary period for positions requiring an intermediate level degree.

Is the Probationary Period Considered in Salary Increments for Teachers in Vietnam?

Pursuant to Clause 3, Article 23 of Decree 115/2020/ND-CP, the policies for probationary employees and their mentors are as follows:

Policies for Probationary Employees and Mentors

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3. The probationary period is not included in the time considered for salary increments.

4. The probationary mentor receives a responsibility allowance coefficient of 0.3 of the statutory pay rate during the mentoring period.

5. During the probationary period, both the mentor and the probationary employee are entitled to bonuses and other benefits (if any) according to state regulations and the internal regulations of the public service provider.

Thus, the probationary period for teachers is not included in the time considered for salary increments.

When Does a Probationary Teacher in Vietnam Receive a Professional Title Appointment?

Pursuant to Article 24 of Decree 115/2020/ND-CP, the regulations on appointing probationary employees to professional titles after the probationary period are as follows:

Appointment to Professional Titles for Probationary Employees After the Probationary Period

1. At the end of the probationary period, the probationary employee must report in writing on the results of the probation according to the contents specified in Clause 3, Article 21 of this Decree; the mentor is responsible for evaluating the probation results in writing. These documents are sent to the head of the public service provider.

2. Within 5 working days from the date of receiving the report from the probationary employee and the evaluation from the mentor, the head of the public service provider assesses the political qualities, ethics, and work results of the probationary employee. If the probationary employee meets the requirements, the head of the public service provider decides according to their authority or issues a written proposal to the competent authority managing the public service provider to decide on the appointment to the professional title and salary arrangement for the recruited public employee.

Thus, a probationary teacher will receive a decision on the appointment to a professional title when they meet the requirements after the end of the probationary period.