Exemption from probation for civil servants who have paid social insurance in Vietnam

Hello, the editorial board would like to answer as follows:

1. Exemption from probation for civil servants who have paid social insurance in Vietnam

According to Article 20 of Decree 138/2020/ND-CP, the regulations on the probationary regime for people recruited as civil servants are as follows:

- People recruited as civil servants must undergo a probationary period to familiarize themselves with the working environment and practice the tasks of the recruited job position.

- The probationary period is prescribed as follows:

+ 12 months for recruitment to civil servant type C;

+ 06 months for recruitment to civil servant type D;

+ Maternity leave under social insurance, sick leave of 14 days or more, unpaid leave, the time spent in temporary detention, detention, or temporary suspension from work according to the provisions of law is not counted as probationary time.

Note: In cases where the probationer is on sick leave or has a legitimate reason for less than 14 days with the consent of the head of the agency or unit where the person being recruited as a civil servant is implementing the probationary regime, this period is counted as the probationary period.

- Internship content:

+ Firmly grasp the provisions of the law on civil servants;

+ Firmly grasp the organizational structure, functions, tasks, and powers of the working agency; the internal rules and working regulations of the agency; and the responsibilities and duties of the recruited job position;

+ Cultivate knowledge and professional skills according to the requirements of the recruited job position;

+ Practice solving and performing the tasks of the recruited job position.

- During the period of implementation of the probationary regime, the head of the agency that manages and employs civil servants must appoint people implementing the probationary regime to participate in a state management training course to perfect the standards and conditions of the civil servant rank before appointment. Time spent participating in state management training courses is counted as probationary time.

- Do not apply the probationary regime in the following cases:

+ Have worked for a period of time and paid compulsory social insurance in accordance with the provisions of the Social Insurance Law.

+ Have been assigned to work in the correct field, training occupation, or in accordance with the professional expertise previously held where the working time with compulsory social insurance payment (if interrupted, it is cumulative) is equal to or greater than the probationary period corresponding to the probationary period of the recruited rank specified in Clause 2, Article 20 of Decree 138/2020/ND-CP.

+ For cases where the probationary regime is not implemented, the head of the agency that manages and employs civil servants must be sent to participate in a state management training course to complete the standards and conditions of civil servant ranks before appointment.

- Do not transfer, arrange, or assign work to recruits who are in the probationary period to a job position other than the position being recruited in the same agency or organization or to another agency, organization, or unit.

Thus, in the case of a person recruited as a civil servant who has worked for a period of time, the probationary regime is exempt.

2. Salary arrangement with civil servants who have paid social insurance in Vietnam

According to Article 19 of Decree 138/2020/ND-CP, regulations on salary rankings for civil servants who have paid social insurance are as follows:

- In the case of individuals who are recruited or accepted as civil servants according to the provisions of Decree 138/2020/ND-CP and are assigned to work in accordance with their field of study or professional expertise previously held, the working period shall be considered for mandatory social insurance contributions in accordance with the provisions of the Social Insurance Law prior to the date of recruitment or acceptance as a civil servant at the level of training corresponding to the required level of training for the recruited position, which shall be used as a basis for classification and the appropriate salary grade for the recruited position or acceptance.

- Salary ranking at the civil servant rank corresponding to the job position being recruited and accepted is carried out according to current regulations.

Note: If a person is recruited or accepted as a civil servant who has worked for a period of time with intermittent compulsory social insurance contributions but has not yet received a one-time social insurance benefit, it will be accumulated.

Key word: civil servants | probation | Exemption from probation | social insurance | in Vietnam | Vietnam |

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