Procedures for appointment to the civil servant rank and salary arrangement for those who complete the probationary regime in Vietnam

Hello, Lawnet would like to answer as follows:

According to Decision 507/QD-BNV dated July 13, 2023, the Ministry of Home Affairs of Vietnam announced the procedures for appointment to the rank of public servants and employees, and salary arrangement for those who complete the probationary regime as follows:

1. Procedures for appointment to the civil servant rank and salary arrangement for those who complete the probationary regime in Vietnam

- The order of execution:

+ At the end of the probationary period, the probationer must report the probation results in writing according to the contents specified in Clause 3, Article 20 of Decree 138/2020/ND-CP.

+ Apprenticeship instructors comment on and evaluate probation results in writing.

- Method of implementation: Directly.

- Composition, number of records: Not specified.

+ Number of records: Not specified.

- Time limit for settlement: Within 05 working days from the date of receipt of the probationer's report and the probationer's comments and assessments, the head of the agency employing civil servants assesses the apprentice's political qualities, ethics and work results. In case the probationer meets the requirements, the head of the agency employing civil servants shall send a written request to the head of the agency managing civil servants to decide on the appointment of ranks and salary arrangements for the recruited public employees.

- Subjects carrying out administrative procedures: Those who have been recruited and have completed the probationary regime.

- Agencies performing administrative procedures: Agencies and units managing civil servants (agencies or units where the person completes the probationary regime).

- Results of administrative procedures: Decision on appointment to professional title or decision on salary arrangement.

- Fees: No.

- Name of application form, declaration form: Not specified.

- Requirements and conditions for carrying out administrative procedures:

+ Complete the probationary period as prescribed (Article 20 of Decree 138/2020/ND-CP):

++ 12 months in the case of recruitment as a C-class civil servant;

++ 06 months in case of recruitment into D-class civil servants;

++ The period of maternity leave under the social insurance regime, sick leave of 14 days or more, unpaid leave, time in detention, custody, or temporary suspension from work as prescribed by law shall not be included in the probationary period.

++ In case the probationer takes sick leave or has a valid reason for less than 14 days but is approved by the head of the agency or unit where he/she is recruited as a civil servant who is performing the probationary regime, this time will be counted into the probationary period.

- Legal basis of administrative procedures:

+ Law on Cadres and Civil servants;

+ Decree 138/2020/ND-CP on recruitment, employment, and management of civil servants.

2. Procedures for appointment to public employee rank and salary arrangement for those who complete the probationary regime in Vietnam

- The order of execution:

+ The probationer must report the probation results in writing according to the contents specified in Clause 3, Article 21 of Decree 115/2020/ND-CP.

+ Apprenticeship instructors comment on and evaluate probation results in writing.

- Method of implementation: Directly.

- Composition, number of records: Not specified.

+ Number of records: Not specified.

- Time limit for settlement:

Within 5 working days from the date of receipt of the probationer's report and the comments and assessments of the apprentice instructor, the head of the public non-business unit evaluates the apprentice's political qualities, ethics, and work results. In case the probationer meets the requirements, the head of the public non-business unit shall decide according to his/her competence or send a written request to the competent agency managing the public non-business unit to decide on the appointment of professional titles and salary arrangements for the recruited public employees.

- Subjects to carry out administrative procedures: Those who are recruited, have expired their probationary period.

- Agencies performing administrative procedures: Public non-business units that manage public employees.

- Results of administrative procedures: Decision on appointment to a professional title or decision on salary arrangement.

- Fees: None.

- Name of application form, declaration form: Not specified.

- Requirements for carrying out administrative procedures:

+ Complete the probationary regime as prescribed in Decree 115/2020/ND-CP, specifically as follows:

++ 12 months for recruitment to professional titles that require university training standards. Particularly for the professional title of doctor, it is 09 months;

++ 09 months in the case of recruitment to professional titles that require college training standards;

++ 06 months for recruitment to professional titles that require intermediate training qualifications.

The period of maternity leave under the social insurance regime, sick leave of 14 days or more, time of unpaid leave, time of detention, custody, or temporary suspension from work as prescribed by law shall not be included in the probationary period.

+ In case the probationer takes sick leave or has a valid reason for less than 14 days, but is agreed upon by the head of the public non-business unit where he is recruited as a public employee while performing the probationary regime, this time will be counted into the probationary period.

+ In case the public employee is exempt from probation: Comply with the provisions of Clause 5, Article 21 of Decree 115/2020/ND-CP on the case of public employees being exempted from probation: do not implement the probationary regime for those who have worked for a period of time and have paid compulsory social insurance in accordance with the provisions of the Law on Social Insurance, to be assigned to work in the right industry and profession or according to their previous professional qualifications, but the working time with social insurance premiums (if interrupted, they will be accumulated) is equal to or greater than the probationary period corresponding to the probationary period of the recruited professional title specified in Clause 2, Article 21 of Decree 115/2020/ND-CP.

For cases where the probationary regime is not applied, the head of the public non-business unit must appoint the public employee to participate in a refresher course to complete the criteria and conditions of the public employee's professional title before appointment.

- Legal basis of administrative procedures:

+ Law on Public Employees;

+ Decree 115/2020/ND-CP on recruitment, employment, and management of public employees.

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Key word: probationary regime | appointment | public employee | civil servant | in Vietnam |

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