Vietnam: Probation period of public employees

Hi Lawnet, I would like to ask that when recruiting public employees, what is the duration of their probation in Vietnam?

Vietnam: Probation period of public employees (Source: Internet)

1. Probation period of public employees

In Clauses 1 and 2, Article 21 of Vietnam's Decree 115/2020/ND-CP stipulates the public employee probationary regime as follows:

- Persons who are recruited as public employees must carry out the probationary regime to get used to the working environment and practice doing the jobs of their recruited positions.

- The training time is specified as follows:

+ 12 months in the case of recruitment for professional titles that require university training qualifications. In particular, for the professional title of doctor, it is 09 months;

+ 09 months in case of recruitment for professional titles that require college training qualifications;

+ 06 months in case of recruitment for professional titles that require intermediate training qualifications.

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

If the probationer takes sick leave or has a valid reason for less than 14 days, but is approved by the head of the public non-business unit where he/she is recruited as a public employee who is currently performing the probationary regime, this period will be counted towards the probationary period.

Note:

During the period of implementation of the probationary regime, public non-business units managing and employing public employees must send public employees to participate in training and retraining courses to complete the standards and conditions of professional titles before applying for appointment.

The time to participate in the training and retraining course shall be included in the time of implementing the probationary regime.

2. Contents of public employee traineeship

In Clause 3, Article 21 of Vietnam's Decree 115/2020/ND-CP stipulates the contents of public employee probation as follows:

- Firmly grasp the provisions of the law on public employees on the rights and obligations of public employees and what they are not allowed to do;

Firmly grasp the organizational structure, functions, tasks and powers of public non-business units where they work;

Regulations and working regulations of the unit;

Responsibilities, duties, and requirements of the position to be recruited;

- Cultivate knowledge and practice capacity, professional skills according to the requirements of the job position being recruited;

- Practice solving and performing the work of the job position to be recruited.

3. In case of failure to implement the public employee probationary regime

- Failing to 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; being arranged to work according to the right industry, training profession or according to the professional profession previously held; the working period with social insurance premiums (if interrupted, it 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 Vietnam's Decree 115/2020/ND-CP.

For cases in which the probationary regime is not carried out, 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. 

- Failing to arrange or assign work to the recruited person who is in the process of performing the probationary period to another job position than the one recruited in the same public non-business unit or to another public service unit. other public industries.

4. In case of termination of the working contract with the apprentice

In Article 25 of Vietnam's Decree 115/2020/ND-CP stipulating the termination of a working contract for a probationer as follows:

- An apprentice shall have his/her working contract terminated and his/her recruitment decision canceled when he/she fails to meet the requirements after the probationary period or commits violations to the extent that disciplinary action must be considered in accordance with the law.

- Heads of public non-business units terminate working contracts and report to agencies or units competent to recruit public employees to cancel recruitment decisions in the cases specified in Clause 1, Article 25 of  Vietnam's Decree 115/2020/ND-CP.

- The probationer whose working contract is terminated shall be subsidized by the public non-business unit with 01 month's salary, current allowance, and transportation fee to the place of residence.

Ngoc Nhi

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

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