Do the sick leave days of public servants during their probationary period count towards the probationary period in Vietnam?

Do the sick leave days of public servants during their probationary period count towards the probationary period in Vietnam?

According to Clause 2 Article 20 of Decree 138/2020/ND-CP, the probationary period for public servants is as follows:

2. The probationary period for public servants is as follows

a) 12 months for those who are recruited to positions classified as Class C;

b) 6 months for those who are recruited to positions classified as Class D;

c) The following periods are not counted towards the probationary period: Maternity leave according to the social insurance regime; Sick leave from 14 days or more; Unpaid leave; Arrest, detention, or temporary detention;

In case the probationer takes 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 recruited as a civil servant is implementing the probationary regime, this period of time is counted as the probationary period.

Therefore, if you take sick leave for 1 month or more, the time you take off will not be counted towards your probationary period. However, if you take sick leave for less than 14 days and have a medical certificate from a hospital, and the head of your unit agrees, then the time you take off will still be counted towards your probationary period.

Do the probationary periods of public servants count towards the time for considering salary increase in Vietnam?

According to Article 22 of Decree 138/2020/ND-CP, the regulations on the benefits for trainees and their mentors are as follows:

1. During the probationary period, trainees are entitled to 85% of the first grade salary of the recruiting grade. If the trainee has a master's degree that meets the requirements of the position, they are entitled to 85% of the second grade salary of the recruiting grade; if the trainee has a doctoral degree that meets the requirements of the position, they are entitled to 85% of the third grade salary of the recruiting grade. The allowances are paid according to the law.

2. Trainees are entitled to 100% of the salary and allowances of the recruiting grade corresponding to the level of education specified in Clause 1 of this Article in the following cases:

a) Working in areas with extremely difficult socio-economic conditions;

b) Working in hazardous and dangerous industries and occupations;

c) Having completed military service, compulsory public security service, military officers, police officers, demobilized professional soldiers, people who have transferred from the field of cryptography, graduates of reserve officer training, graduates of commune military command chief training in the field of basic military science who have been awarded the reserve officer rank and have registered for the reserve officer rank, youth volunteer team members, youth volunteer team members to participate in the development of rural areas and mountains for at least 24 months have completed their tasks.

3. The probationary period is not counted towards the time for considering salary increase.

4. Public servants assigned by the agency or organization to mentor trainees are entitled to a responsibility allowance of 0.3 times the basic salary during the mentoring period.

Therefore, the probationary period for public servants will not be counted towards the time for considering salary increase as stipulated by law.

What are regulations on appointment to the civil service grade regarding public servants who have completed the probationary period in Vietnam?

According to Article 23 of Decree 138/2020/ND-CP, the regulations on the appointment to the civil service grade for those who have completed the probationary period are as follows:

1. At the end of the probationary period, the trainee must submit a written report on the results of the training, in accordance with the contents specified in Clause 3, Article 20 of this Decree. The mentor must also submit a written evaluation of the trainee's performance. These documents must be sent to the head of the government agency or organization that employs the public servant.

2. Within 05 working days from the date of receipt of the report of the trainee and the evaluation of the mentor, the head of the government agency or organization that employs the public servant must assess the political qualities, ethics, and work results of the trainee. In the event that the trainee meets the requirements, the head of the government agency or organization that employs the public servant must submit a written proposal to the head of the government agency or organization that manages public servants to decide on the appointment to the civil service grade and the salary for the public servant who was recruited.

The above are the legal regulations on the appointment to the civil service grade for public servants who have completed the probationary period.

Best regards!