Is a Probationary Civil Servant Entitled to a Salary? How Long is the Probation Period?

How long is the probation period for an official?

According to Clause 2, Article 4 of the Law on Cadres and Officials 2008, amended by Clause 1, Article 1 of the Law on Cadres, Officials and Civil Servants 2019, the following regulations apply regarding officials:

Officials are Vietnamese citizens recruited and appointed to positions, job titles corresponding to their job positions within agencies of the Communist Party of Vietnam, the state, central socioeconomic organizations, provincial or district levels; within agencies or units of the People's Army that are not officers, professional soldiers, or national defense workers; within agencies or units of the Public Security that are not officers, non-commissioned officers under professional policies, or police workers, and who are on the payroll and receive salaries from the state budget.

Based on Clause 2, Article 20 of Decree 138/2020/ND-CP, the following provisions apply:

Probationary Regime

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2. The probation period is specified as follows:

a) 12 months for recruitment to official category C;

b) 06 months for recruitment to official category D;

c) Time off for maternity leave according to social insurance benefits, sick leave of 14 days or more, unpaid leave, time in temporary detention, custody, or suspension from work according to legal provisions do not count towards the probation period.

If a probationer takes sick leave or has a valid reason for less than 14 days, agreed upon by the head of the agency or unit where the probationer is employed, this time is counted towards the probation period.

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Therefore, the probation period for an official is regulated as follows:

- 12 months for recruitment to official category C- 06 months for recruitment to official category D

How are probationary officials paid?

Pursuant to Clauses 1 and 2, Article 22 of Decree 138/2020/ND-CP, the following provisions apply:

Regimes and Policies for Probationers and Their Instructors

1. During the probation period, the probationer is entitled to 85% of the salary of the first level of the recruitment grade. In case the probationer has a master's degree suitable for the recruitment position requirements, they are entitled to 85% of the salary of the second level of the recruitment grade. If the probationer has a doctorate suitable for the recruitment position requirements, they are entitled to 85% of the salary of the third level of the recruitment grade. Allowances are to be granted according to legal regulations.

2. The probationer is entitled to 100% of the salary and allowances of the recruitment grade corresponding to their training qualifications as specified in Clause 1 of this Article in the following cases:

a) Working in areas with especially difficult socioeconomic conditions;

b) Working in hazardous and dangerous occupations and trades;

c) Completing military service, participating in the public security service, military officers, police officers, professional soldiers released from service, those involved in cryptographic work moving to other sectors, graduates of reserve officer training, local military command ban chief graduates who have been conferred reserve officer rank and registered as reserve officers, youth volunteers, young intellectuals participating in rural and mountainous development for 24 months or more who have completed their missions.

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Thus, probationary officials are still paid during the probationary period as follows:

- Entitled to 85% of the salary of the first level of the recruitment grade.- Entitled to 85% of the salary of the second level of the recruitment grade if they have a master's degree suitable for the recruitment position requirements.- Entitled to 85% of the salary of the third level of the recruitment grade if they have a doctorate suitable for the recruitment position requirements.- Entitled to 100% of the salary and allowances of the recruitment grade corresponding to their training qualifications in the following cases:

+ Working in areas with especially difficult socioeconomic conditions.+ Working in hazardous and dangerous occupations and trades.+ Completing military service, participating in the public security service, military officers, police officers, professional soldiers released from service, those involved in cryptographic work moving to other sectors.+ Graduates of reserve officer training, local military command ban chief graduates who have been conferred reserve officer rank and registered as reserve officers.+ Youth volunteers, young intellectuals participating in rural and mountainous development for 24 months or more who have completed their missions.

How are probationary officials paid? How long is the probation period for an official? (Image from the Internet)

What is the latest process for appointing to the rank of official for those who complete their probationary policies in 2024?

According to Article 23 of Decree 138/2020/ND-CP, the process for appointing to the rank of official for those completing their probationary policies is stipulated as follows:

Appointment to the Rank of Official for Those Completing Probationary Policies

1. At the end of the probation period, the probationer must report the probation results in writing in accordance with the provisions of Clause 3, Article 20 of this Decree; the probation instructor must comment and evaluate the probation results of the probationer in writing. These documents are sent to the head of the official-using agency.

2. Within 05 working days from the date of receipt of the probationer’s report and the instructor’s comments and evaluation, the head of the official-using agency evaluates the political qualities, ethics, and work results of the probationer. If the probationer meets the requirements, the head of the official-using agency will make a written proposal to the head of the official-managing agency to decide on the appointment to the grade and salary arrangement for the recruited official.

According to the above regulations, the latest process for appointing to the rank of official for probationary officials in 2024 is as follows:

Step 1: The probationer reports on the results of the probation period

At the end of the probation period, the probationer must report the results of the probation period in writing covering the following:

- Mastering legal regulations on officials.- Understanding the organizational structure, functions, duties, and powers of the working agency.- Internal rules, working regulations of the agency and responsibilities, and duties of the recruited job position.- Enhancing knowledge and professional skills as required by the recruited job position.- Practicing solving and performing tasks of the recruited job position.

Step 2: The probation instructor must comment and evaluate the probation results of the probationer in writing.

Step 3: Send the written comments and evaluation on the probation results to the head of the official-using agency.

Step 4: The head of the official-using agency evaluates the political qualities, ethics, and work results of the probationer.

Step 5: Decision on the appointment of those completing probationary policies.

If the probationer meets the requirements, the head of the official-using agency will make a written proposal to the head of the official-managing agency to decide on the appointment to the grade and salary arrangement for the recruited official.