05 things you should to know about probationary regime for public employees in Vietnam

05 things you should to know about probationary regime for public employees in Vietnam

1. Probationary period for public employees in Vietnam

In Article 21 of Decree 115/2020/ND-CP, the probationary regime is regulated 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 9 months;

+ 09 months in the case of professional positions requiring college training qualifications;

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

+ Maternity leave under the social insurance system, sick leave of 14 days or more, unpaid leave, temporary detention, custody, or temporary suspension from work as prescribed by law.The law does not count towards the probationary period.

In the event that 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 service unit where he/she is recruited as a public employee who is performing the probationary regime, this period is allowed. included in the training period.

Note:

- Failing to implement the probationary regime for those who have worked for a period of time with compulsory social insurance payment in accordance with the provisions of the Law on Social Insurance and are arranged to work in the right training industry or professional qualifications previously held, but the working time with social insurance premiums (if interrupted, cumulative) is equal to or greater than the probationary period corresponding to the probationary period of the professional title specified in Clause 2, Article 21 of Decree 115/2020/ND-CP.

In cases in which the probationary regime is not carried out, the head of the public service 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 service unit or to another public service unit. other public industries.

2. The scope of a public employee probation in Vietnam

- Apprenticeship content:

+ Understand the provisions of the law on public employees regarding public employees' rights and obligations, as well as what they are not permitted to do;

They have a solid understanding of the organizational structure, functions, tasks, and powers of the public service 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 and professional skills according to the requirements of the job position to be recruited;

+ Practice solving and performing the work of the recruited position.

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

The time spent participating in training and retraining courses must be factored into the time frame for implementing the probationary regime.

(Clause 3 and 4, Article 21 of Decree 115/2020/ND-CP).

3. Instructors for public employee probationary period in Vietnam

Instructors for public employee probationary period are specified in Article 22 of Decree 115/2020/ND-CP as follows:

- The public service unit is responsible for guiding the apprentice to master and practicing doing the jobs according to the requirements of the probationary period in Section 2.

- No later than five working days from the date the public employee comes to take the job, the head of the public service unit must issue a decision in writing to nominate the public employee to hold the same or higher professional title, have the capacity and professional experience to guide apprentices.

4. Regimes and benefits for apprentices and trainee instructors in Vietnam in Vietnam

Regimes and policies for apprentices and trainee instructors are specified in Article 23 of Decree 115/2020/ND-CP as follows:

- During the probationary period, the apprentice is entitled to 85% of the salary level 1 of the recruited professional title.

In the event that the apprentice has a master's degree suitable to the requirements of the job position he is recruiting for, the apprentice is entitled to 85% of the salary level 2 of the recruited professional title;

In the event that the apprentice has a doctorate degree suitable to the requirements of the recruitment position, the apprentice is entitled to 85% of the level 3 salary of the recruited professional title.

Allowances are enjoyed in accordance with the law.

- The apprentice is entitled to 100% of the salary and allowance of the professional title corresponding to the training level specified in Clause 1 of this Article in the following cases:

+ Working in areas with extremely difficult socio-economic conditions;

+ Working in hazardous and dangerous industries and occupations;

+ Full military service;

Obligation to join the people's police force;

Military officers, police officers, professional servicemen, cipher workers who change majors, graduates of officer training

reserve, graduated from the training of commanders of the commune-level military commands of the grassroots military branch, are conferred the rank of reserve officer who has registered for the rank of reserve officer, volunteer youth team member, intellectual member Children volunteering to participate in rural and mountainous development for a full 24 months or more have completed their tasks.

- The probationary period is not included in the salary review period.

- Apprentice instructors are entitled to a responsibility allowance coefficient equal to 0.3 of the base salary during the probationary period.

- During the probationary period, the probationary instructor and the apprentice are also entitled to bonuses and other welfare regimes (if any) according to the state's regulations and the regulations of the public service units.

5. Regulations governing the appointment of apprentices to professional titles of public employees after probationary period in Vietnam

- 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 21 of Decree 115/2020/ND-CP; Apprenticeship instructors are responsible for commenting and evaluating probation results for apprentices in writing. These documents are sent to the heads of public service units.

- Within 05 working days from the date of receipt of the probationer's report and comments and assessments of the apprentice instructor, the head of the public service unit assesses the political, ethical, and moral qualities and the trainee's work results. In case the probationer meets the requirements, the head of the public service unit shall decide according to his/her competence or send a written request to the competent agency managing the public service unit to decide on the appointment of a professional title and salary arrangement.

(Article 24 of Decree 115/2020/ND-CP)

6. Termination of apprentice employment contracts

Termination of a working contract for a probationer is specified in Article 25 of Decree 115/2020/ND-CP 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 service 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 Decree 115/2020/ND-CP.

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

Ngoc Nhi

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