Official’s apprenticeships in Vietnam: Important things apprentices need to know

According to the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, people recruited into officials must carry out the probationary regime to familiarize themselves with the working environment and practice doing the jobs of the recruited positions. Apprentices should note the followings:

1. Officials training period

According to Clause 2 Article 20 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, officials training period are as follows:

- 12 months for the case of recruitment into C-class officials;

- 06 months in the case of recruitment into D-class officials;

- Period of maternity leave under the social insurance regime, sick leave time of 14 days or more, time off without pay, time spent in temporary detention, custody or temporary suspension from work as prescribed by law shall not be counted into 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 an official who is performing the probationary regime, this time will be counted towards the probationary period. This is a new provision of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government. Before, according to the Decree No. 24/2010/NĐ-CP of Vietnam’s Government:

The maternity leave under the social insurance regime and the absence duration due to sickness, detention, custody or work suspension under law may not be counted in the probation duration.

Note:

- During the implementation of the probationary regime, the head of the agency that manages and employs officials must appoint a person conducting the probationary regime to participate in a state management refresher course to complete the criteria and conditions of the official’s rank before appointment. The time to participate in the state management training course is included in the probationary period.

- Do not transfer, arrange or assign work to the recruited person who is in the process of implementing the probationary regime to a working position which is different from the position recruited in the same agency, organization or to another agency, organization or unit.

2. Contents of officials training

According to Clause 2 Article 20 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, contents of officials training include:

- Firmly grasp the provisions of the law on officials; master the organizational structure, functions, tasks and powers of the working agency; regulations and working regulations of the agency and the responsibilities and tasks of the job position to be recruited;

- Cultivate professional and professional knowledge and skills as required by the job position being recruited;

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

3. Cases that official’s probation regime is not applied

According to Clause 5 Article 20 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, do not 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 of Vietnam, are arranged to work according to the training lines or professions or in accordance with the professional expertise previously held but the working time with compulsory social insurance payment (if interrupted, it will be accumulated) is equal to or greater than the probationary period corresponding to the probationary period of the rank to be recruited mentioned in Section 1.

Note: In cases where the probationary regime is not performed, the head of the agency managing and employing officials must send him or her to participate in a training course on state management to complete the criteria and conditions of the official’s rank before appointment.

4. Regimes and policies for officials trainees

The salary of officials trainees is guided as follows:

- During the probationary period, the apprentice is entitled to 85% of the salary level 1 of the recruitment grade.

+ In case the apprentice has a master's degree suitable to the requirements of the job position to be recruited, he/she is entitled to 85% of the salary level 2 of the recruitment grade;

+ In case the apprentice has a doctoral degree suitable to the requirements of the job position to be recruited, he or she is entitled to 85% of the salary level 3 of the recruitment rank. Allowances are enjoyed in accordance with the law.

- Apprentices are entitled to 100% of the salary and allowances of the recruitment ranks corresponding to the above-mentioned training qualifications in the following cases:

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

+ Working in hazardous and dangerous industries and occupations;

+ Having completed the military service, the obligation to join the People's Police, military officers, police officers, professional servicemen, cipher workers changing 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 from full 24 months or more have completed their tasks.

Note: The probationary period is not included in the salary review period.

Above are some important notes on official’s apprenticeships specified in Decree No. 138/2020/NĐ-CP of Vietnam’s Government,, which will officially take effect from December 01, 2020.

Thuy Tram

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE