Regulations on civil servant probation in Vietnam

Regulations on civil servant probation in Vietnam (Internet image)

1. Regulations on civil servant probation in Vietnam

According to Article 20 of Decree 138/2020/ND-CP, the civil servant probation is as follows:

- Persons who are recruited into civil service must carry out the probationary regime to get used to the working environment and practice doing the jobs of the recruited positions.

- The training time is specified as follows:

+ 12 months in the case of recruitment into C-class civil servants;

+ 06 months in the case of recruitment into D-class civil servants;

+ The period of maternity leave under the social insurance regime, the period of sick leave of 14 days or more, the time of unpaid leave, and the 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 a civil servant who is performing the probationary regime, this time will be counted towards the probationary period.

- Probation content:

+ Firmly grasp the provisions of the law on civil servants; master the organizational structure, functions, tasks, and powers of the working agency; the 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 recruited position.

- During the period of implementation of the probationary regime, the head of the agency managing and employing civil servants must appoint a person conducting the probationary regime to participate in a state management refresher course to complete the criteria and conditions of the civil servant rank before appointment.

The time to participate in the state management training course is included in the probationary period.

- Failing to implement the probationary regime for those who have worked for a period of time with compulsory social insurance contributions in accordance with the provisions of the Law on Social Insurance;

Being arranged to work in the right industry, training profession, or in accordance with the professional profession previously held for which the working time has paid compulsory social insurance (if interrupted, it will be accumulated) equal or greater than the probationary period corresponding to the probationary period of the recruited rank specified in Clause 2, Article 20 of Decree 138/2020/ND-CP.

In cases where the probationary regime is not carried out, the head of the agency managing and employing civil servants must send him or her to participate in a training course on state management to complete the criteria and conditions of the civil servant rank before appointment.

- Not mobilizing, arranging, or assigning work for the recruited person who is in the process of performing the probationary period to move to a different job position than the recruited position in the same agency or organization or to another agency, organization, or unit.

2. Responsibilities of agencies employing civil servants under probationary guidance in Vietnam

The responsibilities of the agency employing civil servants in the probationary period according to Article 21 of Decree 138/2020/ND-CP are as follows:

- Instructing apprentices to master and practice doing tasks according to the requirements of the probationary contents specified in Clause 3, Article 20 of Decree 138/2020/ND-CP:

+ Firmly grasp the provisions of the law on civil servants; master the organizational structure, functions, tasks, and powers of the working agency; the 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 recruited position.

- Within 05 working days from the date the civil servant arrives to receive the job, the head of the employing agency must appoint a civil servant of the same or higher rank, having professional competence and experience, to guide the apprentices.

Quoc Dat

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