Update of Decree 101/2017/ND-CP on training and retraining for Vietnamese official and public employee

Decree 101 introduces many new regulations, notably as follows:

Enhancing training levels for commune-level officials who are ethnic minorities

Commune-level officials who are eligible for vocational, college, and university training are ethnic minorities or those working in mountainous, border, island, remote, ethnic minority, and economically - socially disadvantaged areas, and they must commit to performing duties in their agencies or units for at least twice the training period after completing the program.

Unlike the current regulations, training level regulations apply only to officials who have been appointed to ranks or leadership positions that do not meet the training standard requirements or when agencies or units are organized and restructured.

Relaxing postgraduate training conditions

Civil servants are allowed to participate in postgraduate training if they meet the following conditions:

- Have at least 3 years of working experience (excluding the probation period) instead of 5 years as currently stipulated;- Have continuously completed their duties well for 2 consecutive years prior to the time of being sent for training, instead of at least 3 consecutive years of good performance as stipulated;- Not more than 40 years old from the time of being sent for the first training;- Commit to continuing their duties for at least twice the training period after completing the program, instead of three times as currently stipulated.

Thus, compared to current regulations, the conditions for civil servants to participate in postgraduate training have been relaxed.

Reimbursement of training costs if a graduation diploma is not awarded

Decree 101 adds a case for reimbursement of training costs when officials and public employees sent for training are not awarded graduation diplomas by the training institution.

Guidance on calculating reimbursement costs

This is a new regulation added in Decree 101. Officials and public employees must reimburse 100% of the training costs if they:

- Arbitrarily quit school, quit their job, or unilaterally terminate the employment contract during the training period;- Are not awarded graduation diplomas by the training institution.

If Vietnamese officials and public employees have completed the program and been awarded a graduation diploma but quit their job or unilaterally terminate the employment contract without serving the committed time, the reimbursement costs are calculated by the following formula:

Decree 101/2017/ND-CP takes effect from October 21, 2017, and simultaneously repeals Articles 32, 33, 34, 35, and 36 of Decree 29/2012/ND-CP.

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