Secondment of Female Public Employee Nursing a Child Under 36 Months Old

Thu Ky Luat would like to address your inquiry as follows:

First, we need to understand what secondment is. According to the provisions of Article 36 of the Law on Public Employees 2010:"Secondment of a public employee refers to the assignment of a public employee from one public service provider to work at another agency, organization, or unit upon task requirements for a specified period. The head of the public service provider or the competent authority managing the public service provider shall decide on the secondment of the public employee."

In your case, current legislation stipulates that if you are raising a child under 30 months old, you will be given preference and will not be required to transfer to another school. To be specific:

Article 36. Secondment of public employees

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7. Female public employees who are pregnant or raising children under 36 months old are not subject to secondment.

To understand more about the secondment of public employees, you can refer to the following provisions:

- The secondment period shall not exceed 03 years, except for certain sectors and fields as prescribed by the Government of Vietnam.- Public employees sent on secondment must comply with the assignments, work, and management of the agency, organization, or unit to which they are seconded.- During the secondment period, the public service provider sending the public employee on secondment is responsible for ensuring the salary and other benefits of the public employee.- Public employees seconded to mountainous areas, border areas, islands, remote areas, ethnic minority areas, and areas with particularly difficult socio-economic conditions are entitled to support policies in accordance with the regulations of the Government of Vietnam.- At the end of the secondment period, the public employee shall return to work at the original unit. The head of the public service provider that seconded the public employee is responsible for receiving and assigning work to the public employee that ends the period of secondment in accordance with their professional skills and expertise.

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