Summary of the latest cases of public employee probation exemption in Vietnam

Summary of the latest cases of public employee probation exemption in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Public employee probationary period in Vietnam

The public employee probationary period is prescribed as follows:

- 12 months in case of recruitment to a professional position that requires university education standards. Particularly for the professional title of doctor, it is 9 months;

- 09 months for recruitment into professional positions that require college education standards;

- 06 months for recruitment into professional positions that require intermediate training standards.

- Maternity leave under social insurance, sick leave of 14 days or more, unpaid leave, detention, detention, temporary suspension from work according to the provisions of law, it is not included in the probationary period.

In case the probationer takes sick leave or has a legitimate reason for less than 14 days with the consent of the head of the public service unit where the person is recruited as an employee who is implementing the probationary regime, this time is counted as the probationary period.

Note: During the implementation of the probationary regime, public service units that manage and employ public employees must send public employees to participate in training and refresher courses to complete the standards and conditions of professional titles before appointment. The time spent participating in training and refresher courses is counted as time spent implementing the probationary regime.

2. Content of public employee probation

The content of a public employee internship includes:

- Firmly grasp the provisions of the public employee law on the rights and obligations of public employees and the things public employees are not allowed to do; Master the organizational structure, functions, tasks, and powers of the public service unit where you work; the internal rules and working regulations of the unit; the responsibilities, tasks, and requirements of the recruited job position;

- Cultivate knowledge and practice capacity, professional skills, and expertise according to the requirements of the recruited job position;

- Practice solving and performing the tasks of the recruited job position.

3. Summary of the latest cases of public employee probation exemption

Cases of recruitment as public employees do not have to undergo a probationary regime if the following conditions are met:

- Being assigned to work in accordance with the specialized training and according to the expertise and skills of the previous job;

- The period of previous professional and professional work undertaken in accordance with the provisions of law, with compulsory social insurance payment (if not continuous, it will be accumulated); equal to or greater than the corresponding probationary period, according to regulations.

In case the conditions at point a are met but the time specified at point b is not enough, the time worked will be deducted from the probationary period according to regulations.

For cases where you do not have to implement the probationary regime, you will receive 100% of your salary and allowances (if any). The head of a public service unit must nominate public employees to participate in a training course to perfect the standards and conditions of the public employee's professional title before appointment.

Note: Do not assign work to recruits who are in the probationary period to a job position other than the position recruited in the same public service unit or to another public service unit.

Legal basis: Article 21 of Decree 115/2020/ND-CP, amended in Decree 85/2023/ND-CP.

Ho Quoc Tuan

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