Vietnam: Cases where the recruited public employee shall be exempted from probation regime

According to Clause 1 Article 27 of the Law on Public Employees of Vietnam, a recruited public employee must undergo the probation regime, except those who have at least full 12 months of performing professional work relevant to the working positions for which they are recruited.

According to Clause 11 Article 2 Decree No. 161/2018/NĐ-CP of Vietnam’s Government amending Clause 2 Article 20 of Decree No. 29/2012/NĐ-CP, probation periods of public employees are stipulated as follows:

- 12 months for a person holding the professional title whose holder must possess a higher education qualification.  Particularly, the probation period of a doctor is 09 months;

- 09 months for a person holding the professional title whose holder must possess an associate degree;

- 06 months for a person holding the professional title whose holder must possess an intermediate professional education diploma.

Decree No. 161/2018/NĐ-CP also states clearly that a public employee shall be exempted from probation if he/she is appointed to the working position related to his/her training discipline or previous working position and his/her working period with compulsory social insurance contributions made (working periods for which the payment of compulsory social insurance contributions is interrupted shall be also accumulated) is equal or longer than the probation period prescribed above.

Concurrently, according to Clauses 1, 2 Article 10 of Circular No. 15/2012/TT-BNV of the Ministry of Home Affairs of Vietnam, each successful candidate meeting all following requirements shall be exempt from probation:

- He/she has working experience in the field related to the vacancy and has paid compulsory social insurance for 12 months or longer;

- During the period prescribed in Point a Clause 1 of this Article, he/she has performed tasks in conformity with the vacancy's requirements.

Notably, any successful candidate having paid compulsory social insurance but not meeting all requirements prescribed above must participate in a probationary period.

Nguyen Trinh

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