Vietnam: Do not transfer trainee officials to another working position

On November 27, 2020, the Government of Vietnam issued the Decree No. 138/2020/NĐ-CP of the Government of Vietnam on recruitment, employment and management of officials.

công chức tập sự, Nghị định 138/2020/NĐ-CP

According to Article 20 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, do not implement the probationary regime for those who have worked for a period of time with compulsory social insurance payment in accordance with the provisions of the Law on Social Insurance of Vietnam, are arranged to work in industry and training profession or according to the professional profession previously held, but the working time with compulsory social insurance payment (if interrupted, it will be accumulated) is equal to or greater than the probationary period corresponds to the probationary period of the rank to be recruited specified in Clause 2 of this Article. For cases where the probationary regime is not applied, the head of the agency managing and employing officials must send to participate in a training course on state management to complete the standards and conditions for the officials rank before completing the training course.

Concurrently, do not transfer, arrange or assign work to the recruits who are during the probationary period to a different job position than the recruited position in the same agency, organization or to another agency, organization or unit.

Moreover, according to Article 21 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, agencies employing officials are responsible for:

- Instructing apprentices to master and practice doing the jobs according to the requirements of the probationary contents specified in Clause 3 Article 20 of Decree No. 138/2020/NĐ-CP.

- Within 05 working days from the date the official arrives to receive the job, the head of the employing agency must appoint an official of the same or higher rank, having professional capacity and experience, to guide the apprentice.

View more details at the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, effective from December 01, 2020.

Le Vy

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