Vietnam: How long is the probation period for individuals recruited as officials?

How long is the probation period for individuals recruited as public employees? (Illustration)

According to Article 21 Decree 115/2020/ND-CP, the probationary regime for newly recruited public employees is regulated as follows:

1. A recruited public employee must undergo a probationary period to familiarize themselves with the work environment and get accustomed to the tasks of the recruited position.

2. The probationary period is specified as follows:

• 12 months for positions requiring a university degree. For the job title of a doctor, it is 09 months;

• 09 months for positions requiring a college degree;

• 06 months for positions requiring an intermediate degree.

• The duration of maternity leave as per social insurance regulations, sick leave of 14 days or more, unpaid leave, periods of detention, temporary custody, and temporary suspension of work as regulated by law are not counted into the probationary period.

In cases where the probationer takes sick leave or has justified reasons for less than 14 days and is approved by the head of the public non-business unit where the probationary period is being carried out, this period is counted in the probationary period.

3. During the probationary period:

• Understand the legal regulations concerning offi' rights and obligations, the activities they are prohibited from performing; understand the organizational structure, functions, tasks, and powers of the public non-business unit where they work; internal rules, and working policies of the unit; responsibilities, duties, and requirements of the recruited job position;

• Enhance knowledge, and improve skills, expertise, and professionalism according to the requirements of the recruited job position;

• Practice solving and performing tasks related to the recruited job position.

4. During the probationary period, the managing public non-business unit must assign a civil servant to participate in training and courses to meet the standards and conditions of the job title before appointment. The training period counts towards the probationary period.

5. The probationary regime does not apply to those who have already spent time working with mandatory social insurance contributions according to the Social Insurance Law, are assigned to work in the same discipline, trained profession, or previously performed professional duties where the working period with social insurance contributions (if discontinuous, then cumulative) is equal to or longer than the corresponding probationary period of the recruited job title. For cases where the probationary regime is not applied, the head of the public non-business unit must assign the civil servant to a course to meet the job title standards and conditions before appointment.

6. It is not permitted to reassign or reappoint probationary public employees to different job positions within the same public non-business unit or transfer them to another public non-business unit during their probationary period.

Details can be found in Decree 115/2020/ND-CP, effective from September 29, 2020.

Thuy Tram

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