Vietnam: Supplementing conditions for probation exemption for officials and public employees from 2019

11:26, 05/08/2019

This continues to be one of the notable contents of Decree No. 161/2018/NĐ-CP of Vietnam’s Government providing amendments to regulations on recruitment of officials and public employees, paygrade advancement for officials, rank promotion for public employees, and conclusion of contracts for performance of tasks of administrative agencies and public service units.

Specifically, according to Clause 12 Article 1 of Decree No. 161/2018/NĐ-CP of Vietnam’s Government amending Clause 4 Article 20 of Decree No. 24/2010/NĐ-CP, Clause 11 Article 2 Decree No. 161/2018/NĐ-CP amending Clause 5 Article 20 of Decree No. 29/2012/NĐ-CP, from January 15, 2019, an official shall be exempted from probation if he/she is appointed to 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 specified below:

- Officials:

+ 12 months for type-C officials;

+ 06 months for type-D officials;

- Public employees:

+ 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.

Previously, Decree No. 24/2010/NĐ-CP and Decree No. 29/2012/NĐ-CP of Vietnam’s Government only stipulated that probation is not required for those whose working duration with compulsory social insurance payment is equal to or longer than the probation duration.

Thus, according to Decree No. 161/2018/NĐ-CP of Vietnam’s Government, in addition to the condition of working time with compulsory social insurance payment equal to or greater than the probationary period, the person exempted from probation must also be arranged to work in the right industry or profession or in the same professional profession as previously held.

Nguyen Trinh

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