Is the probationary period of a civil servant included in the period used for the salary review in Vietnam?

Is the probationary period of a civil servant included in the period used for the salary review in Vietnam? (Internet image)

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

1. Is the probationary period of a civil servant included in the period used for the salary review in Vietnam?

According to Article 22 of Decree 138/2020/ND-CP, benefits and policies for apprentices and instructors of civil servant probation are as follows:

- During the probationary period, the apprentice is entitled to 85% of the salary level 1 of the recruitment grade.

In case the apprentice has a master's degree suitable to the requirements of the job position to be recruited, he/she is entitled to 85% of the salary level 2 of the recruitment grade; in case the apprentice has a doctorate degree suitable to the requirements of the job position he is recruiting for, he/she is entitled to 85% of the salary level 3 of the recruitment grade. Allowances are enjoyed in accordance with the law.

- Apprentices are entitled to 100% of the salary and allowances of the recruitment grade corresponding to the training level specified in Clause 1, Article 22 of Decree 138/2020/ND-CP in the following cases:

+ Working in areas with extremely difficult socio-economic conditions;

+ Working in hazardous and dangerous industries and occupations;

+ Completing the military service, the obligation to join the people's police, military officers, public security officers, professional servicemen, cipher workers who change branches, graduates of reserve officer training, and commanders of commune-level military commands of grassroots military branches shall be conferred on the rank of reserve officer who has registered for the rank of reserve officer;

Volunteer youth members, young intellectuals who have volunteered to participate in rural and mountainous development for 24 months or more, have completed their tasks.

- The probationary period is not included in the salary review period.

- Civil servants who are assigned probationary guidance by agencies or organizations are entitled to a responsibility allowance coefficient equal to 0.3 compared to the base salary during the probationary period.

Thus, according to the above regulations, the time of civil servant probation will not be counted into the time of consideration for a salary increase.

2. Regulations on civil servant probation in Vietnam

Regulations on civil servant probation in Vietnam under Article 20 of Decree 138/2020/ND-CP are as follows:

- Persons who are recruited as civil servants must carry out the probationary regime to get used to the working environment and practice doing the jobs of the recruited positions.

- The training time is specified as follows:

+ 12 months in the case of recruitment into C-class civil servants;

+ 06 months in the case of recruitment into D-class civil servants;

+ Period of maternity leave under the social insurance regime, sick leave time of 14 days or more, time off without pay, or the time spent in temporary detention, custody, or temporary suspension from work as prescribed by law shall not be counted toward the probationary period.

In case the probationer takes sick leave or has a valid reason for less than 14 days but is approved by the head of the agency or unit where he/she is recruited as a civil servant who is performing the probationary regime.
This time will be counted towards the probationary period.

- Apprenticeship content:

+ Firmly grasp the provisions of the law on civil servants; master the organizational structure, functions, tasks, and powers of the working agency; the regulations and working regulations of the agency; and the responsibilities and tasks of the job position to be recruited;

+ Cultivate professional and professional knowledge and skills as required by the job position being recruited;

+ Practice solving and performing the work of the recruited position.

- During the period of implementation of the probationary regime, the head of the agency managing and employing civil servants must appoint a person conducting the probationary regime to participate in a state management refresher course to complete the criteria and conditions of the civil servant rank before appointment. The time to participate in the state management training course is included in the probationary period.

- Failing to 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, and are arranged to work according to the training lines and occupations;

Or according to the professional profession previously held, but the working time has paid compulsory social insurance (if interrupted, it will be accumulated) equal to or greater than the probationary period corresponding to the probationary period of the recruited rank specified in Clause 2, Article 20 of Decree 138/2020/ND-CP.

In cases where the probationary regime is not carried out, the head of the agency managing and employing civil servants must send him or her to participate in a training course on state management to complete the criteria and conditions of the civil servant rank before appointment.

- Failing to transfer, arrange, or assign work to the recruited person who is in the period of probationary period to another job position other than the one being recruited in the same agency, organization, unit, or another.

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