Case of exemption from the probationary regime for commune-level civil servants in Vietnam

Case of exemption from the probationary regime for commune-level civil servants in Vietnam (Internet image)

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

1. Case of exemption from the probationary regime for commune-level civil servants in Vietnam

Cases exempted from the probationary regime for commune-level civil servants according to Article 8 of Circular 13/2019/TT-BNV are as follows:

- Persons recruited into the title of commune-level civil servant: Office - statistics; Cadastral - construction - urban and environment (for wards and townships) or Cadastral - agriculture - construction and environment (for communes); Accouting financial; Justice - civil status; Socio-cultural, exempt from the probationary regime when fully meeting the following conditions:

+ Having worked for which the compulsory social insurance payment is equal to or greater than the probation period specified in Clause 2, Article 22 of Decree 112/2011/ND-CP, which corresponds to the title of commune-level civil servant recruited:

The probationary period and benefits during the probationary period comply with the provisions of Point c, Clause 2, Article 5 of Decree 92/2009/ND-CP  on titles, quantity, and a number of regimes and policies for cadres and civil servants in communes, wards, and townships, as well as those working part-time at commune level.

+ During the period of work with payment of compulsory social insurance as prescribed, the recruited commune-level civil servant has performed jobs suitable to the tasks of the recruited commune-level civil servant title.

- For civil servants working in communes (mountainous, highland, border, island, island communes, deep-lying areas, remote areas, ethnic minority areas, areas with extremely difficult socio-economic conditions), the probationary period is entitled to 100% of the starting salary level according to the training level.

The probationary period is not included in the period of salary increase consideration.

- Persons who are recruited as commune-level civil servants if they do not fully meet the conditions specified in Clause 1, Article 8 of Circular 13/2019/TT-BNV, must perform the probationary regime; The time when the recruited person has done the jobs specified at Point b, of Clause 1 of Article 8 of Circular 13/2019/TT-BNV (if any) is counted in the probationary period.

2. Probationary regime for commune-level civil servants in Vietnam

The probationary regime for commune-level civil servants, according to Article 22 of Decree 112/2011/ND-CP, is as follows:

- Persons who are recruited as commune-level civil servants must carry out the probationary regime in order to get used to the working environment and practice doing the jobs of the recruited civil servant title.

- The probationary period and benefits during the probationary period shall comply with the provisions of Point c, Clause 2, Article 5 of Decree 92/2009/ND-CP on titles, quantity, a number of regimes, and policies for cadres and civil servants in communes, wards, and townships, and those working part-time at commune level.

- Probation content:

+ Firmly grasp the provisions of the Law on Cadres and Civil Servants on the rights and obligations of civil servants, and what civil servants are not allowed to do; master the organizational structure, functions, tasks, powers, rules, and working regulations of the commune-level People's Committee where they are working and the responsibilities and duties of the recruited civil servant titles;

+ Cultivate professional and professional knowledge and skills as required by the recruited civil servant title;

+ Practice solving and performing the tasks of the recruited civil servant title.

- Not performing the probationary regime for:

+ Those who have worked with compulsory social insurance contributions equal to or greater than the probationary period specified in Clause 2, Article 22 of Decree 112/2011/ND-CP;

+ Communal-level military commanders and commune-level police chiefs.

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