Conditions for receiving postgraduate training for cadres, civil servants and public employees in Vietnam

Conditions for receiving postgraduate training for cadres, civil servants and public employees in Vietnam (Internet image)

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

1. Conditions for receiving postgraduate training for cadres, civil servants and public employees in Vietnam

Specifically, Article 6 of Decree 101/2017/ND-CP stipulates the conditions for receiving postgraduate training for cadres, civil servants and public employees as follows:

- A cadre or public official must satisfy the following conditions:

+ He/She has worked for full 03 years or more (exclusive of the probation period) and for 02 consecutive years of successfully completing his/her tasks before the time he/she is sent to undergo training;

+ He/She must not be older than 40 years from the time he/she is sent to undergo postgraduate training for the first time;

+ He/She must make a commitment to perform tasks or official duties at his/her authority or unit after completing the training program for a period of time which is 02 times longer than the training period;

+ His/Her major must be suitable for his/her working position.

- A public employee must satisfy the following conditions:

+ His/Her probation period (if any) is over;

+ He/She must make a commitment to perform tasks or work at his/her authority or unit after completing the training program for a period of time which is 02 times longer than the training period;

+ His/Her major must be suitable for his/her working position.

- Any cadre, public employee or public official sent to study under a program on cooperation with a foreign country which is concluded or acceded to on behalf of the State or Government of the Socialist Republic of Vietnam shall, in addition to satisfying the conditions specified in Clauses 1 and 2 of Article 6 of Decree 101/2017/ND-CP, satisfy other requirements of the cooperation program.

2. Cases of compensation for costs of training for cadres, civil servants and public employees in Vietnam 

Pursuant to Article 7 of Decree 101/2017/ND-CP, any cadre, public employee or public official sent to undergo training at intermediate level covered by the state budget or funding of the authority managing or employing him/her must compensate for the training costs in either of the following cases:

- He/She drops out or quits his/her job without permission or unilaterally terminates the employment contract during the training period.

- He/She is not granted a graduation diploma by the training institution.

- He/She has completed the training course and obtained a graduation diploma but has quitted his/her job or unilaterally terminated the employment contract prior to fully serving for the committed period prescribed in Article 5 or 6 of Decree 101/2017/ND-CP.

3. Compensation and calculation of compensation for costs of training for cadres, civil servants and public employees in Vietnam 

Article 8 of Decree 101/2017/ND-CP stipulates compensation and calculation of compensation for costs of training for cadres, civil servants and public employees in Vietnam as follows:

- Compensation includes tuition fees and other expenditures serving the training course, excluding salary and other allowances (if any).

- Calculation of compensation:

+ Regarding the cases prescribed in Clauses 1 and 2 Article 7 of this Decree, the cadre, public official or public employee must pay 100% of compensation;

+ Regarding the cases prescribed in Clause 3 Article 7 of this Decree, the compensation shall be calculated using the following formula:

Where:

- S is the compensation;

- F is the total training costs actually paid by the authority or unit sending the cadre, public official or public employee to study to 01 person joining a training course;

- T1 is the required length of service after completion of a course (or courses), which is the rounded number of months;

- T2 is the length of service after the training, which is the rounded number of months.

For example: Mr. A is sent to undergo postgraduate training for 02 years (+ 24 months). The training cost is VND 30 million. As committed, Mr. A is required to serve for at least 48 months after completing the training. After graduation, Mr. A has served in his authority for 24 months. Then, Mr. A quits his job without permission. The training cost to be compensated by Mr. A is:

Ho Quoc Tuan

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