Do civil servants and public employees have to make a commitment when receiving postgraduate training in Vietnam?

Do civil servants and public employees have to make a commitment when receiving postgraduate training in Vietnam? (Internet image)

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

1. Do civil servants and public employees have to make a commitment when receiving postgraduate training in Vietnam?

According to Article 6 of Decree 101/2017/ND-CP, conditions for receiving postgraduate training for civil servants and public employees in Vietnam include:

- 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.

Thus, cadres, civil servants and public employees when receiving postgraduate training in Vietnam must sign the commitment in accordance with the above provisions.

2. Regulations on the establishment of postgraduate training compensation council for cadres, civil servants and public employees in Vietnam

Regulations on the establishment of postgraduate training compensation council for cadres, civil servants and public employees in Vietnam according to Article 11 of Decree 101/2017/ND-CP are as follows:

- Every authority managing cadres, public officials and public employees or authority or unit delegated to manage cadres, public officials and public employees shall establish a compensation council.

- A compensation council shall be composed of:

+ 01 senior representative of the Department (Division) of Personnel and Organization, Department of Home Affairs or authority or unit delegated to manage cadres, public officials and public employees, who is the Chairperson of the Council;

+ 01 public official or public employee in charge of training and refresher training  of the Department (Division) of Personnel and Organization, Department of Home Affairs or authority or unit delegated to manage cadres, public officials and public employees, who is the Secretary of the Council;

+ 01 representative of the trade union of the unit employing cadres, public officials and public employees;

+ 01 representative of the finance – accounting department of the authority paying for courses;

+ 01 senior representative of the unit employing cadres, public officials and public employees.

3. Meeting of the postgraduate training compensation council for cadres, civil servants and public employees in Vietnam

The meeting of postgraduate training compensation council for cadres, civil servants and public employees in Vietnam according to Article 12 of Decree 101/2017/ND-CP is as follows:

- Chairperson of the Council shall hold compensation meetings. A meeting is only held if all members of the Council attend.

- Procedures:

+ The Secretary shall announce the decision on establishment of the Council;

+ The Chairperson shall state the tasks and working process of the Council;

+ The Secretary shall read regulations on compensation for training costs;

+ The senior representative of the unit employing cadres, public officials and public employees shall report the last performance of the cadre, public official or public employee;

+ The representative of the finance – accounting department of the paying authority shall report costs of the course and determine cases in which the training cost must be compensated as prescribed in Article 7 of Decree 101/2017/ND-CP;

+ The Council shall discuss the cases and compensation.

- The Council’s proposal for compensation shall be made in writing and sent to the head of the authority managing such cadre, public official or public employee or authority or unit delegated to manage such cadre, public official or public employee within 3 working days from the end of the meeting.

- The funding for organizing the meeting shall be covered by training and refresher training funding of the authority managing the cadre, public official or public employee.

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