Do civil servants sent to undergo training have to compensate for the training costs when they voluntarily drop out of school in Vietnam?

Do civil servants sent to undergo training have to compensate for the training costs when they voluntarily drop out of school in Vietnam? (Internet image) 

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

1. Do civil servants sent to undergo training have to compensate for the training costs when they voluntarily drop out of school in Vietnam?

According 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.

Thus, civil servants sent to undergo training at intermediate level or higher covered by the state budget or funding of the authority managing or employing him/her must compensate for training costs if they voluntarily drop out of school.

2. Persons eligible and conditions for receiving intermediate-, college- and university- level training in Vietnam

- Communal-level public officials and employees must be ethnics or work in mountainous communes, border communes, islands, remote and isolated areas, ethnic minorities areas and extremely disadvantaged areas, and make a commitment to perform tasks or official duties at their authorities and units after completing the training program for a period of time which is 02 times longer than the training period.

- Any person in Clause 1 of Article 5 of Decree 101/2017/ND-CP sent to study under a cooperation program with a foreign country which is concluded or acceded to on behalf of the State of the Socialist Republic of Vietnam shall, in addition to satisfying the conditions specified in Clause 1 of Article 5 of Decree 101/2017/ND-CP, satisfy other requirements of the cooperation program.

(Article 5 of Decree 101/2017/ND-CP)

3. Conditions for receiving postgraduate training

According to Article 6 of Decree 101/2017/ND-CP regulating postgraduate training conditions 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.

Nguyen Ngoc Que Anh

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