Regimes and policies for apprentices and instructors in Vietnam

Regimes and policies for apprentices and instructors in Vietnam (Internet image) 

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

1. Regimes and policies for apprentices and instructors in Vietnam

Specifically, Article 23 of Decree 115/2020/ND-CP stipulates the regimes and policies for trainees and instructors of public employees' probation as follows:

- During the probationary period, the apprentice is entitled to 85% of the salary level 1 of the recruited professional title.

In case the apprentice has a master's degree suitable to the requirements of the job position he is recruiting for, the apprentice is entitled to 85% of the salary level 2 of the recruited professional title; in case the apprentice has a doctorate degree suitable to the requirements of the job position he is recruiting for, the apprentice is entitled to 85% of the level 3 salary of the recruited professional title.

Allowances are enjoyed in accordance with the law.

- The apprentice is entitled to 100% of the salary and allowance of the professional title corresponding to the training level specified in Clause 1, Article 23 of Decree 115/2020/ND-CP in the following cases:

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

+ Working in hazardous and dangerous industries and occupations;

+ Completing military service; obligation to join the people's police; military officers, police officers, professional servicemen, cipher workers, graduates of reserve officer training and commanders of commune-level military commands of grassroots military branches are conferred the rank of reserve officer who have registered for the rank of reserve officer, volunteer youth team members; young intellectual team members who have volunteered to participate in rural and mountainous development for 24 months or more and have completed the task.

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

- Apprentice instructors are entitled to a responsibility allowance coefficient equal to 0.3 of the base salary during the probationary period.

- During the probationary period, the probationary instructor and the apprentice are also entitled to bonuses and other welfare regimes (if any) according to the State's regulations and the regulations of the public non-business units.

2. Regulations on appointment to professional titles of public employees and apprentices in Vietnam

Pursuant to Article 24 of Decree 115/2020/ND-CP stipulating the appointment to the professional title of public servant for trainees after the probationary period expires as follows:

- At the end of the probationary period, the probationer must report the probation results in writing according to the contents specified in Clause 3, Article 21 of Decree 115/2020/ND-CP; Apprenticeship instructors are responsible for commenting and evaluating probation results for apprentices in writing. These documents are sent to the heads of public non-business units.

- Within 05 working days from the date of receiving the probationer's report and the probationer's comments and assessments, the head of a public service unit evaluates the political, ethical, and work results of the apprentice.

In case the probationer meets the requirements, the head of the public non-business unit shall decide according to his/her competence or send a written request to the competent agency managing the public non-business unit to decide on the appointment of professional titles and salary arrangements for the recruited public employees.

3. Provisions on termination of employment contracts for apprentices in Vietnam

Termination of a working contract for a probationer is specified in Article 25 of Decree 115/2020/ND-CP as follows:

- An apprentice shall have his/her working contract terminated and his/her recruitment decision canceled when he/she fails to meet the requirements after the probationary period or commits violations to the extent that disciplinary action must be considered in accordance with the law.

- Heads of public non-business units terminate working contracts and report to agencies or units competent to recruit public employees to cancel recruitment decisions in the cases specified in Clause 1, Article 25 of Decree 115/2020/ND-CP.

- The probationer whose working contract is terminated shall be subsidized by the public non-business unit with 01 month's salary, current allowance and transportation fee to the place of residence.

Ho Quoc Tuan

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