What is the duration of an officer's probationary period in Vietnam?

What is the duration of an officer's probationary period in Vietnam? (Internet image)

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

1. What is the duration of an officer's probationary period in Vietnam?

Specifically, in Clause 2, Article 21 of Decree 115/2020/ND-CP, the probationary period of public employees is prescribed as follows:

- 12 months in case of recruitment for professional titles that require university training qualifications. Particularly for the professional title of doctor, it is 09 months;

- 09 months in case of recruitment for professional titles that require college training qualifications;

- 06 months in case of recruitment for professional titles that require intermediate training qualifications.

- Period of maternity leave according to the social insurance regime, sick leave of 14 days or more, time of unpaid leave, time of temporary detention, custody, or temporary suspension of work according to the provisions of the law does not count towards the probationary period.

In case the probationer takes sick leave or has a valid reason for less than 14 days but is approved by the head of the public non-business unit where he/she is recruited as a public employee who is currently performing the probationary regime.
This time will be counted towards the probationary period.

2. Contents of an officer's probation in Vietnam

Pursuant to Clause 3, Article 21 of Decree 115/2020/ND-CP, the contents of probationary officers of public employees are as follows:

- Firmly grasp the provisions of the law on public employees on the rights and obligations of public employees and what they are not allowed to do; master the organizational structure, functions, tasks, and powers of the public non-business units where they work; the regulations and working regulations of the unit; the responsibilities, duties, and requirements of the position to be recruited;

- Cultivate knowledge and practice capacity, professional skills according to the requirements of the job position being recruited;

- Practice solving and performing the work of the job position to be recruited.

3. Policy towards probationary officers in Vietnam

According to Article 23 of Decree 115/2020/ND-CP, the regime and policies for apprentices and trainee instructors are 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;

+ Complete military service; obligation to join the people's police; military officers, police officers, professional servicemen, cipher workers, graduates of reserve officer training, graduates of commanders of commune-level military commands of grassroots military branches shall be conferred the rank of reserve officer who has registered for the rank of reserve officer, youth volunteers, young intellectuals who have volunteered to participate in rural and mountainous development for 24 months or more have completed their tasks.

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

- 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.

Ho Quoc Tuan

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