Regulations and policies for probationers and instructing officials in Vietnam

Regulations and policies for probationers and instructing officials in Vietnam (Image from the Internet)

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

1. Regulations and policies for probationers and instructing officials in Vietnam

According to Article 22 of Decree 138/2020/ND-CP on regulations and policies for probationers and instructing officials in Vietnam:

- During the probationary period, probationers are entitled to 85% of the salary at grade 1 of the recruitment position. In case the probationer has a master's degree suitable for the requirements of the recruitment position, they will be entitled to 85% of the salary at grade 2 of the recruitment position; in case the probationer has a doctoral degree suitable for the requirements of the recruitment position, they will be entitled to 85% of the salary at grade 3 of the recruitment position. Allowances are granted according to the provisions of the law.

- Probationers are entitled to 100% of the salary and allowances of the corresponding recruitment position's grade level in the following cases:

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

+ Working in hazardous and dangerous occupations;

+ Fulfilling military service obligations, obligations to participate in the people's public security, military officers, police officers, professional soldiers, personnel transferring to essential positions, graduates of reserve officer training, graduates of training for military command of commune-level military command branches, who have been awarded reserve officer ranks, and youth union members volunteering to participate in rural and mountainous development, with a minimum of 24 months of completion of tasks.

- The probationary period is not counted towards the period for salary increase evaluation.

- Officials who are assigned to mentor probationers by agencies and organizations are entitled to a responsibility allowance coefficient of 0.3 compared to the base salary during the probationer mentoring period.

2. Regulations on the probationary regime for officials

According to Article 20 of Decree 138/2020/ND-CP on the probationary regime for officials:

- Individuals recruited as officials must undergo the probationary regime to become familiar with the working environment and learn to perform the tasks of the recruited position.

- The probationary period is defined as follows:

+ 12 months for recruitment into Class C official positions;

+ 06 months for recruitment into Class D official positions;

+ The time for maternity leave under the social insurance regime, sick leave of 14 days or more, unpaid leave, temporary detention, custody, or suspension from work according to the provisions of the law shall not be counted towards the probationary period.

In case the probationer is on sick leave or has a valid reason for less than 14 days but is agreed upon by the head of the agency or unit where the probationer is recruited as a official, this time will be counted towards the probationary period.

- The contents of the probationary period include:

+ Mastering the legal regulations on officials; understanding the organizational structure, functions, tasks, and powers of the working agency; the internal rules and working regulations of the agency; and the duties and responsibilities of the recruited position;

+ Enhancing professional knowledge and skills according to the requirements of the recruited position;

+ Practicing problem-solving and performing tasks of the recruited position.

- During the probationary regime, the head of the management and utilization agency of officials must send personnel to participate in state management training courses to complete the standards and conditions of the civil service grade before appointment. The time spent attending state management training courses will be counted towards the probationary period.

- The probationary regime is not applicable to cases where individuals have had work experience with mandatory social insurance contributions according to the provisions of the Law on Social Insurance 2014, have been assigned to work in accordance with the previous training field or professional expertise, and have work experience with mandatory social insurance contributions (if there is any interruption, it will be accumulated) equal to or greater than the probationary period corresponding to the probationer grade specified in Article 20, Clause 2 of Decree 138/2020/ND-CP. In cases where the probationary regime is not applicable, the head of the management and utilization agency of officials must send personnel to participate in state management training courses to complete the standards and conditions of the civil service grade before appointment.

- It is not allowed to transfer, arrange, or assign individuals who are recruited as officials and are in the probationary period to other positions within the same agency, organization, or to other agencies, organizations, or units.

To Quoc Trinh

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