Ms. Nguyen Thi Cam (character's name has been changed) said that Mr. Nguyen Van A has a University degree in Land Management and was recruited as a civil servant in the Department of Land - Agriculture - Construction - Environment of the commune.
Previously, with an Intermediate level of Geodesy - Land Administration, Mr. A worked for more than 5 years as an employee performing the work of registering and issuing certificates of land use rights and house ownership rights (from July 2018 to April 2024) at the Land Use Rights Registration Office, with compulsory social insurance.
"Thus, is Mr. A eligible to be exempted from the probationary regime according to the provisions of Clause 13, Article 1 of Decree 116/2024/ND-CP dated September 17, 2024 of the Government amending and supplementing a number of articles of Decree 138/2020/ND-CP dated November 27, 2020 regulating the recruitment, use and management of civil servants?" - Ms. Cam wondered.
Regarding the reflection and recommendation of Ms. Nguyen Thi Cam, the Ministry of Home Affairs has responded on the Electronic Information Portal.
Accordingly, the probation of commune-level civil servants is implemented according to the provisions of Clause 15, Article 13 of Decree No. 33/2023/ND-CP dated June 10, 2023 of the Government on commune-level cadres, civil servants and non-professional workers at the commune level, in villages and residential groups; Clause 5, Article 20 of Decree No. 138/2020/ND-CP dated November 27, 2020 of the Government on recruitment, use and management of civil servants (amended and supplemented in Decree No. 116/2024/ND-CP dated September 17, 2024).
Accordingly, those recruited to serve as commune-level civil servants do not have to undergo probation if they meet the following conditions:
(1) Be assigned to work in the correct field, profession and in the correct expertise and profession previously held;
(2) The previous working time in professional and technical work performed in accordance with the provisions of law, with compulsory social insurance payment (if not continuous, it can be accumulated) is equal to or greater than the probationary period corresponding to the probationary period of the recruited position.
