As a part-time worker at the commune and ward level (in charge of Documents, Archives - Treasurer), in February 2019, Mr. Nguyen Hoang Minh (character's name has been changed) was downsized.
After that, Mr. Minh worked as a contract employee of the Cultural Center. In September 2022, he was recruited to be in charge of the position of Secretary, Archives - Treasurer.
In August 2024, he was recruited as an Office - Statistics civil servant. His professional qualification is a university degree in administration, the cumulative social insurance payment period is about 10 years; the social insurance payment coefficient is 1.0.
"I contacted the Department of Internal Affairs to ask about my case and received the answer: Because I only paid social insurance coefficient 1.0, I had to do the probationary regime. I learned that according to Article 2 of the Law on Social Insurance, part-time workers at the commune and ward levels are subject to compulsory social insurance.
So let me ask: In my case, am I exempted from probation according to the provisions of Clause 5, Article 20 of Decree 138/2020/ND-CP dated November 27, 2020 of the Government?" - Mr. Minh wondered.
Regarding Mr. Minh's reflection and recommendation, the Ministry of Home Affairs has responded on the Electronic Information Portal.
Pursuant to the provisions of Clause 5, Article 20 of Decree No. 138/2020/ND-CP dated November 27, 2020 of the Government regulating the recruitment, use and management of civil servants and Clause 15, Article 13 of Decree No. 33/2023/ND-CP dated June 10, 2023 of the Government regulating commune-level cadres, civil servants and part-time workers at the commune level, in villages and residential groups.
Clause 15, Article 13 of Decree 33 clearly states that the probationary period for commune-level civil servants is implemented as follows: 12 months for civil servants recruited with university degrees or higher; 6 months for civil servants recruited with less than university degrees. The probationary regime is not implemented for the position of Commander of the Commune-level Military Command.
Accordingly, in the case of a person who used to work as a part-time worker at the commune level, then was downsized and transferred to do other work (outside the political system), and is now recruited to the position of civil servant - Statistics at the commune level, according to regulations, this case is not exempt from the probationary regime.
