Termination of Contract with Public Employee for Failure to Complete Duties for Two Consecutive Years

Reply:

According to Article 13 of Decree No. 27/2012/ND-CP dated April 6, 2012, of the Government of Vietnam "Regulations on disciplining public employees and accountability for compensation and reimbursement by public employees," the following cases may lead to forced resignation:

- Imprisonment without a suspended sentence or being convicted by a court for acts of corruption;

- Failure to comply with professional and ethical standards and conduct regulations during professional activities causing exceptionally serious consequences;

- Using illegal documents to gain employment in a public service provider;

- Drug addiction, confirmed by a competent medical authority;

- Unauthorized leave, totaling 7 or more working days in a month or 20 or more working days in a year without justifiable reasons, calculated in the Gregorian calendar month and year;

- Particularly serious violations of anti-corruption laws, which do not yet amount to criminal liability; laws on thrift practice and anti-waste; labor discipline; prevention and combat of social evils and other relevant legal regulations related to public employees.

Additionally, Clause 1, Article 29 of the Law on Public Employees 2010 stipulates: Public service units may unilaterally terminate labor contracts with public employees in the following cases:

- The public employee receives unsatisfactory performance ratings for two consecutive years;

- The public employee is forced to resign according to the provisions of Point d, Clause 1, Article 52, and Clause 1, Article 57 of this Law;

- Public employees with indefinite contracts who have been ill and treated for 12 consecutive months, and public employees with fixed-term contracts who have been ill and treated for 6 consecutive months but their work capacity has not recovered. When the public employee's health recovers, the continuation of the labor contract will be considered;

- Due to natural disasters, fires, or other force majeure reasons as stipulated by the Government of Vietnam, which compel public service providers to downsize, resulting in the loss of the job position held by the public employee;

- When the public service provider discontinues operations as decided by a competent authority.

Based on the aforementioned regulations, if a public employee is rated as not completing their duties for two consecutive years, the public service provider may unilaterally terminate the labor contract with that public employee (specifically Point a, Clause 1, Article 29 of the Law on Public Employees).

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