Vietnam: In 2023, what are the severance allowance levels for civil servants and public employees? In addition to severance allowance, what are the benefits for civil servants and public employees quitting their jobs?
- In 2023, what are the severance allowance levels for civil servants and public employees in Vietnam?
- What is the working period for receiving severance allowance applicable to civil servants in Vietnam?
- In addition to severance allowance, what are the benefits for civil servants and public employees quitting their jobs in Vietnam?
In 2023, what are the severance allowance levels for civil servants and public employees in Vietnam?
According to current regulations, civil servants and public employees in Vietnam who quit their jobs are entitled to severance allowance as follows:
- For civil servants
In Article 5 of Decree 46/2010/ND-CP, there are the following provisions:
Severance allowance
Civil servants who discontinue their jobs will be entitled to severance allowance as follows: For every working year, the allowance is equal to 1/2 (half) of their respective current monthly salaries, including the salaries paid according to salary ranks, and grades, position allowance, extra-seniority allowance, professional seniority allowance, and salary reservation difference coefficient (if any). The lowest allowance level is equal to their current one month's salary.
- For public employees
Pursuant to the provisions of Clause 1, Article 58 of Decree 115/2020/ND-CP as follows:
Severance allowance
1. For a public employee’s working period from December 31, 2008 and earlier, the severance allowance shall be calculated as follows:
a) Each working year, the severance allowance level is calculated as 1/2 month of current salary, including Salary according to the professional title, allowance for the managerial position, extra-seniority allowance, occupational seniority allowance, and salary reservation difference coefficient (if any);
b) The lowest allowance level is equal to 01 month's current salary;
c) In case the public employee is recruited before July 1, 2003, the working period for receiving severance allowance is the total working time (cumulative) from the time the public employee receives the recruitment decision until the end of December 31, 2008;
d) In case the employee is recruited from July 1, 2003 onwards, the working period for receiving severance allowance is the total working time under the working contract (cumulative) from the time the public employee receives the recruitment decision until the end of December 31, 2008.
2. For a public employee’s working period from January 1, 2009 to the present, it shall comply with the provisions of the law on unemployment benefits.
Thus, according to the above regulations, civil servants and public employees in Vietnam who quit their jobs are entitled to severance allowance as follows:
Severance allowance = 1/2 of one month’s salary
Accordingly, for a public employee’s working period from January 1, 2009 to the present, it shall comply with the provisions of the law on unemployment benefits.
What is the working period for receiving severance allowance applicable to civil servants in Vietnam?
The working period for receiving severance allowance applicable to civil servants in Vietnam is specified in Article 6 of Decree 46/2010/ND-CP as follows:
Working period for receiving severance allowance
1. The working period for receiving severance allowance is the total number of years of social insurance payment or the cumulated number if such working period is interrupted for which severance or demobilization allowance has not yet been paid, including:
a/ The working period in agencies, organizations or units of the Communist Party of Vietnam, the State or socio-political organizations:
b/ The working period in the People's Army and/or the People's Public Security;
c/The working period in state companies under the Enterprise Law:
d/ The working period under payroll quotas assigned by competent agencies to socio-politico-professional organizations, social organizations or socio-professional organizations:
e/ The training or retraining period they attended under decisions of their respective agencies, organizations or units;
f/ The paid leave period under the labor law;
g/ The leave period of sickness, maternity, labor accident, occupational disease, health restoration and rehabilitation leaves as prescribed by the law on social insurance;
h/ The period during which they were disciplined or examined for penal liability, which was concluded as unjust and wrong by competent agencies or organizations:
i/ The suspension period from working under Article 81 of the Law on Cadres and Civil Servants:
j/ The working period under suspended sentences or non-custody reform judgments or rulings of courts.
2. The working period defined in Clause I of this Article, if having odd months, will be calculated as follows:
a/ Under 3 (three) months will not be counted;
b/ Between full 3 (three) months and full 6 (six) months will be counted as equal to 1/2 (half) of a working year;
c/ Between over 6 (six) months and 12 (twelve) months will be counted as equal to 1 (one) working year.
Thus, currently, the working period for receiving severance allowance applicable to civil servants in Vietnam is determined according to the above-mentioned contents.
In addition to severance allowance, what are the benefits for civil servants and public employees quitting their jobs in Vietnam?
Pursuant to the provisions of Article 8 of Decree 46/2010/ND-CP, other benefits for civil servants who quit their jobs are determined as follows:
Other benefits
Civil servants quitting their jobs are entitled to severance allowances prescribed in Article 5 of this Decree and the social insurance benefits prescribed by law.
At the same time, in Clause 4, Article 58 of Decree 115/2020/ND-CP, there are the following provisions:
Severance allowance
...
4. Public employees are entitled to severance allowances specified in Clauses 1 and 2 of this Article and are certified for the social insurance premium payment period as prescribed by law.
Thus, according to the above provisions, in addition to severance allowance, civil servants and public employees are also entitled to social insurance benefits in accordance with the provisions of the law.
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