Vietnam: In what cases will civil servants receive severance benefits? What are the regulations on the working time for calculating the severance allowance of civil servants?
In what cases will civil servants in Vietnam receive severance benefits?
Pursuant to Article 3 of Decree 46/2010/ND-CP, civil servants in Vietnam will enjoy the severance benefits prescribed in this Decree in the following cases:
- At their own aspirations and with the consent of competent agencies, organizations, or units.
- Non-accomplishment of their tasks for two consecutive years as provided for in Clause 3, Article 58 of the Law on Cadres and Civil Servants.
What is the working time for calculating the severance allowance of civil servants in Vietnam?
Pursuant to Article 5 of Decree 46/2010/ND-CP stipulating severance allowance as follows:
Civil servants who discontinue their jobs will be entitled to the severance allowance level as follows:
For every working year, the allowance level is equal to 1/2 (half) of their respective current monthly wages, including:
- Wages paid according to salary ranks and grades, position allowance, extra-seniority allowance, professional seniority allowance, and wage reservation difference coefficient (if any).
- The lowest allowance level is equal to their current one month's wage.
Accordingly, pursuant to Article 6 of Decree 46/2010/ND-CP, the working time for calculating the severance allowance is the total number of years of social insurance payment (if interrupted, it is accumulated) without receiving severance allowance or service allowance, including:
+ The duration of working in agencies, organizations, or units of the Communist Party of Vietnam, the State, or socio-political organizations:
+ The duration of working in the People's Army and/or the People's Public Security;
+ The duration of working in state companies under the Enterprise Law:
+ The duration of working under payroll quotas assigned by competent agencies to socio-politico-professional organizations, social organizations, or socio-professional organizations:
+ The duration of training or retraining they attended under decisions of their respective agencies, organizations, or units;
+ The duration of paid leaves under the labor law;
+ The duration of sickness, maternity, labor accident, occupational disease, health restoration, and rehabilitation leaves as prescribed by the law on social insurance;
+ The duration during which they were disciplined or examined for penal liability, which was concluded as unjust and wrong by competent agencies or organizations:
+ The duration of suspension from working under Article 81 of the Law on Cadres and Civil Servants:
+ The duration of working under suspended sentences or non-custody reform judgments or rulings of courts.
- The working duration defined in Clause I of this Article, if having odd months, will be calculated as follows:
+ Under 3 (three) months will not be counted;
+ Between full 3 (three) months and full 6 (six) months will be counted as equal to 1/2 (half) of a working year;
+ Between 6 (six) months and 12 (twelve) months will be counted as equal to 1 (one) working year.
What are the procedures for the job discontinuation of civil servants in Vietnam?
In case of job discontinuation according to wishes:
Pursuant to Clause 1, Article 4 of Decree 46/2010/ND-CP as follows:
Step 1: Civil servants shall send their written applications to competent agencies, organizations, or units
Step 2: Within 30 days after receiving the applications, competent agencies, organizations, or units, if agreeing to permit civil servant to resign, shall issue written job discontinuation decisions; if they disagree to permit civil servants to resign, they shall reply in writing and clearly state the reasons for disagreement as provided for at Point c, Clause 1, Article 4 of Decree 46/2010/ND-CP;
Note: Reasons for disallowing job discontinuation:
- Civil servants are currently in the period of rotation or secondment, examined for disciplines or penal liability;
- Civil servants have not yet finished the service time as committed to their agencies, organizations or units when they were recruited through selection tests;
- Civil servants have not yet fulfilled the payment of money amounts or assets under their personal liabilities towards their agencies, organizations, or units:
- Due to the task requirements of their agencies, organizations, or units or their replacements have not yet been arranged.
In case of job discontinuation due to 02 consecutive years of non-completion of duties
According to Clause 2, Article 4 of Decree 46/2010/ND-CP as follows:
Step 1: Within 30 days after the results of civil servant categorization are available, competent agencies, organizations, or units shall notify the concerned civil servants in writing of their job discontinuation, except for the case defined in Clause 4. Article 59 of the Law on Cadres and Civil Servants.
Step 2: Within 30 days after making the written notices, competent agencies, organizations or units shall issue decisions on job discontinuation.
Step 3: Within 30 days after issuing job discontinuation decisions, competent agencies, organizations or units shall pay job discontinuation allowances to civil servants.
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