Vietnam: Shall public employees classified as non-completion of duties in 2022 be dismissed?
In what cases will the public employee be assessed and classified as non-completion of duties in Vietnam?
Pursuant to Article 15 of Decree 90/2020/ND-CP, the criteria for assessing and classifying as non-completion of duties for public employees as follows:
(1) For public employees who does not hold managerial positions, when having one of the following criteria, they shall be considered as non-completion of duties:
- Show signs of deterioration in political thought, morality, lifestyle, self-evolution and self-transformation according to the assessment of competent authorities;
- Have more than 50% of the criteria for performing duties under the signed working contracts, formulated plans or the assigned specific works that have not ensured progress, quality and efficiency;
- Commit violations during the performance of duties and be eligible for taking disciplinary measures during the assessment year.
(2) Public employees holding managerial positionS shall be considered as non-completion of duties when have one of the following criteria:
- Show signs of deterioration in political thought, morality, lifestyle, self-evolution and self-transformation according to the assessment of competent authorities;
- Have more than 50% of the criteria for performing duties under the signed working contracts, formulated plans or the assigned specific works that have not ensured progress, quality and efficiency;
- Complete less than 50% of the targets and duties under the unit or sector assigned in charge.
- Units under the authority in charge and management directly related to embezzlement, corruption, waste and are handled in accordance with the provisions of law.
- Commit violations during the performance of duties and be eligible for taking disciplinary measures during the assessment year.
Thus, if public employees have one of the above criteria, they will be assessed and classified as non-completion of duties in 2022.
.png)
Shall public employees classified as non-completion of duties in 2022 be dismissed in Vietnam?
Pursuant to Article 19 of Decree 112/2020/ND-CP stipulating as follows:
Taking disciplinary measures against public employees
Dismissal for disciplinary reasons shall be applied to public employees who commit one of the following cases:
1. Having been disciplined by dismissal for managerial public employees or warnings for public employees who do not hold managerial positions but repeat offenders;
2. Committing a first-time violation, causing particularly serious consequences in one of the cases specified in Article 16 of this Decree;
3. Managerial public employees commit first-time violations, causing very serious or particularly serious consequences in one of the cases specified in Clause 3, Article 17 of this Decree;
4. Using fake or illegal diplomas, certificates, certificates or certifications to be recruited into agencies, organizations and units;
5. Using narcotic substances; in this case, there must be a confirmation of a medical facility or a notice from a competent authority.
According to the above-mentioned cases and cases on dismissal and warning for disciplinary reasons, public employees failing to complete duties will not be sacked.
However, in Clause 1, Article 29 of the Law on Public Employees 2010 supplemented by Clause 4, Article 2 of the Law on amendments to Law Cadres and Civil Servants and the Law on Public Employees 2019, some phrases are replaced by Point b, Clause 12, Article 2 of the Law on amendments to Law Cadres and Civil Servants and the Law on Public Employees 2019 stipulating as follows:
Unilateral termination of working contracts
1. Public non-business units may unilaterally terminate working contracts with public employees in the following cases:
a/ Public employees who have been classified as not accomplishing duties for two consecutive years;
b/ Public employees who are sacked under Point d. Clause 1. Article 52 or Clause 1, Article 57 of this Law;
c/ Public employees working under working contracts with an indefinite term who fall sick and have received medical treatment for 12 consecutive months; public employees working under working contracts with a definite term who fall sick and have received medical treatment for 6 consecutive months but still cannot rehabilitate their working capacity. When their health recovers, these public employees may be considered for renewing their working contracts;
d/ Due to natural disasters, fires or other force majeure events as stipulated by the Government, public non-business units cannot but narrow their scope of activity, which makes redundant working positions held by public employees;
dd/ Public non-business units terminate operations under decisions of competent agencies.
e) The public employee does not meet the requirements after the probationary period.
Accordingly, in case public employees have been classified as non-completion of duties for two consecutive years, the units will unilaterally terminate the working contracts.
Therefore, in case public employees have been classified as non-completion of duties for two consecutive years (2021-2022), their units will unilaterally terminate the working contracts.
What are disciplinary measures taken against public employees in Vietnam?
Pursuant to Article 15 of Decree 112/2020/ND-CP stipulating as follows:
Disciplinary measures against public employees
1. Applicable to public employees who do not hold managerial positions
a) Reprimand.
b) Warning.
c) Dismissal.
2. Applicable to management public employees
a) Reprimand.
b) Warning.
c) Removal from job position.
d) Dismissal.
A public employee eligible for one of disciplinary measures specified in this Article may also be restricted from performing professional activities in accordance with relevant laws.
Accordingly, disciplinary measures applied to employees who do not hold managerial positions are: reprimand, warning and dismissal.
Disciplinary measures applied to public employees holding managerial positions are: reprimand, warning, dismissal and removal from job position.
LawNet
.png)