When will Vietnamese officials be entitled to the job discontinuation regime according to the Law on Cadres and Civil Servants 2008?
When will Vietnamese officials be entitled to the job discontinuation regime according to the Law on Cadres and Civil Servants 2008?
Pursuant to Article 59 of the Law on Cadres and Civil Servants 2008, regulations on job discontinuation of officials, specifically as follows:
Job discontinuation of civil servants
1. Civil servants are entitled to the job discontinuation regime if falling into one of the following cases:
a/ Due to reorganization;
b/ They make a petition for job discontinuation, which is approved by competent authorities;
c/ As prescribed in Clause 3, Article 58 of this Law.
2. A civil servant who wishes to discontinue his/her job shall send a petition to a competent agency, organization or unit for consideration and decision. Within 30 days after receiving such petition, the competent agency, organization or unit shall issue a written reply: if disagreeing with the petition, it shall clearly state the reason; a civil servant who quits his/her job without the consent of the competent agency, organization or unit is not entitled to the job discontinuation regime and shall refund training and retraining expenses in accordance with law.
3. Job discontinuation is not allowed for civil servants who are being examined for disciplining or penal liability.
4. Job discontinuation is not allowed for female civil servants who arc pregnant or nursing under-36-month babies, except those so wishing.
Accordingly, officials are entitled to the job discontinuation regime if falling into one of the following cases:
- Due to reorganization;
- They make a petition for job discontinuation, which is approved by competent authorities;
- Officials who accomplish their tasks for 2 consecutives years with limited capability or who accomplish their tasks with limited capability in a year and fail to accomplish their tasks in the subsequent year may be assigned to other jobs by competent agencies.
- Officials who fail to accomplish their tasks for 2 consecutive years will be disallowed to continue their work by competent agencies, organizations or units.
When will Vietnamese officials be entitled to the job discontinuation regime according to the Law on Cadres and Civil Servants 2008?
When will leading or managerial officials resign in Vietnam?
Pursuant to Article 54 of the Law on Cadres and Civil Servants 2008, it is stipulated as follows:
Resignation or relief of duty for civil servants
1. Leading or managerial civil servants may resign or be relieved of duty in the following cases:
a/ Being physically unfit;
b/ Having insufficient capability and prestige;
c/ Due to task requirements;
d/ Other reasons.
2. Leading or managerial civil servants who resign or are relieved of duty may be arranged jobs suitable to their trained specialized or professional qualifications, or retire or discontinue their jobs.
3. Leading or managerial civil servants who seek for permission to resign or be relieved of duty shall, pending the approval of competent authorities, continue performing their tasks and exercising their powers.
4. The competence, order and procedures for considering and deciding on resignation or relief of duty of leading or managerial civil servants comply with laws and regulations of competent agencies.
Accordingly, leading or managerial officials may resign or be relieved of duty in the following cases:
- Being physically unfit;
- Having insufficient capability and prestige;
- Due to task requirements;
- Other reasons.
What are the procedures for desired job discontinuation for Vietnamese officials?
Pursuant to Article 4 of Decree 46/2010/ND-CP stipulating procedures for termination of employment for officials as follows:
Job discontinuation procedures
1. Case of desired job discontinuation:
a/ Civil servants shall send their written applications to competent agencies, organizations or units:
b/ 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 of this Clause;
c/ 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 task requirements of their agencies, organizations or units or their replacements have not yet been arranged.
2. Case of job discontinuation due to non-accomplishment of tasks for two consecutive years:
a/ 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 the case defined in Clause 4. Article 59 of the Law on Cadres and Civil Servants.
b/ Within 30 days after making the written notices, competent agencies, organizations or units shall issue decisions on job discontinuation.
3. Within 30 days after issuing job discontinuation decisions, competent agencies, organizations or units shall pay job discontinuation allowances to civil servants.
Thus, the procedures for desired job discontinuation as follows:
Step 1: Officials 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 officials to resign, they shall reply in writing and clearly state the reasons for disagreement.
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