Are teachers in Vietnam allowed to resign in cases where they have not worked the full committed time?

Vietnam: Will resignation requests from teachers in cases where they have not worked the full committed time be handled?

According to Clause 2, Article 57 of Decree 115/2020/ND-CP, amended by Clause 34, Article 1 of Decree 85/2023/ND-CP, the resignation of teachers is regulated as follows:

Resignation of a Public Employee

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2. A public employee is not allowed to resign if they fall into one of the following cases:

a) Under disciplinary action, under investigation, prosecution, or trial;

b) Has not fulfilled the committed service period with the public service provider after being sent for training, except in cases where they have compensated the training costs;

c) Has not completed the payment of any due monetary amounts or assets owed to the public service provider;

d) Due to work requirements and there is no replacement.

3. Resignation procedures:

a) In case a public employee unilaterally terminates their employment contract, they must notify in writing to the head of the public service provider as per the regulations in Clause 6, Article 29 of the Law on Public Employees.

Within 5 working days from the date of receipt of the written request from the public employee, if the resignation is agreed upon, the head of the public service provider shall terminate the employment contract and settle resignation policies for the public employee as per the regulations. If the resignation is not agreed upon, they must respond in writing to the public employee, clearly stating the reason as per the regulations.

b) In case a public service provider unilaterally terminates the employment contract or does not renew the employment contract with a public employee, they must concurrently settle resignation policies for the public employee as per the regulations.

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Thus, teachers who wish to resign before fulfilling their committed service period are still allowed to have resignation policies settled if they have compensated the training costs.

Are teachers in Vietnam allowed to resign in cases where they have not worked the full committed time?(Image from the Internet)

How is severance pay for teachers in Vietnam calculated?

(1) For teachers who resign with service time from December 31, 2008, and prior, the severance pay is calculated according to Clause 1, Article 58 of Decree 115/2020/ND-CP as follows:

- For each year of service, the allowance is equal to half a month's salary currently received, including: Salary according to professional title, management position allowances, exceeded seniority allowances, professional seniority allowances, and retained salary differential coefficient (if any).

- The minimum severance pay is equal to 1 month’s salary currently received.

- For teachers recruited before July 01, 2003, the working time for calculating the severance pay is the total working time (cumulative) from the date of the recruitment decision until the end of December 31, 2008.

- For teachers recruited from July 01, 2003 onwards, the working time for calculating the severance pay is the total working time under the employment contract (cumulative) from the date of the recruitment decision until the end of December 31, 2008.

(2) For teachers who resign with service time from January 01, 2009 until now, it is implemented according to Article 50 of the Law on Employment 2013:

- The monthly unemployment benefit received is 60% of the average monthly salary for 6 consecutive months before unemployment but not exceeding 5 times the statutory pay rate.

- The unemployment benefit period is calculated based on the number of months of unemployment insurance contributions. Every 12 months to 36 months of contributions entitle the employee to 3 months of unemployment benefits. After that, every additional 12 months of contributions entitle the employee to 1 more month of unemployment benefits, but the total period shall not exceed 12 months.

Where do sources of severance pay for teachers in Vietnam come from?

Clause 3, Article 58 of Decree 115/2020/ND-CP provides for the source of funds for paying severance pays to teachers as follows:

- For public service providers covering their own recurrent and investment expenditures: The funding for severance pays is sourced from the unit's financial resources, including the time the teacher previously worked in other entities within the political system.

- For public service providers partially covering their own recurrent expenditures or with recurrent expenditures guaranteed by the state budget: The funding for severance pays is sourced from the financial resources of the public service provider, including the time the teacher previously worked in other entities within the political system.

In cases where the financial resources of the public service provider are insufficient to cover the severance pay for the time the public employee previously worked in other entities within the political system, the state budget will provide support.