How Many Days in Advance Must a Public School Teacher in Vietnam Submit a Resignation Notice?

How Many Days in Advance Must a Public School Teacher in Vietnam Submit a Resignation Notice?

Article 29 of the Public Employees Law 2010 specifies unilateral termination of employment contracts as follows:

Unilateral termination of employment contracts

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4. Public employees working under indefinite-term employment contracts have the right to unilaterally terminate the contract but must notify the head of the public service provider in writing at least 45 days in advance; in the case of illness or accidents requiring continuous treatment for 6 months, notice must be given at least 3 days in advance.

5. Public employees working under fixed-term employment contracts have the right to unilaterally terminate the contract in the following cases:

a) Not being assigned the correct job position, workplace, or not being guaranteed the working conditions agreed upon in the employment contract;

b) Not being fully paid or not being paid on time as stipulated by the employment contract;

c) Being mistreated; subjected to forced labor;

d) Themselves or their families experiencing true hardship preventing the continuation of the employment contract;

dd) Female public employees are required to leave their job due to pregnancy upon medical advice;

e) Public employees being ill or injured requiring continuous treatment for 3 months without recovery of work ability.

6. Public employees must notify in writing about the unilateral termination of employment contracts to the head of the public service provider at least 3 days in advance for cases specified at points a, b, c, dd, and e of clause 5 of this Article; at least 30 days in advance for the case specified at point d of clause 5 of this Article.

Thus, public school teachers working under indefinite-term employment contracts must give at least 45 days' notice before resigning; in cases of illness or accident requiring continuous treatment for 6 months, notice must be given at least 3 days in advance.

Public school teachers working under fixed-term employment contracts must give notice as follows:

- At least 3 days' notice in the following cases:

+ Not being assigned the correct job position, workplace, or not being guaranteed the working conditions agreed upon in the employment contract;

+ Not being fully paid or not being paid on time as stipulated by the employment contract;

+ Being mistreated; subjected to forced labor;

+ Female teachers being required to leave their job due to pregnancy upon medical advice;

+ Teachers being ill or injured requiring continuous treatment for 3 months without recovery of work ability.

- At least 30 days' notice in cases where themselves or their families experience true hardship preventing the continuation of the employment contract.

How Many Days in Advance Must a Public School Teacher in Vietnam Submit a Resignation Notice?​ (Image from the Internet)

In which cases are public school teachers in Vietnam not allowed to resign?

According to clause 2, Article 57 of Decree 115/2020/ND-CP (amended by clause 34, Article 1 of Decree 85/2023/ND-CP), public school teachers are not allowed to resign in the following cases:

- Under disciplinary action, under investigation, prosecution, or trial;

- Have not worked the committed period with the public service provider after being sent for training, except in cases where training costs have been compensated;

- Have not completed the payment of money, assets under their responsibility to the public service provider;

- As required by service needs and there is no substitute.

What are procedures for handling resignation requests of public school teachers in Vietnam?

Clause 3, Article 57 of Decree 115/2020/ND-CP stipulates the procedures as follows:

Handling resignation requests by public employees

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3. Procedures for handling resignation:

a) In case public employees unilaterally terminate their employment contract, a written notice must be sent to the head of the public service provider as stipulated in clause 6, Article 29 of the Public Employees Law.

Within 5 working days from the date of receipt of the resignation request from the public employee, if agreeing to the resignation, the head of the public service provider shall terminate the employment contract and resolve related policies for the public employee as stipulated. If not agreeing to the resignation, a written response with clear reasons must be provided to the public employee as stipulated.

b) In case the public service provider unilaterally terminates the employment contract or does not renew it, they must also resolve related policies for the public employee as stipulated.

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Thus, the procedures for handling resignation requests of public school teachers are as follows:

Step 1: The teacher must submit a written notice to the head of the unit.

Step 2: Within 5 working days from the date of receipt of the resignation request, if agreeing to the resignation, the head of the public service provider shall terminate the employment contract and resolve related policies for the public employee.

If not agreeing to the resignation, a written response with clear reasons must be provided to the public employee as stipulated.