What are cases where the unilateral termination of the employment contract with teachers is not allowed in Vietnam?

What are cases where the unilateral termination of the employment contract with teachers is not allowed in Vietnam?

Pursuant to Article 2 of the Public Employees Law 2010, the regulations regarding public employees are as follows:

Public Employee

A public employee is a Vietnamese citizen who is recruited into a job position, works at a public service provider according to the policies of the employment contract, and receives a salary from the salary fund of the public service provider in accordance with the law.

Based on Clause 3, Article 29 of the Public Employees Law 2010 stipulating the unilateral termination of an employment contract as follows:

Unilateral Termination of Employment Contract

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3. The head of a public service provider is not allowed to unilaterally terminate the employment contract with a public employee in the following cases:

a) The public employee is sick or injured, undergoing treatment for occupational diseases as determined by a medical facility, except for the case specified at Point c, Clause 1 of this Article;

b) The public employee is on annual leave, personal leave, and other types of leave permitted by the head of the public service provider;

c) The female public employee is pregnant, on maternity leave, or nursing a child under 36 months of age, except when the public service provider ceases its operation.

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Therefore, a teacher who is a public employee will not have their employment contract unilaterally terminated if they fall into the following cases:

- The teacher is sick or injured, undergoing treatment for occupational diseases as determined by a medical facility;

- The teacher is on annual leave, personal leave, and other types of leave permitted by the head of the public service provider;

- The female teacher is pregnant, on maternity leave, or nursing a child under 36 months of age, except when the public service provider ceases its operation.

When is it prohibited to unilaterally terminate an employment contract with a teacher in Vietnam? (Image from the Internet)

What are the cases where teachers are not subject to the statute of limitations in Vietnam?

Based on Article 53 of the Public Employees Law 2010 as amended by Clause 7, Article 2 of the Law on Public Officials and Officials and the Amended Public Employees Law 2019 stipulating the statute of limitations for disciplining as follows:

Statute of Limitations and Time Limits for Disciplining

1. The statute of limitations for disciplining is the period after which the public employee, who commits a violation, is not disciplined. The statute of limitations for disciplining is counted from the time the violation occurs.

Except for the cases specified in Clause 2 of this Article, the statute of limitations for disciplining is stipulated as follows:

a) 2 years for less serious violations that warrant discipline in the form of a reprimand;

b) 5 years for violations not specified in Point a of this Clause.

2. For the following violations, the statute of limitations for disciplining does not apply:

a) The public employee is a party member who commits a violation that warrants discipline in the form of expulsion;

b) Violating regulations on internal political protection;

c) Violating national security interests in the fields of defense, security, and foreign affairs;

d) Using fake or unauthorized degrees, certificates, or any type of false documentation.

3. The disciplinary time limit for a public employee is the period from the discovery of the violation to the issuance of the disciplinary decision by the competent authority.

The disciplinary time limit is not more than 90 days; in cases of complicated circumstances that require further inspection and verification, the time limit for disciplining may be extended but not more than 150 days.

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Thus, a teacher commits the following violations will not be subject to the statute of limitations for disciplining:

- Being a party member who commits a violation that warrants discipline in the form of expulsion;- Violating regulations on internal political protection;

- Violating national security interests in the fields of defense, security, and foreign affairs;

- Using fake or unauthorized degrees, certificates, or any type of false documentation.

What are the cases where teachers are not considered for discipline in Vietnam?

Pursuant to Article 3 of Decree 112/2020/ND-CP as amended by Clause 3, Article 1 of Decree 71/2023/ND-CP stipulates as follows:

Cases Not Yet Considered for Disciplinary Review

1. Officials and public employees who are on annual leave, leave under policies, or personal leave with permission from the competent authority.

2. Officials and public employees who are undergoing treatment for serious illnesses or are losing cognitive abilities; severely ill and being treated as an inpatient at a hospital with certification from a competent medical authority.

3. Female officials and public employees who are pregnant, on maternity leave, nursing a child under 12 months of age, or male officials and public employees (in cases where the wife is deceased or due to objective and force majeure reasons) nursing a child under 12 months of age, except in cases where the person committing the violation requests disciplinary review in writing.

4. Officials and public employees who are being prosecuted, detained, or awaiting the conclusion of an investigation, prosecution, or trial by competent authorities for violations of the law, except as decided by the competent authority.

Therefore, the disciplinary review of a teacher is not considered in the following cases:

- The teacher is on annual leave, leave under policies, or personal leave with permission from the competent authority.

- The teacher is undergoing treatment for serious illnesses or is losing cognitive abilities; severely ill and being treated as an inpatient at a hospital with certification from a competent medical authority.

- The female teacher is pregnant, on maternity leave, nursing a child under 12 months of age, or male officials and public employees (in cases where the wife is deceased or due to objective and force majeure reasons) nursing a child under 12 months of age, except in cases where the person committing the violation requests disciplinary review in writing.

- The teacher is being prosecuted, detained, or awaiting the conclusion of an investigation, prosecution, or trial by competent authorities for violations of the law, except as decided by the competent authority.