Are civil servants who are disciplined and forced to resign their jobs entitled to severance allowance in Vietnam?

Are civil servants who are disciplined and forced to resign their jobs entitled to severance allowance in Vietnam?

Clause 2, Article 39 of Decree 112/2020/ND-CP stipulates relevant regulations after disciplinary decisions are made against officials and civil servants as follows:

2. Civil servants are disciplined and forced to resign their jobs

a) Civil servants who are disciplined and forced to resign their jobs are not entitled to severance benefits, but the social insurance agency confirms that they have paid social insurance for their working time to implement the social insurance regime according to the law.

b) The agency competent to manage civil servants that maintains records of civil servants who are disciplined and forced to resign is responsible for providing a summary of their resume and comments (with confirmation) when requested by that civil servant.

c) After 12 months from the effective date of the disciplinary decision on dismissal, civil servants who have been disciplined and forced to resign have the right to register for recruitment into state agencies, organizations and units. In case of being disciplined and forced to resign due to corruption, embezzlement or violation of public service ethics, you are not allowed to register for recruitment to agencies or positions related to the tasks and public duties performed. 

Thus, if you are a civil servant but are disciplined in the form of termination, you will not be entitled to severance pay. However, you can still have the social insurance agency confirm your working time for which social insurance has been paid to implement the social insurance regime according to the provisions of law in Vietnam.

Are civil servants who are disciplined and forced to resign their jobs entitled to severance allowance in Vietnam? (picture from internet)

What is working duration used for job discontinuation allowance calculation in Vietnam?

Clause 1, Article 6 of Decree 46/2010/ND-CP stipulates working duration used for job discontinuation allowance calculation as follows:

1. The working duration used for job discontinuation allowance calculation is the total number of years of social insurance payment or the cumulated number if such working duration is interrupted for which job discontinuation or demobilization allowance has not yet been paid, including:

a/ The duration of working in agencies, organizations or units of the Communist Party of Vietnam, the State or socio-political organizations:

b/ The duration of working in the People's Army and/or the People's Public Security;

c/The duration of working in state companies under the Enterprise Law:

d/ The duration of working under payroll quotas assigned by competent agencies to socio-politico-professional organizations, social organizations or socio-professional organizations:

e/ The duration of training or retraining they attended under decisions of their respective agencies, organizations or units;

f/ The duration of paid leaves under the labor law;

g/ The duration of sickness, maternity, labor accident, occupational disease, health restoration and rehabilitation leaves as prescribed by the law on social insurance;

h/ The duration during which they were disciplined or examined for penal liability, which was concluded as unjust and wrong by competent agencies or organizations:

i/ The duration of suspension from working under Article 81 of the Law on Cadres and Civil Servants:

j/ The duration of working under suspended sentences or non-custody reform judgments or rulings of courts.

Above are working duration used for job discontinuation allowance calculation in Vietnam for civil servants according to the provisions of law.

In what cases are civil servants subject to disciplinary measures such as forced dismissal in Vietnam?

Article 13 of Decree 112/2020/ND-CP stipulates application of disciplinary measures such as forced dismissal for civil servants as follows:

The disciplinary form of dismissal applies to civil servants who commit violations in one of the following cases:

1. Having been disciplined in the form of dismissal for civil servants holding leadership or management positions or salary reduction for civil servants not holding leadership or management positions but re-offending;

2. Committing a first-time violation, causing particularly serious consequences in one of the cases specified in Article 8 of this Decree;

3. Using fake or illegal diplomas, certificates or confirmations to be recruited to agencies, organizations or units;

4. Drug addiction; In this case, there must be a conclusion from a medical facility or notification from a competent authority;

5. In addition to the provisions in Clause 1, Clause 2, Clause 3 and Clause 4 of this Article, the disciplinary form of dismissal is also applied to civil servants holding leadership or management positions who commit the first violation, causing particularly serious consequences in one of the cases specified in Clause 3, Article 9 of this Decree.

According to this Article, civil servants will be subject to disciplinary action such as forced dismissal if they fall into the cases mentioned above according to the provisions of law in Vietnam.

Best regards!