Can civil servants resign as soon as they receive the appointment decision in Vietnam?

Can civil servants resign as soon as they receive the appointment decision in Vietnam?

In Article 59 of the 2008 Law on Cadres and Civil Servants, there are regulations on job discontinuation of civil servants as follows:

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.

Based on current regulations in Vietnam, civil servants can resign as soon as they receive the appointment decision. However, approval from the competent authority is required.

Can civil servants resign as soon as they receive the appointment decision in Vietnam? (Image from the Internet)

What is level of job discontinuation allowance for civil servants when resigning at their own aspirations in Vietnam?

In Article 3 of Decree 46/2010/ND-CP, there are regulations on cases in which civil servants are entitled to job discontinuation regime as follows:

Civil servants will enjoy the job discontinuation regime prescribed in this Decree in the following cases:

1. At their own aspirations and with the consent of competent agencies, organizations or units.

2. Non-accomplishment of their tasks for two consecutive years as provided for in Clause 3, Article 58 of the Law on Cadres and Civil Servants.

In Article 5 of Decree 46/2010/ND-CP, there are regulations on job discontinuation allowance as follows:

Civil servants who discontinue their jobs will be entitled to a job discontinuation allowance as follows: For every working year, the allowance is equal lo 1/2 (half) of their respective current monthly wages, including the wages paid according to salary ranks and grades, position allowance, extra-seniority allowance, professional seniority allowance and wage reservation difference coefficient (if any). The lowest allowance level is equal to their current I (one) month's wage.

According to this Article, in case a civil servant resigns at his/her own aspirations in Vietnam, the job discontinuation allowance will be calculated based on the number of years of service, each year will be equal to 1/2 of the current salary and the lowest benefit will be 1 month of salary currently enjoy.

What are job discontinuation procedures for civil servants in Vietnam?

In Article 4 of Decree 46/2010/ND-CP, there are regulations on job discontinuation procedures as follows:

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, procedures for job discontinuation of civil servants will be carried out according to the above regulations in Vietnam.

Best regards!