Can management civil servants who are waiting Party disciplinary proceedings resign in Vietnam?

Can management civil servants who are waiting Party disciplinary proceedings resign in Vietnam?

Pursuant to Article 65 of Decree 138/2020/ND-CP, there are regulations on resignation for leading and managing civil servants as follows:

1. Consideration of resignation for civil servants holding leadership and management positions is carried out in the following cases:

a) Voluntarily resign from position to transfer leadership position;

b) Due to self-identification that the standards, conditions, and health are not enough to complete assigned tasks or the work position is not suitable;

c) For other legitimate reasons of civil servants.

2. Civil servants holding leadership or management positions are not allowed to resign if they fall into one of the following cases:

a) Currently undertaking national defense and security tasks; are undertaking important and confidential tasks; preventing natural disasters and epidemics; If he resigns immediately, it will seriously affect the common interests of the Party and State;

b) Being subject to inspection, examination, and investigation by competent authorities according to the Party's regulations and the law.

3. Process for considering resignation:

a) No later than 10 days from the date of receipt of the civil servant's resignation request, the advisory agency on personnel organization or the head of the agency or organization where the civil servant is working must discuss with the civil servant who submitted a letter of resignation. In case the civil servant withdraws the application, the consideration will stop; In case the civil servant does not withdraw the application, the advisory agency on personnel organization shall consider and propose to the competent authority according to the cadre management hierarchy;

b) No later than 15 days from the date the advisory agency on personnel organization issues a written proposal, the collective leaders of competent agencies and organizations must discuss and vote by secret ballot. The decision for a civil servant to resign must be approved by more than 50% of the total number of members of the leadership collective; In case the personnel ratio reaches 50%, it will be decided by the leader.

4. When the resignation has not been approved by a competent agency or organization, the civil servant who submitted the resignation must continue to perform the assigned responsibilities, tasks and powers.

According to this Article, while being subject to inspection, examination, and investigation by competent authorities according to the Party's regulations and the law in Vietnam, you will not be allowed to resign from your management position. Therefore, you need to wait until the Party's disciplinary process is completed before you can resign.

Can management civil servants who are waiting Party disciplinary proceedings resign in Vietnam? (Image from the Internet)

In what cases are management civil servants dismissed in Vietnam?

Article 66 of Decree 138/2020/ND-CP stipulates dismissal of leadership and management civil servants as follows:

1. Consideration for dismissal of leading and managerial civil servants is carried out in the following cases:

a) Having two consecutive years of quality rating at the level of not completing the task;

b) Disciplinary action not to the extent of dismissal but due to work duty requirements requires replacement;

c) Being disciplined, reprimanded or warned twice within the same appointment period;

d) Being concluded by a competent authority as violating the Party's regulations on internal political protection;

d) Other reasons for dismissal according to the Party's regulations and the law.

2. Process for considering dismissal of leadership and management civil servants:

a) When there are sufficient grounds for dismissal of civil servants holding leadership and management positions specified in Clause 1 of this Article, the head of the agency directly employing the civil servant or the agency advising on personnel organization shall recommend to competent authorities according to decentralized personnel management;

b) No later than 30 days from the date of receipt of the written proposal for dismissal, the collective leadership of the competent agency or organization must discuss and vote by secret ballot. The decision to dismiss a civil servant must be approved by more than 50% of the total number of members of the leadership team; In case the personnel ratio reaches 50%, it will be decided by the leader.

3. Leading and managing civil servants, after being dismissed, the heads of agencies and organizations shall arrange appropriate work; Civil servants are responsible for complying with assignment decisions of competent authorities. In case a civil servant is dismissed due to a quality rating of failing to complete tasks for two consecutive years, the competent authority shall dismiss the employee in accordance with the provisions of law.

According to this Article, there are five cases of leading and managing civil servants being considered for dismissal in Vietnam.

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