Dismissal of Leadership and Management Officials: Regulations and Procedures
Relief from duty for officials in leadership and management positions is stipulated in Article 66 of Decree 138/2020/ND-CP. Specifically, as follows:
- Consideration for relief from duty for officials in leadership and management positions is conducted in the following cases:
+ Being rated as not completing tasks for two consecutive years;
+ Being disciplined but not to the extent of demotion, yet requires replacement due to work demands;
+ Being disciplined with warnings or reprimands twice within the same appointment term;
+ Being concluded by competent authorities to have violated regulations of the Communist Party on internal politics protection;
+ Other reasons for relief as prescribed by the Communist Party and the law.
- Procedure for considering relief from duty for officials in leadership and management positions:
+ When there are sufficient grounds for relief from duty for officials holding leadership and management positions as stipulated in Clause 1 of this Article, the head of the agency directly using the official or the advisory agency on organization and personnel proposes to competent authorities according to personnel management decentralization;
+ No later than 30 days from the date of receiving the proposal for relief from duty, the leadership collective of the competent agency or organization must discuss and vote by secret ballot. The decision to relieve an official requires the consent of more than 50% of the total number of leadership collective members; in case of a 50% agreement, the head will make the decision.
- For officials in leadership and management positions after being relieved from duty, the head of the agency or organization will arrange suitable work; the official must comply with the assignment decision of competent authorities. In case the official is relieved due to being rated as not completing tasks for two consecutive years, the competent authority will terminate the employment as prescribed by law.
Respectfully.
