Do Commune-Level Civil Servants Receive Benefits When They Resign?

According to Article 64 of the Law on Officials 2008, the provisions regarding voluntary resignation for commune-level officials are as follows:

- Evaluation, classification, voluntary resignation from duties, resignation, dismissal, retirement for commune-level officials.

The evaluation, classification, voluntary resignation from duties, resignation, dismissal, retirement for commune-level officials shall be carried out in accordance with the corresponding provisions of this Law for officials and other relevant legal regulations and bylaws.

Furthermore, Article 29 of Decree 112/2011/ND-CP stipulates:

- Commune-level officials are entitled to resignation policies in the following cases:

+ Voluntary resignation approved by the People's Committee at the district level;

+ Failure to fulfill tasks for two consecutive years as stipulated in Clause 3, Article 58 of the Law on Cadres and Officials;

+ The Commune Military Commander, the Commune Police Chief, apart from the cases specified in points a and b, Clause 1 of this Article, when disciplined by demotion or dismissal and unable to be arranged for another official position at the commune level, shall also be entitled to resignation policies within 30 days from the effective date of the disciplinary decision.

- Procedures for resolving resignation, resignation allowance, the work duration counted for resignation allowance, and social insurance benefits upon resignation for commune-level officials shall be applied according to the provisions in Articles 4, 5, 6, and 8 of Decree No. 46/2010/ND-CP dated April 27, 2010, by the Government of Vietnam, which stipulates the resignation and retirement procedures for officials (hereafter referred to as Decree No. 46/2010/ND-CP).

The Commune Military Commander and the Commune Police Chief, upon resignation, in addition to resignation policies enjoyed under Decree No. 46/2010/ND-CP, shall also enjoy other resignation policies stipulated in Decree No. 58/2010/ND-CP dated June 1, 2010, by the Government of Vietnam, which stipulates details and guidance for implementing certain provisions of the Law on Militia and Self-Defense Forces, Decree No. 73/2009/ND-CP dated September 7, 2009, by the Government of Vietnam, which stipulates details on implementing certain provisions of the Ordinance on Commune Police.

- The source of funding for resignation allowances for commune-level officials is allocated within the annual regular activity expenditure estimates of the People's Committee at the commune level, which is assigned by the competent authority.

=> Therefore, depending on each case, a commune-level official who resigns will be entitled to resignation allowance as stipulated. The entitlement amount is based on the working period, rank, grade, position allowance, etc. The minimum entitlement is equivalent to one month's salary.

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