How long can a public employee be suspended in Vietnam? Is the time of suspension counted towards seniority allowance in Vietnam?

How long can a public employee be suspended in Vietnam?

Based on Article 54 of the 2010 Public Employee Law regarding work suspension, the following provisions apply:

1. While considering disciplining a public employee, if seeing that his/her continued work may cause difficulties to the consideration and disciplining, the head of the public non-business unit may issue a decision to suspend his/her work. The time limit for work suspension is 15 days and may be extended in necessary cases but must not exceed 30 days. Past the period of work suspension, if the public employee is not disciplined, he/she shall be arranged back to his/her old working position.

2. In the period of work suspension, public employees are still entitled to salaries under the Government's regulations.

Therefore, when you are suspended from work, you will be suspended for 15 days, and in special cases, the suspension period can be extended up to 30 days.

How long can a public employee be suspended in Vietnam? Is the time of suspension counted towards seniority allowance in Vietnam? (Image from the Internet)

Is the time of suspension counted towards seniority allowance in Vietnam?

In addition, Article 3 of Decree 77/2021/ND-CP stipulates the calculation of the period for receiving and not receiving seniority allowance as follows:

1. Period for receiving seniority allowance

The period for receiving seniority allowance is determined by the total of the following periods:

a) Period of teaching and education with mandatory social insurance contributions in public educational institutions.

b) Period of teaching and education with mandatory social insurance contributions in non-public educational institutions (for teachers currently teaching and educating in public educational institutions who have previously taught and educated in non-public educational institutions).

c) Period of work counted for receiving seniority allowance, including: period of work classified under one of the positions or titles in customs, courts, prosecution, auditing, inspection, civil enforcement, forestry inspection, national reserve, party inspection; period of work counted for receiving seniority allowance in the military, police, essential services, and period of work counted for seniority allowance in other sectors and professions (if any).

d) Period of military service according to the law that is currently counted for receiving seniority allowance for the profession before performing military service.

2. Period not counted for receiving seniority allowance

a) Probation period.

b) Period of personal leave without continuous salary for more than 01 month.

c) Period of sick leave, maternity leave exceeding the time limit prescribed by social insurance laws.

d) Period of working as an expert, studying, interning, working, conducting surveys domestically and internationally exceeding the time limit determined by the competent authority.

e) Other non-working periods not specified in points a, b, c, d, and e of this Clause 2.

Therefore, according to the current regulations, in the case of work suspension, this period will not be counted towards your seniority allowance, and you will only receive salary according to Clause 2 of Article 54 of the 2010 Public Employee Law.

Best Regards!