In Article 64 of Decree 138/2020/ND-CP regulating regimes and policies for rotating civil servants, accordingly:
1. Civil servants transferred to another position and the new title allowance is lower than the allowance for the position held before the rotation will have their current title allowance reserved during the rotation period.
2. Civil servants transferred to work in mountainous areas, borders, islands, remote areas, ethnic minority areas, and areas with extremely difficult socio-economic conditions are entitled to benefits, preferential policies according to the provisions of law.
3. Rotating civil servants are entitled to policies on official housing arrangement, travel support, living expenses and other policies (if any).
4. Rotating civil servants with particularly excellent achievements (with specific initiatives and work products recognized by competent authorities) will be considered for salary increase ahead of schedule according to the provisions of law; given priority when considering post-rotation work arrangements.
According to this Article, when you are a civil servant transferred to another position and the new title allowance is lower than the allowance for the position held before being transferred, in this case you will retain your current title allowance during the rotation period in Vietnam.
According to Article 68 of Decree 138/2020/ND-CP regulating regimes and policies for civil servants resigning and dismissed, and the settlement of complaints and denunciations related to the dismissal of civil servants, specifically as follows:
1. Leading and managing civil servants, after deciding to resign, will be assigned jobs in accordance with their abilities, strengths, qualifications, expertise, and training appropriate to the job position; title allowances are reserved according to current regulations until the end of the position term.
2. Leading and managing civil servants who are dismissed are not entitled to title allowances from the date of the dismissal decision.
3. After resignation or dismissal, if a civil servant voluntarily requests to retire or resign, it will be handled according to current regulations.
4. Resolving complaints and denunciations of civil servants:
a) The settlement of complaints and denunciations related to the dismissal of leadership and management civil servants shall be carried out in accordance with the Party's regulations, the Law on Complaints and the Law on Denunciations;
b) While there is no decision to resolve complaints or denunciations, relevant organizations and individuals must implement the dismissal decision of the competent authority;
c) Within 30 days from the date there is sufficient basis to conclude that the dismissal of a leadership or management position is wrong, the competent authority must make a decision to re-arrange the position and resolve legal rights to the civil servant's former position.
Thus, once a leading civil servant has a decision to dismiss, he or she will not receive title allowances from the date of the dismissal decision in Vietnam.
Is it possible to reserve title allowances when a civil servant transfers to another position and the new title allowance is lower than the old level in Vietnam? (Image from the Internet)
Pursuant to Article 28 of Decree 138/2020/ND-CP regulating regimes and policies for mobilized and seconded civil servants:
1. Civil servants holding leadership or management positions who are transferred or seconded to another position where the new title allowance is lower than the title allowance currently held will have their title allowance retained during the period of 06 months.
2. Agencies and organizations appointing civil servants on secondment are responsible for paying salaries and ensuring other benefits of civil servants during the period of secondment, and arranging suitable jobs for civil servants at the end of the secondment period.
3. In cases where civil servants are seconded to work in mountainous areas, border areas, islands, remote areas, ethnic minority areas, or areas with particularly difficult socio-economic conditions, they are entitled to preferential regimes and policies according to the provisions of law.
With this regulation in Vietnam, civil servants holding leadership positions who are transferred to another position where the new title allowance is lower than the title allowance currently held will have their title allowance reserved for a period of 6 months in Vietnam.