Cases of resignation and dismissal of management public employees in Vietnam

Cases of resignation of positions for management public employees in Vietnam

Pursuant to the provisions of Article 54 of Decree 115/2020/ND-CP, the consideration and decision on resignation of a management public employees's position shall be made in the following cases:

- Voluntarily, actively applying to resign from the management position;

- Due to insufficient health, limited capacity, or no longer being reputable enough to fulfill assigned responsibilities and tasks;

- For other legitimate reasons of the officer.

A management public employees may not resign from his/her position in one of the following cases:

- Currently undertaking national defense and security tasks; are undertaking important and confidential tasks; prevention of natural disasters and epidemics; if he resigns from his position immediately, it will seriously affect the common interests of the Party and the State;

- Being under inspection, examination, and investigation by competent authorities in accordance with the Party's regulations and laws.

The process for considering resignation is as follows:

- No later than 10 days from the date of receiving the application for resignation from holding the managerial position of the public employee, the advisory department on personnel organization or the head of the public non-business unit where the public employee is working must discuss this with the official who submits a request for resignation from his/her position. In case the official withdraws the application, the consideration shall be stopped; in case the public employee does not withdraw the application, the staffing department shall consider and propose it to the head of the public non-business unit or the competent authority according to the decentralization of staff management;

- No later than 15 days from the date on which the advisory section on organization and personnel issues a written proposal, the collective leadership of the competent agency or unit must discuss the law and vote by secret ballot. The decision for public employees to stop holding managerial positions must be approved by more than 50% of the total number of members of the leadership collective; the case of reaching the rate of 50% shall be decided by the head.

A management public employees who requests to stop holding a managerial position but has not yet been approved by the head of a public non-business unit or a competent authority shall continue to perform his/her assigned responsibilities, tasks and powers.

Application for consideration for public employees to resign from management positions:

- The report of the advisory department on personnel organization;

- Relevant documents: Decisions, written conclusions, opinions of competent agencies and units, applications of public employees;

- Minutes of meetings and minutes of vote counting.

Cases of resignation and dismissal of management public employees in Vietnam (Internet image)

Cases of dismissal of management public employees in Vietnam

The consideration of dismissal of a management public employees is carried out in the cases specified in Article 55 of Decree 115/2020/ND-CP, specifically as follows:

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

- Being disciplined, not yet to the point of dismissal, but due to the requirements of work duties that need to be replaced;

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

- Being concluded by a competent authority to violate the Party's regulations on protecting internal politics;

- Other reasons for dismissal as prescribed by the Party and the law.

The process for considering the dismissal of a management public employees is as follows:

- When there are sufficient grounds for dismissal of a management public employees specified in Clause 1 of this Article, the head of the agency or unit that directly employs the public employee or the cadre and organization advisory department shall propose to the competent authorities according to the cadre management decentralization;

- No later than 30 days after receiving the written proposal for dismissal, the collective leadership of the competent agency or unit must discuss and vote by secret ballot. The decision to dismiss public employees must be approved by more than 50% of the total number of members of the leadership collective; the case of reaching the rate of 50% shall be decided by the head.

After being dismissed from office, the head of the public non-business unit shall arrange suitable work; public employees are responsible for complying with the assignment decisions of the competent authorities. In case a public employee is dismissed due to the quality rating of failing to complete his/her tasks for two consecutive years, the competent public non-business unit shall terminate his/her job in accordance with law.

Application for consideration and dismissal of a management public employees shall be the same as for the resignation of a management public employees mentioned above.

Mai Thanh Loi

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