Important Information: Public employees who were forced to resign are still allowed to take the official recruitment exam in Vietnam

Public employees who were forced to resign are still allowed to take the official recruitment exam in Vietnam (Illustrative Image)

When will a public employee face the disciplinary action of forced resignation in Vietnam?

According to Article 13 of Decree 112/2020/ND-CP, the form of disciplinary action of forced resignation shall be applied to public employees in Vietnam who commit any of the following violations:

First: Having previously been disciplined with a demotion for management public employees or a warning for non-management public employees and repeating the offense.

Second: Committing a first-time violation that causes particularly serious consequences, falling within one of the following cases:

- Not adhering to professional processes, regulations, professional ethics, and codes of conduct while performing professional activities, after having been reminded in writing by the competent authority;

- Violating laws on: performing duties and responsibilities of public employees; labor discipline; working regulations, internal regulations, operating rules of the public service provider after being reminded in writing by the competent authority;

- Abusing one’s position for personal gain; exhibiting overbearing, authoritarian behavior, or causing difficulties, annoyances for citizens while performing assigned tasks; endorsing or issuing legal documents to individuals not meeting qualifications; insulting the honor, dignity, and reputation of others during professional activities;

- Not complying with work assignment decisions by competent authorities; neglecting assigned tasks without legitimate reasons; causing disunity within the unit;

- Violating laws on: crime prevention; prevention of social evils; social order and safety; anti-corruption; practicing thrift and combating wastefulness;

- Violating laws on protecting state secrets; on complaints and denunciations; on investment, construction; on land, environmental resources; on finance, accounting, banking; on managing and using public assets during professional activities;

- Violating laws on: preventing domestic violence; population, marriage, and family; gender equality; social security; other regulations related to public employees.

Third: Management public employees committing first-time violations that cause very serious or particularly serious consequences when the managing public employee fails to fulfill responsibilities, allowing subordinate public employees to violate the law causing serious consequences during professional activities or failing to complete management tasks as assigned without legitimate reasons.

Fourth: Using fake or illegal diplomas, certificates, degrees, or confirmations to be recruited into agencies, organizations, or units.

Fifth: Being addicted to drugs; this must be confirmed by a medical facility or announced by a competent authority.

Thus, according to the above regulations, if public employees commit any of the 05 mentioned violations, they will be subject to the disciplinary form of forced resignation. However, being forced to resign does not end the career of a public employee, as after 12 months from the date of disciplinary action of forced resignation, public employees have the right to apply for positions in state agencies, organizations, and units.

Public employees who were forced to resign are still allowed to take the official recruitment exam in Vietnam

To be specific, Clause 1 Article 40 of Decree 112/2020/ND-CP stipulates that after 12 months from the date the forced resignation disciplinary decision takes effect, public employees subject to forced resignation are allowed to apply for positions in state agencies, organizations, units. In cases where the forced resignation is due to corruption, embezzlement, or violations of public ethics, they are not allowed to apply for positions related to the tasks previously handled.

It can be seen that previously there was no regulation allowing public employees subject to forced resignation disciplinary action to apply for the official recruitment exam. This provision aims to create opportunities for public employees to return to work and rectify their mistakes, allowing them to continue working and contributing to the state. Therefore, after 12 months from the date public employees are forced to resign, they have the opportunity to register for the official recruitment exam. However, in cases where public employees are disciplined with forced resignation due to corruption, embezzlement, or violations of public ethics, they are not allowed to apply for the official positions related to the previously handled tasks.

Ty Na

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