Is there a difference between notice period for resignation for public employees and regular employees in Vietnam?

Is there a difference between notice period for resignation for public employees and regular employees in Vietnam? (Illustrative photo)

According to Clause 4, 5, and 6, Article 29 of the Law on Public Employees 2010 and Clause 1, Article 57 of Decree 115/2020/ND-CP, public employees are allowed to resign unilaterally from their work contracts and must notify the head of the public service provider in Vietnam vin writing at least:

- 45 days in advance if the public employee works under an indefinite-term work contract. In case the public employee has been sick or injured and has been treated for 6 continuous months, a notice of at least 3 days is required.

- 3 days in advance if the public employee works under a fixed-term work contract under the following conditions:

• Not being assigned to the agreed job position, workplace, or not being ensured the working conditions as agreed upon in the work contract;
• Not being paid in full or on time as per the contract;
• Being mistreated, forced to work;
• Female public employees who need to resign due to pregnancy as directed by a medical facility;
• Public employees who have been sick or injured and have been treated for 3 continuous months without recovering their working capacity.

- 30 days in advance if the public employee works under a fixed-term work contract due to genuinely difficult personal or family circumstances that prevent the continuation of the contract.

Thus, depending on the type of work contract and specific circumstances, public employees wishing to unilaterally terminate their work contracts must ensure they meet the notice period requirements mentioned above. However, public employees will not have their contract termination resolved if they fall into any of the cases in Clause 2, Article 57 of Decree 115/2020/ND-CP, specifically:

• During disciplinary processing, investigation, prosecution, or trial;
• Not having worked the committed duration after being sent for training by the public service provider;
• Not having completed the payment of money, assets under the responsibility of the public employee for the public service provider;
• Due to work requirements and no replacement being arranged.

On the other hand, the Labor Code 2019 (effective from January 1, 2021) stipulates that employees have the right to unilaterally terminate labor contracts but must notify the employers in advance in Vietnam:

• At least 45 days if working under an indefinite-term labor contract;
• At least 30 days if working under a definite-term labor contract of 12 to 36 months;
• At least 3 working days if working under a definite-term labor contract of less than 12 months.

- Additionally, employees in Vietnam have the right to unilaterally terminate labor contracts without prior notice in the following cases:

• If they are not assigned to the agreed job, workplace, or not ensured working conditions as agreed upon;
• If not paid in full or on time as per the labor contract;
• If abused, beaten, or insulted by words or actions affecting their health, dignity, and honor; if forced to work;
• If sexually harassed at the workplace;
• If pregnant, female employees need to resign if a medical facility confirms that continuing work would negatively affect the fetus;
• If eligible for pension as per regulations, unless otherwise agreed by both parties;
• If provided with dishonest information when entering the labor contract affecting its performance.

Thus, the notice period for resignation for public employees and employees working under indefinite-term contracts is the same (45 days in advance). However, for definite-term labor contracts, the notice period requirements for public employees and employees are entirely different, specifically:

- For employees, they only need to follow the notice period requirements without needing a reason (Note: The current Labor Code still mandates that employees must have a reason and provide notice when resigning). Importantly, employees have the right to resign without notice if they fall into one of the aforementioned cases.

- For public employees, they must meet certain conditions such as ensuring the required notice period and having a justified reason for resignation to be approved by the head of the public service provider in Vietnam. Especially, if the public employee is under disciplinary processing, investigation, prosecution, trial, has not fulfilled the committed work duration when sent for training, has not completed the payment of debts to the public service provider, or when no replacement has been arranged, their resignation will not be resolved.

Ty Na

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE