Officials in Vietnam will be more likely to lose their jobs as of September 20, 2020

Officials in Vietnam will be more likely to lose their jobs as of September 20, 2020 (Internet image)

According to Article 19 of Decree 112/2020/ND-CP of the Government on disciplining officials and public employees, the form of compulsory termination of employment will be applied when officials commit one of the following acts:

First, they have been disciplined by dismissal for managerial officials or reprimanded for non-managerial officials who have committed a repeated offense.

Second, they commit a first-time violation that causes particularly serious consequences in one of the following cases:

• Failure to comply with professional procedures, regulations, professional ethics, and codes of conduct while performing professional activities, after being officially warned in writing;

• Violation of the legal regulations on: performing duties and tasks of officials; labor discipline; regulations, internal rules, and working regulations of public career units, after being officially warned in writing;

• Abusing their position for personal gain; displaying arrogant, abusive behavior or causing difficulties, harassment to the people during the performance of assigned tasks; confirming or granting legal documents to unqualified individuals; insulting the honor, dignity, and reputation of others while performing professional activities;

• Failure to comply with the decision on work assignment by competent authorities; failure to perform assigned tasks without justifiable reasons; causing division within the unit;

• Violation of the legal regulations on: crime prevention; prevention of social evils; social order and safety; anti-corruption; practicing thrift and avoiding waste;

• Violation of the legal regulations on state secrets protection;

• Violation of the legal regulations on complaints and denunciations;

• Violation of the legal regulations on: investment, construction; land, environmental resources; finance, accounting, banking; management and use of state assets in the course of professional activities;

• Violation of the legal regulations on: domestic violence prevention; population, marriage, and family; gender equality; social security; and other regulations related to officials.

Third, first-time violations by managing officials that cause very serious or particularly serious consequences in one of the following cases:

• Failure of management officials to fulfill their responsibilities, resulting in serious legal violations by subordinate officials while performing professional activities.

• Failure of management officials to complete management tasks and operations as assigned without justifiable reasons.

Fourth, using fake or illegally obtained diplomas, certificates, certifications, or confirmations to be recruited by agencies, organizations, or units.

Fifth, drug addiction; for this case, there must be confirmation from a healthcare facility or notification from an authorized agency.

Compared to the regulations in Article 13 of Decree 27/2012/ND-CP, which expired on September 20, 2020, these new regulations are more specific and supplement some previously unregulated acts while also removing two acts, including:

• Being sentenced to imprisonment without probation or being convicted by a court for corruption;

• Voluntary resignation, with a total of seven working days or more in a month or twenty working days or more in a year without justifiable reasons, counted in the Gregorian month; Gregorian year.

Note: According to Article 1, Clause 40 of Decree 112/2020/ND-CP, officials who are disciplined by compulsory termination of employment will not receive severance pay, but the Social Insurance Agency will confirm the period of social insurance contributions for the purpose of implementing the social insurance regime according to the provisions of the law. After 12 months from the effective date of the decision on compulsory termination of employment, officials who are disciplined by compulsory termination of employment have the right to apply for recruitment to agencies, organizations, or units of the State. In the case of disciplinary action for corruption, embezzlement, or violation of public ethics, they are not eligible to apply for recruitment to agencies or positions related to the duties and tasks they have previously undertaken.

Le Vy

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