Vietnam: In what cases will civil servants who are leaders or managers be dismissed?

Vietnam: In what cases will civil servants who are leaders or managers be dismissed? (Illustration)

According to current legal regulations in Vietnam's Decree 138/2020/ND-CP, the consideration of dismissal of leading and managerial civil servants is carried out in the following cases:

(1) Having two consecutive years of quality rating of not completing the task.

(2) Disciplinary action has not reached the point of dismissal. However, due to the requirements of work duties, he/she must be replaced.

(3) Being disciplined, reprimanded or warned twice within the same appointment period.

(4) Being concluded by the competent authority to violate the Party's regulations on protecting internal politics.

(5) Other reasons for dismissal as prescribed by the Party and the law.

Accordingly, when there are sufficient grounds for dismissal of civil servants holding leadership and managerial positions in the above cases, the head of the agency directly employing the civil servant or the agency advising on personnel organization shall propose a report to competent authorities according to staff management decentralization.

No later than 30 days after receiving the written proposal for dismissal, the collective leadership of the competent agency or organization must discuss and vote by secret ballot. The decision on the dismissal of civil servants must be approved by more than 50% of the total number of members of the leadership collective; in the case of personnel reaching the rate of 50%, it shall be decided by the head.

Civil servants who are leaders or managers, after being dismissed from duty, the heads of agencies or organizations shall arrange appropriate jobs; civil servants have the responsibility to comply with the assignment decisions of the competent authorities. In the event that the civil servant is dismissed due to the quality rating at the level of not completing the task for two consecutive years, the competent agency shall terminate his/her job as prescribed by the law in Vietnam.

Note, leading and managerial civil servants who are dismissed are not entitled to position allowances from the date of the decision on dismissal.

After being dismissed, if the civil servant voluntarily applies for retirement or resignation, it will be settled according to current regulations in Vietnam.

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