What allowances are paid to Vietnamese officials and public employees applying for resignation?

What allowances are paid to Vietnamese officials and public employees applying for resignation? (Illustrative photo)

1. For Vietnamese officials

According to the provisions of Article 59 of Law on Officials 2008, officials are entitled to severance allowance when they voluntarily resign and are approved by competent authorities. Officials wishing to resign must submit an application to the agency, organization, or unit with authority for review and decision. Within 30 days from the date of receipt of the application, the competent agency, organization, or unit must respond in writing. If resignation is not approved, clear reasons must be provided. (Note: Officials under disciplinary action or criminal investigation will not have their resignation applications processed).

Thus, after voluntarily resigning and being approved by the competent authority, officials are entitled to a severance allowance as provided in Article 5 Decree 46/2010/ND-CP as follows:

- For each year of service, the allowance is calculated as 1/2 (one-half) of the current monthly salary, which includes salary according to grade/step, leader allowance, extra-seniority allowance, seniority allowance, and preserved salary differential coefficient (if any);

- The minimum allowance is equal to one month's current salary.

Example: Mr. Nguyen Thanh Binh has worked for 4 years at unit A and belongs to official grade group A3.1 with a salary coefficient of 7.64. The severance allowance Mr. Binh will receive is calculated as follows:

- Severance allowance = (7.64 x 1,490,000) x ½ x 4 = 22,767,200 VND;

- Mr. Binh's minimum allowance is 11,384,000 VND.

In addition, where officials resign without approval from the competent agency, organization, or unit, they will not be entitled to severance allowance and must compensate for training and retraining costs as prescribed by law.

2. For Vietnamese public employees

According to Article 29 Law on Public Employees 2010 and Clause 1 Article 57 Decree 115/2020/ND-CP, public employees are allowed to resign in cases of unilateral termination of a working contract and must notify in writing to the head of the public service provider in advance:

- At least 45 days if the public employee works under an indefinite-term working contract. In case of illness or accident requiring continuous treatment for 06 months, notice must be given at least 03 days in advance.

- At least 03 days if the public employee works under a definite-term working contract in the following cases:

+ Not being assigned according to the job position, workplace, or guaranteed working conditions agreed upon in the working contract;

+ Not receiving full salary or not being paid on time according to the working contract;

+ Being maltreated; being forced into labor;

+ Female public employees needing to resign as directed by a medical facility due to pregnancy;

+ Public employees who are ill or injured and have not recovered work capacity after 03 months of continuous treatment.

- At least 30 days if the public employee works under a definite-term working contract in cases where they or their family are in truly difficult situations that prevent the continuation of the contract.

Therefore, after being allowed to resign, public employees will be entitled to severance allowance and unemployment benefits as provided in Article 58 Decree 115/2020/ND-CP as follows:

- For the working period from December 31, 2008, and earlier:

+ For each year of work, the allowance is calculated as 1/2 of the current monthly salary, which includes: Salary according to job titles, management leader allowances, seniority allowance, occupational seniority allowance, and preserved salary differential coefficient (if any);

+ The minimum allowance is equal to one month’s current salary;

+ For public employees recruited before July 1, 2003, the working period counted for severance allowance is the total working period (accumulated) from the date of recruitment decision to December 31, 2008;

+ For public employees recruited from July 1, 2003, the working period counted for severance allowance is the total working period under the working contract (accumulated) from the recruitment decision date to December 31, 2008.

- For the working period from January 1, 2009, to now, as per laws on unemployment benefits: The monthly unemployment benefit will be equal to 60% of the average monthly salary serving as the basis for unemployment insurance premium payment for the 06 months preceding unemployment, but not exceeding 05 times the statutory pay rate at the time of contract termination (as provided in Article 50 Employment Law 2013).

Ty Na

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