02 Cases in Which a Public Employee Manager Is Not Allowed to Resign from Their Position

02 cases where public employee management is not allowed to resign from position (Illustrative photo)

To be specific, at Article 54 Decree 115/2020/ND-CP, it is stipulated that the consideration and decision for allowing public employee management to resign from the position are conducted in the following cases:

- Voluntarily and proactively requesting to resign from the management position;- Due to insufficient health, limited capacity, or no longer having sufficient prestige to complete the assigned responsibilities and duties;- For other legitimate reasons of the public employee.

Particularly, public employee management is not allowed to resign from the position if they fall under one of the following 02 cases:

- Engaging in national defense, national security tasks; handling key, confidential duties; disaster prevention, epidemic prevention; if they resign immediately, it will severely affect the common interests of the Communist Party and the State;- Undergoing inspection, examination, investigation by competent authorities according to the regulations of the Communist Party and the law.

Additionally, the procedure for considering resignation from the position is stipulated as follows:

- No later than 10 days from the date of receiving the request to resign from the management position of the public employee, the advising department on organizational personnel or the head of the public service provider where the public employee is working must discuss with the public employee who requested the resignation. If the public employee withdraws the request, the consideration process stops; if not, the advising department on organizational personnel reviews and proposes to the head of the public service provider or the competent authority according to the cadre management decentralization;- No later than 15 days from the date the advising department on organizational personnel issues the proposal document, the collective leadership of the competent agency or unit must discuss and vote by secret ballot. The decision to allow the public employee to resign must be agreed by more than 50% of the total members of the collective leadership; if the ratio is 50%, the head makes the decision.

Note: Public employee management requesting to resign but has not been agreed by the head of the public service provider or the competent authority must continue to perform the assigned responsibilities, duties, and powers.

Details can be found at Decree 115/2020/ND-CP, effective from September 29, 2020.

Le Vy

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