Are public employees who transfer to officials in Vietnam receive severance allowance?

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According to the provisions of Clause 1, Article 38 of Decree 29/2012/ND-CP, public employees in Vietnam are resolved to resign in the following cases:

- The public employee in Vietnam submits a voluntary resignation letter approved in writing by the competent authority.

- The public employee in Vietnam unilaterally terminates the working contract as stipulated in Clause 4 and Clause 5, Article 29 of the Public Employee Law.

- The public service unit unilaterally terminates the working contract with the public employee in one of the cases stipulated in Points c, d, and dd, Clause 1, Article 29 of the Public Employee Law.

According to the provisions of Clause 1 and Clause 2, Article 42 of Decree 29/2012/ND-CP, a public employee who has worked at a public service provider for at least 60 months (excluding the probation period), and possesses the required qualifications, work experience, and meets the immediate requirements of the job position to be recruited, when the managing and using authority has a recruitment need, shall be considered for conversion to an official without having to undergo a recruitment examination as stipulated by the law on officials.

Public employees, when received and appointed to job positions stipulated by law as official positions in agencies and organizations of the Communist Party of Vietnam, the State, and socio-political organizations, shall follow the procedure of conversion to official status without undergoing a recruitment examination in accordance with the law on officials; simultaneously, the decision to receive and appoint shall be the recruitment decision.

Thus, in the case where public employees are converted from the position of public employees to officials, it is not considered a resignation according to the provisions of Article 38 of Decree 29/2013/ND-CP, and therefore, they will not be entitled to severance allowance as stipulated in Article 39 of Decree 29/2012/ND-CP.

Nguyen Trinh

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