Dismissal of public employees in management positions if warned twice within the same term

Dismissal of public management employees who receive two reprimands within the same term (Illustration image)

To be specific, at Article 55 of Decree 115/2020/ND-CP, the regulations on considering the dismissal of public management employees are as follows:

- Receiving a classification of not completing tasks for two consecutive years;- Being disciplined below the dismissal level but due to work requirements needing replacement;- Being disciplined with a reprimand or warning twice within the same term of appointment;- Being concluded by a competent authority to have violated the Communist Party's regulations on internal political protection;- Other dismissal reasons as stipulated by the Communist Party and the law.

Additionally, the process of considering the dismissal of public management employees is specified as follows:

- When there are sufficient grounds for dismissal of a public management employee as stipulated in Clause 1 of this Article, the head of the agency or unit directly using the public employee or the advisory section on organizational personnel shall propose to the competent authority according to the management decentralization of personnel;- No later than 30 days from the date of receiving the dismissal proposal document, the collective leadership of the competent agency or unit must discuss, vote by secret ballot. The decision to dismiss the public employee must be agreed upon by more than 50% of the total number of collective leadership members; if it reaches 50%, the decision shall be made by the head.

Note: After being dismissed, the head of the public service provider shall assign a suitable position for the dismissed management employee; the public employee is responsible for complying with the assignment decision of the competent authority. If the public employee is dismissed due to being classified as not completing tasks for two consecutive years, the public service provider has the authority to terminate the employment according to legal regulations.

The dossier for considering the dismissal of public management employees is implemented as stipulated in Clause 5, Article 54 of Decree 115/2020/ND-CP.

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

Le Vy

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