On December 10, 2012, the Ministry of Home Affairs of Vietnam issued Circular 09/2012/TT-BNV stipulating the procedures and content of inspections regarding the recruitment, employment, and management of Vietnamese officials and public employees.
Inspection of payment of severance allowance to Vietnamese public employees (Illustrative image)
According to Article 46 of Circular 09/2012/TT-BNV, the inspection contents regarding the resolution of severance for Vietnamese public employees are specified as follows:
- The basis and reasons for resolving severance for Vietnamese public employees;
- The order and procedures for resolving severance for Vietnamese public employees in the following cases: severance at the individual's request; unilateral termination of the working contract; undergoing 12 continuous months of treatment, Vietnamese public employees under a definite-term working contract undergoing 6 continuous months of treatment without recovery; due to natural disasters, fires, or other force majeure reasons according to the regulations of the Government of Vietnam that force the public service provider to downsize, leading to removal of the current job position that Vietnamese public employees; when the public service provider shuts down under the decision of the competent authority;
- Payment of severance allowance to Vietnamese public employees.
- Other contents specified in Article 38, Article 39 of Decree 29/2012/ND-CP dated April 12, 2012 of the Government of Vietnam and other legal regulations on resolving severance for Vietnamese public employees.
Additionally, regarding retirement procedures for Vietnamese public employees, the inspection should include the following contents:
- Eligibility for the retirement of Vietnamese public employees;
- Determination of the retirement time;
- Process of resolving retirement for Vietnamese public employees;
- Conditions and standards for extending the retirement age for Vietnamese public employees;
- Other contents specified in Article 40 of Decree 29/2012/ND-CP dated April 12, 2012 of the Government of Vietnam and other legal regulations on resolving retirement for Vietnamese public employees.
More details may be found in Circular 09/2012/TT-BNV effective from February 1, 2013.
Le Vy
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