New regulations on dismissal and resignation for officials in Ho Chi Minh City, Vietnam

New regulations on dismissal and resignation for officials in Ho Chi Minh City, Vietnam (Internet image)

On April 3, 2023, the Ho Chi Minh City Party Committee issued Regulation 1300-QD/TU on dismissal and resignation of officials and on the transfer, replacement, and arrangement of work for leading and managerial cadres after being disciplined or having their reputation reduced; having limited capacity, their work results do not meet requirements.

Regulation 1300-QĐ/TU

Regulation 1300-QD/TU has new regulations on dismissal and resignation for officials in Ho Chi Minh City as follows:

Grounds for consideration of immunity for officials in Ho Chi Minh City, Vietnam

According to Article 5 of Regulation 1300-QD/TU, the consideration of the dismissal of officials in Ho Chi Minh City is based on the following grounds:

- Being disciplined and reprimanded twice or more in the same term or within the appointment term.

- Having more than 2/3 of the low-confidence votes cast during the polling period as prescribed.

- Having two consecutive years of quality rating at the level of not completing the task.

- Being concluded by the competent authority to degrade in terms of political ideology, morality, lifestyle, "self-evolution", "self-transformation"; violate what party members are not allowed to do; violate the responsibility to set an example, and adversely affect the reputation of themselves and the agency or unit where they are working.

- Being concluded by a competent authority to have violated political standards according to regulations on protecting the internal politics of the Party to the point of being dismissed from office.

Grounds for considering resignation for officials in Ho Chi Minh City, Vietnam

The consideration of resignation for officials in Ho Chi Minh City is based on the grounds specified in Article 6 of Regulation 1300-QD/TU, specifically as follows:

- Being disciplined or reprimanded, but his reputation is reduced, he cannot hold the assigned position.

- Due to limited capacity or being no longer reputable enough to complete assigned responsibilities and tasks.

- Allowing the agency or unit over which you have authority to make serious mistakes.

- Having more than 50% of low-confidence votes at the prescribed polling period.

- For other legitimate personal reasons.

Grounds for considering dismissal or resignation related to the responsibilities of the head in Vietnam

Specifically, in Article 7 of Regulation 1300-QD/TU, the consideration of dismissal and resignation is related to the responsibility of the head when the competent authority concludes that the agency or unit under his/her management is guilty of corruption or negative conduct based on one of the following cases:

- Dismissing or resigning the head when the agency or unit under his/her management, in charge, or direct subordinates are involved has very serious corruption and negative effects.

- Heads who take advantage of their assigned positions and powers to tolerate, cover, and abet corruption and negativity, depending on the nature and severity of their violations, should consider resigning.

Process of considering dismissal and resignation for officials in HCMC, Vietnam

The process of considering dismissal and resignation for officials in Ho Chi Minh City according to Article 9 of Regulation 1300-QD/TU is as follows:

- When there are sufficient grounds for dismissal or resignation, within 10 working days at the latest, the Standing Committee of the Party Committee directly under the City Party Committee and specialized agencies shall advise and assist the City Party Committee and the Party Personnel Committee. Party union, Standing Committee of Youth Union, collective leadership, heads of agencies and units at city level;

Or the Organizing Committee of the City Party Committee is responsible for discussing with the managing officer of the Standing Committee of the City Party Committee currently working at their unit and proposing to the Standing Committee of the City Party Committee to consider and decide (through the Organizing Committee of the City Party Committee).

- The Standing Board of the City Party Committee considers and decides on the dismissal or resignation within 10 working days; in cases of necessity for objective reasons, the time limit shall not exceed 15 working days.

- Based on the decision of the Standing Board of the City Party Committee, relevant agencies shall implement the processes and procedures in accordance with the Party's regulations, the State's laws, and the operation regulations of each organization.

Regulation 1300-QD/TU takes effect from the date of signing and replaces Regulation 2265-QD/TU dated April 17, 2019.

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