Review of relieve of duty for officials holding a leading or managerial post in Vietnam

Review of relieve of duty for officials holding a leading or managerial post in Vietnam (Image from Internet)

Review of relieve of duty for officials holding a leading or managerial post in Vietnam

On September 17, 2024, the Government of Vietnam issued Decree 116/2024/ND-CP which amends and supplements several articles of Decree 138/2020/ND-CP on recruitment, use, and management of officials, and Decree 06/2023/ND-CP on entrance quality assessment of officials. This includes amendments regarding the Review of relieve of duty for officials holding a leading or managerial post in Vietnam.

(1) According to Clause 43, Article 1 of Decree 116/2024/ND-CP, the review of relieve of duty for officials holding a leading or managerial post in Vietnam is carried out in the following cases:

- Disciplined with warning or reprimand but credibility decreases and cannot continue to hold the position;

- Disciplined with either warning or reprimand twice within the same appointment period;

- Receives more than 2/3 of low trust votes in accordance with the competent authority’s regulation;

- Rated below "completed tasks" for two consecutive years;

- Concluded by a competent authority to be politically, ethically, and behaviorally degraded, involved in “self-evolution,” “self-transformation”; violated things that Party members should not do; violated exemplary responsibilities, thereby negatively impacting personal and institutional reputation;

- Concluded by a competent agency to violate political standards as per the regulations on internal political protection of the Communist Party to the extent of requiring dismissal;

- Leaders, managers allow the agencies, organizations, or units under their management, supervision, or direct subordination to experience serious corruption and negative behavior;

- Other cases as stipulated by law.

(2) Dismissal consideration process:

- When there are sufficient grounds for dismissing leaders, managers, within 10 working days, the organization and personnel consulting department is responsible for communicating with the official and proposing the competent authority for review and decision.

- The competent authority must review and decide the dismissal no later than 10 working days from the date of receiving the proposal; in necessary cases due to objective reasons, the time can be extended by no more than 15 working days.

The collective leadership, organization, unit, and the equivalent party executive committee must discuss and clearly identify grounds for dismissal as proposed by the organization and personnel consulting department before voting by secret ballot. A decision of dismissal of an official must be approved by more than 50% of the collective leadership and the equivalent party executive committee; if it receives 50% or less support, the head decides based on authority or submits to a higher authority for review and decision.

(3) After the leader or manager is dismissed, the competent authority examines and assigns suitable tasks in accordance with the agency's, unit’s requirements; the official must comply with the authority’s assignation decision. If the leader or manager is dismissed due to being rated below "completed tasks" for two consecutive years, the competent authority may terminate their employment by law.

(4) Dossier for resignation or dismissal according to Article 67 of Decree 138/2020/ND-CP includes:

- Submission from the organization and personnel consulting department.

- Relevant documents: Decisions, conclusion documents, opinions from competent agencies, the official's request.

- Meeting minutes and vote counting minutes.

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