Vietnam: 05 cases of dismissal for leading and managerial officials

Specifically, according to Article 66 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, the consideration of dismissal of leading and managerial officials shall be carried out in the following cases:

- Having two consecutive years of being rated as failing to complete assigned tasks;

- Being disciplined but has not reached the point of dismissal, but due to the requirement of work duties, he/she must be replaced;

- Being disciplined, reprimanded or warned twice within the same appointment period;

- Concluded by a competent authority to violate the Party's regulations on protecting internal politics;

- Other reasons for dismissal as prescribed by the Party and the law.

Particularly, the process of considering dismissal of leading and managerial officials is carried out as follows:

- When there are sufficient grounds for dismissal of officials holding leadership and management positions as prescribed above, the head of the agency directly employing the official or the agency advising on personnel organization shall propose to the competent authority according to the decentralization of staff management;

- No later than 30 days after receiving the written proposal for dismissal, the collective leadership of the competent agency or organization must discuss and vote by secret ballot. The decision on dismissal of officials must be approved by more than 50% of the total number of members of the leadership collective; in the case of personnel reaching the rate of 50%, it shall be decided by the head.

Leading and managing officials, after being dismissed from duty, the heads of agencies or organizations shall arrange appropriate work; officials are responsible for complying with the assignment decisions of the competent authorities. In case an official is dismissed due to the quality rating of failing to fulfill his/her duties for two consecutive years, the competent agency shall dismiss him/her as prescribed by law.

View more details at the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, effective from December 01, 2020.

Le Vy

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