Vietnam: Leading officials who resign are entitled to have their position allowances reserved

Specifically, according to Article 68 of the Decree No. 138/2020/NĐ-CP of Vietnam’s Government, regimes and policies for officials resigning and dismissing and the settlement of complaints and denunciations related to the dismissal of officials are specified as follows:

First, leading and managerial officials, after receiving a decision to resign, shall be assigned a job suitable to their capacity, forte, qualifications, expertise and training in accordance with the working position; position allowances are reserved according to current regulations until the end of the term of holding the position.

Second, leading and managerial officials who are dismissed are not entitled to position allowances from the date of decision on dismissal.

Third, after resigning or dismissing, if an official voluntarily applies for retirement or resignation, it will be settled according to current regulations.

Fourth, the settlement of complaints and denunciations of officials is specified as follows:

- The settlement of complaints and denunciations related to the dismissal of leading and managerial officials shall comply with the Party's regulations, the Law on Complaints and the Law on Denunciation of Vietnam;

- While there is no decision on settlement of complaints and denunciations, relevant organizations and individuals must implement the decision on dismissal of the competent authority;

- Within 30 days from the date of having sufficient grounds to conclude that the dismissal of a leadership or management position is wrong, the competent authority must make a decision to re-arrange the position and settle the lawful interests related to the former position of the official.

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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