Vietnamese officials who are removed from office are not entitled to severance allowances

Vietnamese officials who are removed from office are not entitled to severance allowances (Illustrative photo)

According to Clause 2, Article 39 of Decree 112/2020/ND-CP, the following regulations apply after issuing a decision on the removal of Vietnamese officials from office:

- Vietnamese officials removed from office are not entitled to severance allowances. However, Vietnamese officials who are removed from office and have a working period with social insurance premium payment certified by the social insurance authority may access social insurance benefits as prescribed by law.

- The competent authority managing the Vietnamese official removed from office records is responsible for providing a summary of the resume and comments (with verification) upon the request of the official.

- After 12 months from the effective date of the disciplinary dismissal decision, the Vietnamese official removed from office has the right to apply for recruitment into State agencies, organizations, and units. In case of removal from office due to corruption, embezzlement, or violations of public service ethics, the individual is not allowed to apply for positions related to previously held duties.

Furthermore, Vietnamese officials subject to salary step downgrade, if currently receiving a salary from step 2 or higher of the grade or title, will be placed at the next lower salary step of the current one. The new salary step will be effective from the effective date of the disciplinary decision. The time for consideration for the next salary step upgrade to revert to the former step before being disciplined is calculated from the effective date of the disciplinary decision. The time holding the salary step before being downgraded is preserved to count towards the next salary step upgrade consideration. In case the official is on step 1 salary or extra-seniority allowance of the grade or title, the salary step downgrade disciplinary action is not applicable; depending on the nature and extent of the legal violation, the competent authority considers appropriate disciplinary measures.

More details may be found in Decree 112/2020/ND-CP effective from September 20, 2020.

Ty Na

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