Vietnamese public employees are eligible to apply for recruitment after being removed from office

Vietnamese public employees are eligible to apply for recruitment after being removed from office (Illustrative image)

According to Article 40 of Decree 112/2020/ND-CP, the regulations related to decisions on disciplinary actions against Vietnamese public employees are as follows:

1. Public employees removed from office

- Public employees removed from office are not entitled to severance allowances. However, Vietnamese public employees 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 public service provider with authority over the public employee is responsible for keeping the dossiers of the public employees removed from office and providing copies of personal records and work process assessments (with confirmation) at the request of the public employee.

- After 12 months from the effective date of the disciplinary decision, the disciplined public employee may register for re-recruitment into state agencies, organizations, or units. In case of removal from office due to corruption, embezzlement, or violations of public service ethics, the disciplined public employee is not allowed to register for re-recruitment for positions related to previously held duties.

2. In case the decision on disciplinary action against a Vietnamese public employee has been concluded to be wrongful by a competent authority or court, within no more than 10 working days from the effective date of the conclusion by a competent authority or from the date the court's decision, the head of the public service provider managing the public employee must publicly announce the decision at the unit where the public employee works. In cases where disciplinary decisions have been issued according to the conclusion of an appellate judgment and there is no conclusion of the wrongful decision by a competent authority, but there is a change in the penalty based on a new judgment under the laws of litigation later, the authority responsible for disciplinary action must reconsider and decide.

3. Public employees who are disciplined by removal from office or dismissal and subsequently concluded by a competent authority or court to have been wrongfully disciplined shall be appointed to a suitable managerial position if the previous position has been held by another individual.

4. In cases where the authority responsible for resolving complaints and denunciations concludes that the disciplinary actions taken against the public employee do not conform to the applicable disciplinary measures, procedures, and competencies, the authority that signed the disciplinary decision must issue a decision to annul the disciplinary decision; at the same time, the competent public service provider must undertake a disciplinary review of the public employee compliant with this Decree.

Details can be found in Decree 112/2020/ND-CP effective from September 20, 2020.

Ty Na

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