What is Dismissal?

Dismissal is the decision of the head of the competent authority to remove an official from their leadership position for certain reasons or violations.

Dismissal applies in the following cases:

- Officials who cannot complete the assigned tasks, lack capability or reputation, and need to be replaced due to work requirements;- Officials who violate the law, are disciplined with a warning or reprimand, but not to the extent of dismissal or removal from office;- Officials who wish to resign from their positions;- Based on the proposal of officials due to health reasons or other reasons.

Dismissal is attached to subjective factors caused by the officials, therefore, the person holding the position requests dismissal and the superior approves, or the superior issues a decision to dismiss due to reasons such as not completing the task, work requirements, etc.

The consequence of dismissal is that the official no longer works or holds that position within the state agency and may work in another position or capacity within the state agency. Unlike removal and expulsion, the official will no longer work within the state agency.

According to the regulations on the use and management of officials, officials after dismissal enjoy several policies as follows:

- Officials removed from leadership or management positions due to dismissal shall be assigned other tasks suitable to the agency's, organization's, or unit's requirements and the official's capabilities and qualifications, by the head of the agency using officials.- Officials holding leadership or management positions dismissed due to inadequate health to continue their roles will retain their current position allowances for six months from the date of the dismissal decision.- Officials holding leadership or management positions dismissed due to not completing tasks or violations of Communist Party discipline, violations of state law not severe enough to warrant dismissal; due to lack of capability or reputation to work; due to violations of authorized agency regulations on internal political protection shall cease to receive position allowances from the date of the dismissal decision.

Additionally, the concept of dismissal is also used in the operation and organization of enterprises under the regulations of the Law on Enterprises.

Related Documents:

Law on Officials 2008

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