Regulations on dismissal of the President of Vietnam

Regulations on dismissal of the President of Vietnam (Internet image)

1. What is dismissal?

Dismissal is the decision by a competent authority to let a cadre stop holding a position when the term of office or appointment has not yet expired due to failure to meet job requirements, reduced reputation, or violations, but not to the extent of being disciplined and dismissed.

(Clause 1, Article 2 of Regulation 41-QD/TW in 2021)

2. Principles of dismissal of the President of Vietnam

Article 3 of Regulation 41-QD/TW of 2021 stipulates the principles for implementing regulations on the dismissal of the State President as follows:

- The Party unified leadership in cadre work and management of cadres ensures the principle of democratic centralism and the principles and regulations of the Party and the State's laws.

- Party committees, party organizations, leadership collectives, agencies, and units, especially the head, uphold the responsibility for the dismissal and resignation of cadres.

- Resolutely and promptly consider dismissing or resigning officials when there are sufficient grounds. Not giving resignations to cadres who are subject to dismissal.

3. Authority to dismiss the President of Vietnam

Pursuant to Article 4 of Regulation 41-QD/TW in 2021, the authority to dismiss the President is as follows:

- Levels competent to appoint and nominate candidates for election according to regulations are competent to consider dismissing or resigning cadres.

- For cadres falling under the decision-making authority of their superiors, the Party committees, party organizations, and leading collectives shall report to the agencies or units employing cadres to propose their dismissal or resignation.

- Party committees, party organizations, leadership collectives, superior agencies, and units have the right to request subordinates consider and implement the dismissal or resignation of cadres when there are sufficient grounds in accordance with Regulation 41/TW in 2021.

4. Grounds for consideration of dismissal in Vietnam

In Article 5 of Regulation 41-QD/TW of 2021, the consideration of dismissing a cadre is based on one of the following cases:

- Being disciplined or reprimanded, but his/her reputation is reduced, and he/she cannot hold the assigned position.

- Being disciplined and reprimanded twice or more in the same term or within the appointment term.

- Having more than 2/3 of the low confidence votes at the polling period as prescribed.

- Having two consecutive years of a quality rating at the level of not completing the task.

- Being concluded by a competent authority to be degraded in terms of political ideology, morality, lifestyle, "self-evolution", "self-transformation"; violating what party members are not allowed to do; violating the responsibility to set an example, adversely affecting the reputation of themselves and the agency or unit where they are working.

- Being concluded by a competent authority to violate political standards according to regulations on protecting the internal politics of the Party to the point of being dismissed from office.

5. Process of considering dismissal of the President of Vietnam

In Article 8 of Regulation 41-QD/TW of 2021, the process for considering dismissal and resignation is as follows:

- When there are sufficient grounds for dismissal or resignation, within 10 working days at the latest, Party committees, party organizations, leadership collectives, heads of agencies, units employing cadres, or agencies advising on cadre work are responsible for discussing with cadres and proposing competent authorities to consider and decide.

- Competent authorities consider and decide on the dismissal or resignation within 10 working days; in cases of necessity for objective reasons, it may take no more than 15 working days.

- Based on decisions of competent authorities, relevant agencies shall implement processes and procedures in accordance with the Party's regulations, State laws, charters, and operation regulations of each organization.

6. Application for dismissal of the President of Vietnam

In Article 9 of Regulation 41-QD/TW of 2021, the application for dismissal of the President is as follows:

- Report of the advisory agency on staff work.

- Decisions, conclusions, notices, opinions of competent agencies, minutes of meetings, resignations of officials, reports on proposals of agencies employing officials, and relevant documents.

Ngoc Nhi

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