Applicatios for settlement of severance pay for civil servants in the army in Vietnam

Applicatios for settlement of severance allowance for civil servants in the army in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Conditions for receiving severance allowance for civil servants in the army in Vietnam

According to Clause 1, Article 2 of Circular 148/2010/TT-BQP, civil servants may quit their jobs due to their own wishes with the consent of the heads of competent agencies and units:

- Failure to complete the tasks outlined in Clause 3 and Article 58 of the Law on Cadres and Civil Servants 2008.

- Having a 61% or greater decrease in working capacity without having paid enough social insurance premiums for 20 years;

- At the end of working age (men are full 60 years old, women are full 55 years old) but have not yet paid social insurance premiums for 20 years, they will be entitled to a severance allowance.

2. Application for settlement of severance pay for civil servants in the army in Vietnam

Specifically, in Clause 2, Article 4 of Circular 148/2010/TT-BQP, the application for settlement of severance allowance for each case includes:

- Resignation letter: 1 copy (for those who wish to resign);

- Decision on resignation of competent authority: 5 copies (issued and established by the human resource management agency, submitted to the Head of the unit for approval; 2 copies for individuals, 1 copy for the Finance agency, 1 copy for the social insurance agency, and 1 copy for the human resource management agency);

- Decision on severance allowance implementation: 4 copies (Appendix to Law on Cadres and Civil Servants 2008; 1 copy for individuals, 1 copy for finance agencies, 1 copy for policy agencies, and 1 copy for human resource management agencies).

Personnel management agencies (cadres, military forces) under the management of cadres and civil servants shall make decisions on the implementation of the severance allowance regime; policy agencies at the same level shall assume the prime responsibility for appraising, submitting to the head of the unit for approval, and summarizing and reporting to the superior policy agency.

3. Procedures for settlement of severance allowance for civil servants in the army in Vietnam

Procedures for calculating severance pay for army civil servants must adhere to the provisions of Article 4 of Decree 46/2010/ND-CP, specifically as follows:

(1) In case of termination of employment at will:

- Civil servants must make applications to competent agencies, organizations or units;

If it is agreed to let the civil servant resign within 30 days of receiving the application, the competent agency, organization, or unit shall issue a written decision on termination; if they do not agree to let the public employee resign, he or she shall respond in writing and clearly state the reason as prescribed in Point c of this Clause;

- Reasons for not being settled:

+ Civil servants are being rotated, seconded, disciplined, or criminally investigated.

+ Civil servants who have not completed their commitments to agencies, organizations, or units when being considered for recruitment;

+ The civil servant has not completed the payment of money and property under the responsibility of the individual to the agency, organization, or unit;

+ Due to work requirements at agencies, organizations, or units, or due to a lack of a replacement,

(2) In case of severance due to failure to complete tasks for 2 consecutive years:

- Within 30 days from the date of having the results of the classification and assessment of civil servants, the competent agencies, organizations, and units shall notify the civil servants in writing of the settlement of job severance; except for the case specified in Clause 4, Article 59 of the Law on Cadres and Civil Servants 2008.

- Within 30 days from the date of the written notice, the competent agency, organization, or unit shall issue a decision to resign.

(3) Within 30 days from the day on which the decision on severance is issued, the competent agency, organization, or unit must pay the severance allowance to the civil servant.

(Clause 1, Article 4 of Circular 148/2010/TT-BQP)

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