Are civil servants who have been disciplined and forced to quit their jobs still allowed to register for recruitment to state agencies in Vietnam?

Are civil servants who have been disciplined and forced to quit their jobs still allowed to register for recruitment to state agencies in Vietnam? (Internet image) 

1. In what cases are civil servants forced to quit their jobs in Vietnam?

According to the provisions of Article 13 of Decree 112/2020/ND-CP, cases where civil servants are disciplined and forced to resign in Vietnam include:

(1) Having been disciplined in the form of dismissal for civil servants holding leadership or management positions or salary reduction for civil servants not holding leadership or management positions but recidivating;

(2) Committing a first-time violation, causing particularly serious consequences in one of the following cases:

- Violation of regulations on ethics and communication culture of officials and civil servants; law provisions on the performance of responsibilities and duties of officials and civil servants; labor discipline; internal rules and regulations of agencies, organizations, and units;

- Taking advantage of your position for personal gain; having a bossy or authoritative attitude or causing difficulties or troubles for agencies, organizations, units, or individuals in the performance of public duties; confirming or issuing legal documents to ineligible persons;

- Failure to comply with decisions on mobilization and work assignment by competent authorities; failure to perform assigned tasks without a legitimate reason; causing disunity in agencies, organizations, and units;

- Violation of legal regulations on: crime prevention and combat; prevention of social evils; safety and order of society; anti-corruption; practice thrift and combat waste;

- Violation of legal regulations on the protection of state secrets;

- Violation of legal regulations on complaints and denunciations;

- Violating regulations on democratic centralism, regulations on propaganda and speech, and regulations on internal political protection;

- Violation of legal regulations on: investment and construction; land, environmental resources; finance, accounting, and banking; management and use of public assets during the performance of public duties;

- Violation of legal regulations on: prevention and control of domestic violence; population, marriage, and family; gender equality; Social Security; and other provisions of law related to officials and civil servants.

(3) Using fake or illegal diplomas, certificates, or confirmations to be recruited to agencies, organizations, or units;

(4) Drug addiction; in this case, there must be a conclusion from a medical facility or notification from a competent authority;

(5) In addition to the above regulations, the disciplinary form of dismissal is also applied to civil servants holding leadership or management positions who commit a first-time violation, causing particularly serious consequences.
belongs to one of the following cases:

- Failure to properly and fully perform management and administration responsibilities and tasks as assigned;

- The head of an agency, organization, or unit allows serious violations of the law to occur within the scope of responsibility without taking preventive measures.

2. Are civil servants who have been disciplined and forced to quit their jobs still allowed to register for recruitment to state agencies in Vietnam?

According to Clause 2, Article 39 of Decree 112/2020/ND-CP, civil servants are disciplined and forced to quit their jobs as follows:

+ Civil servants who are disciplined and forced to quit their jobs are not entitled to severance benefits, but the social insurance agency confirms that they have paid social insurance for their working time to implement the social insurance regime.
according to the regulations of the Law.

+ The agency competent to manage civil servants that maintains records of civil servants who are disciplined and forced to resign is responsible for providing a summary of their resume and comments (with confirmation) when requested by that civil servant.

+ After 12 months from the effective date of the disciplinary decision on dismissal, civil servants who have been disciplined and forced to resign have the right to register for recruitment into state agencies, organizations, and units. In the event of being disciplined and forced to resign due to corruption, embezzlement, or violation of public service ethics, you are not allowed to register for recruitment to agencies.
or work position related to the tasks and duties performed.

Thus, according to the above regulations, after 12 months from the effective date of the disciplinary decision on dismissal, civil servants who are disciplined and forced to quit their jobs have the right to register for recruitment into state agencies, organizations, and units.

In the event of being disciplined and forced to resign due to corruption, embezzlement, or violation of public service ethics, you are not allowed to register for recruitment to agencies or work positions related to the tasks and duties performed.

Nguyen Ngoc Que Anh

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