Can a public employee in the middle of being disciplined quit his/her job in Vietnam?

Public employees who want to quit their job at will must make an application and send it to a competent agency, organization, or unit for consideration and decision. So, can a public employee in the middle of being disciplined quit his/her job in Vietnam?

Can a public employee in the middle of being disciplined quit from his/her job in Vietnam? (Illustration)

According to Clause 2, Article 57 of Vietnam's Decree 115/2020/ND-CP, public employees shall net be dismissed if they fall into one of the following cases:

+ In the middle of time being disciplined, investigated, prosecuted or probation.

+ He/she has not work for long enough at a public service unit when being sent for training.

+ The payment of money and property under the responsibility of a public employee has not been completed yet.

+ Due to work requirements, no replacement has been arranged.

On the other hand, if the public employee commits a violation of the law while being considered for disciplinary action or is within the disciplinary sanctioning period but reaches retirement age, he/she will still carry out the procedures to receive retirement benefits according to Clause 1, Article 38 of Vietnam's Decree 112/2020/ND-CP.

Thus, public employees who are in the period of disciplinary action are not entitled to severance. Therefore, an employee who submits a resignation letter while being disciplined will not be considered and accepted by a competent agency, organization, or unit. However, in the event of reaching retirement age, public employees are still entitled to receive retirement benefits according to regulations in Vietnam.

The statute of limitations and time limit for disciplining public employees

According to Clause 7, Article 2 of the Law on Cadres and Civil Servants and the 2019 Law on Public Employees amending and supplementing Article 53 of the Law on Public Employees (2010), it stipulates as follows:

"Article 53. Statute of limitations and lime limits for disciplining

1.  Statute of limitations for disciplining is a time limit prescribed by this Law at the end of which a public employee who has committed a violation will not be disciplined.

Except for the cases specified in Clause 2 of this Article, the statute of limitations for disciplinary action is prescribed as follows:

a) Two years for violations so minor that disciplinary action in the form of reprimand is required;

b) 05 years in prison for violations other than those listed in Point a of this Clause.

2. For the following violations, the statute of limitations for disciplinary action does not apply:

a) An official who is also a party member violates the rules to the point of expulsion;

b) Violation of internal political protection regulations;

c) Acting against national interests in the fields of national defense, security, or foreign affairs;

d) Using forged or fraudulent diplomas, certificates, or certifications

3. The time limit for disciplining a public employee is a period from the time of detecting a public employee's violation to the time of issuance of a disciplining decision by competent authorities.

The time limit for disciplining is 90 days. For a case involving complicated circumstances which take a longer time for inspection and examination to verify, this time limit, may be prolonged but must not exceed 150 days.

4. For a public employee against whom a criminal case was instituted or who was prosecuted or decided to be brought to trial according to criminal procedures but then his/ her investigation or criminal case is terminated under a decision, if his/her act of violation shows signs of breach of discipline, he/she shall be considered for being disciplined; within 3 working days after the date the investigation or case termination decision is issued, the decision issuer shall send the decision and related documents to the unit managing such public employee for considering disciplining him/her."

Bao Ngoc


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