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:
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