Cases where civil servants are entitled to the job discontinuation regime in Vietnam

Cases where civil servants are entitled to the job discontinuation regime in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows

1. Cases where civil servants are entitled to the job discontinuation regime in Vietnam

Civil servants are entitled to the job discontinuation regime if falling into one of the following cases:

- Due to reorganization;

- They make a petition for job discontinuation, which is approved by competent authorities;

- Civil servants who fail to accomplish their tasks for 2 consecutive years

(Article 59 of the Law on Cadres and Civil Servants 2008, amended in 2019)

2. Job discontinuation procedures for civil servants in Vietnam

Specifically, according to Article 4 of Decree 46/2010/ND-CP, the job discontinuation procedures for civil servants are as follows:

- Case of desired job discontinuation:

+ Civil servants shall send their written applications to competent agencies, organizations or units:

+ Within 30 days after receiving the applications, competent agencies, organizations or units, if agreeing to permit civil servant to resign, shall issue written job discontinuation decisions; if they disagree to permit civil servants to resign, they shall reply in writing and clearly state the reasons for disagreement as provided for at Point c of Clause 1 Article 4 of Decree 46/2010/ND-CP;

+ Reasons for disallowing job discontinuation:

Civil servants are currently in the period of rotation or secondment, examined for disciplines or penal liability;

Civil servants have not yet finished the service time as committed to their agencies, organizations or units when they were recruited through selection tests;

Civil servants have not yet fulfilled the payment of money amounts or assets under their personal liabilities towards their agencies, organizations or units:

Due to task requirements of their agencies, organizations or units or their replacements have not yet been arranged.

- Case of job discontinuation due to non-accomplishment of tasks for two consecutive years:

+ Within 30 days after the results of civil servant categorization are available, competent agencies, organizations or units shall notify the concerned civil servants in writing of their job discontinuation, except the case defined in Clause 4. Article 59 of the Law on Cadres and Civil Servants 2008.

+ Within 30 days after making the written notices, competent agencies, organizations or units shall issue decisions on job discontinuation.

- Within 30 days after issuing job discontinuation decisions, competent agencies, organizations or units shall pay job discontinuation allowances to civil servants.

3. Working duration used for job discontinuation allowance calculation in Vietnam

Pursuant to Article 6 of Decree 46/2010/ND-CP, working duration used for job discontinuation allowance calculation is as follows:

- The working duration used for job discontinuation allowance calculation is the total number of years of social insurance payment or the cumulated number if such working duration is interrupted for which job discontinuation or demobilization allowance has not yet been paid, including:

+ The duration of working in agencies, organizations or units of the Communist Party of Vietnam, the State or socio-political organizations:

+ The duration of working in the People's Army and/or the People's Public Security;

+ The duration of working in state companies under the Enterprise Law:

+ The duration of working under payroll quotas assigned by competent agencies to socio-politico-professional organizations, social organizations or socio-professional organizations:

+ The duration of training or retraining they attended under decisions of their respective agencies, organizations or units;

+ The duration of paid leaves under the labor law;

+ The duration of sickness, maternity, labor accident, occupational disease, health restoration and rehabilitation leaves as prescribed by the law on social insurance;

+ The duration during which they were disciplined or examined for penal liability, which was concluded as unjust and wrong by competent agencies or organizations:

+ The duration of suspension from working under Article 81 of the Law on Cadres and Civil Servants 2008:

+ The duration of working under suspended sentences or non-custody reform judgments or rulings of courts.

- The working duration defined in Clause I of Article 6 of Decree 46/2010/ND-CP, if having odd months, will be calculated as follows:

+ Under 3 (three) months will not be counted;

+ Between full 3 (three) months and full 6 (six) months will be counted as equal to 1/2 (half) of a working year;

+ Between over 6 (six) months and 12 (twelve) months will be counted as equal to 1 (one) working year.

Ho Quoc Tuan

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