In which, the authority, order, and procedures for resolving civil servant dismissal are based on Article 57.
Article 57. Authority, order, procedures for resolving termination of employment
1. The head of the civil servant management agency or the agency employing the civil servant shall be decentralized the authority to recruit according to the provisions of Article 7 of this Decree to decide on termination of employment or authorization to decide on termination of employment for civil servants.
2. Procedures for resolving termination of employment for civil servants who voluntarily resign:
a) Civil servants who voluntarily resign shall submit a petition to the management agency or the agency that is delegated management authority or authorized to resolve the termination of employment;
b) Within 30 days from the date of receipt of the voluntary resignation letter of a civil servant, if he/she agrees to resign, the head of the management agency or the agency delegated the management authority or authorized to issue a decision to resign the civil servant; if he/she does not agree, respond in writing and clearly state the reasons specified in Point c of this Clause;
c) Reasons for not settling the termination of employment for civil servants:
Civil servants undergoing disciplinary action or criminal prosecution;
Civil servants who have not served enough time as committed to recruiting agencies and organizations;
Civil servants who have not completed the payment of money and assets under the responsibility of individuals to the agency or organization;
Due to the work requirements of the agency or organization or no replacement has been arranged.
Other reasons as prescribed by law, regulations of competent authorities.
3. Procedures for resolving termination of employment for civil servants who are dismissed
Within 30 days from the date of monitoring and evaluation results of civil servants, heads of management agencies or agencies delegated management authority or authorized to issue a decision on termination of employment for civil servants who do not complete their tasks or do not meet the requirements of the tasks. Civil servants must complete the payment of the amounts of money and assets under the responsibility of the individual to the agency or organization (if any) before being dismissed. In case the payment is intentionally not completed, the competent authority will still issue a decision to force the termination of employment; the handling of unpaid payments shall be carried out in accordance with the provisions of law.
