Chairman of the Ho Chi Minh City People's Committee Phan Van Mai has just signed a decision promulgating regulations on dismissal, resignation, transfer, and replacement of cadres, civil servants, leaders, managers, business managers, and controllers (collectively referred to as cadres and civil servants) under the management authority of the Ho Chi Minh City People's Committee.
Cases of dismissal
According to the decision, officials and civil servants will be dismissed when they fall into one of the following cases: Being disciplined with a warning or reprimand but their reputation has seriously declined; being disciplined with a reprimand two times or more during their term of office or appointment; being assessed as failing to complete their tasks for two consecutive years; having more than 2/3 of the votes of confidence being low during the voting period as prescribed.
In addition, officials and civil servants who are found to have degraded political ideology and ethics, violated Party members' prohibitions or regulations on exemplary responsibility are also subject to dismissal.
In case of prosecution, temporary detention or imprisonment to investigate violations of the law (unless otherwise decided by competent authority), the case will also be handled according to regulations.
Cases of resignation
Officials and civil servants can proactively resign if they realize their capacity does not meet requirements or their reputation has seriously declined.
In addition, if an agency headed by a civil servant commits a serious violation, they can resign to take responsibility.
Those with over 50% of the confidence votes can also submit their resignation. In addition, officials with legitimate personal wishes or special reasons can also be considered for resignation.
Handling the responsibility of the leader when there is corruption and negativity
The head will be dismissed if the agency or direct subordinate has corrupt or negative behavior at a very serious level.
If a leader is found to have abused his or her position and power to condone, cover up or assist in corruption and negativity, depending on the nature and severity of the violation, he or she may be subject to disciplinary action before being considered for resignation.
Resignation of the head when the agency, unit under his/her management, responsibility or direct subordinates is involved in serious corruption or negativity.
Transfer and replace staff when there is disunity or poor capacity.
Officials and civil servants who are identified as the cause of internal disunity or who have allowed this situation to persist will be transferred or replaced. Similarly, if the results of performing tasks are poor and after review and evaluation, they are found to not meet job requirements, officials can also be replaced.
The regulation also applies to cases where inspection and examination agencies discover prolonged violations or receive many complaints about quality, ethics, and violations of exemplary responsibility.
Officials and civil servants with 50% to less than 2/3 of the low confidence votes can also be replaced to ensure the leadership apparatus has sufficient capacity and prestige.
The above Decision takes effect from February 25, 2025.
A notable principle in this decision is that Ho Chi Minh City encourages cadres and civil servants who are disciplined with warnings or reprimands but have limited capacity and reduced prestige to voluntarily resign.
In case of non-voluntary resignation, the competent authority will consider dismissal, transfer or replacement according to regulations.
Ho Chi Minh City does not arrange for the transferee to hold a management position in the field in which the transferred person violated (the reason for the transfer or replacement).
