Decree 300/2026/ND-CP amending and supplementing a number of articles of Decree No. 170/2025/ND-CR of the Government regulating the recruitment, use and management of civil servants takes effect from August 1.
Decree stipulating regimes and policies for civil servants who are allowed to resign.
Civil servants who are dismissed, the severance allowance regime is implemented as follows:
For the cases specified in point a, clause 1, Article 56a of this Decree (according to personal wishes), each working year is entitled to a half-month salary allowance and is entitled to preserve the time of compulsory social insurance contribution or enjoying one-time social insurance benefits according to the provisions of the law on social insurance;
For the cases specified in points b, c, clause 1, Article 56a, the termination regime shall be implemented in accordance with the provisions of labor law and other relevant laws (if any); the period of compulsory social insurance contribution or one-time social insurance benefit is preserved according to the provisions of the law on social insurance.
Point b, Clause 1, Article 56a stipulates: Being assessed as not meeting the requirements and tasks of the job position according to the results of regular monitoring and evaluation and not having a lower job position to continue arranging.
Point c, Clause 1, Article 56a stipulates: Being classified for annual quality at the level of not completing tasks due to professional and nghiệp vụ reasons and not having a lower job position to continue arranging.
For the cases specified in point d, clause 1, Article 56a (other cases of dismissal according to the provisions of law or according to decisions of competent authorities), the dismissal regime shall be implemented according to the corresponding provisions of law.
The current monthly salary is the monthly salary immediately preceding dismissal. The monthly salary is calculated including: salary level according to rank and grade; leadership position allowance; seniority allowance beyond the frame, professional seniority allowance and salary reserve difference coefficient (if any) according to the provisions of law on salaries.
The allowance level equal to 1 month of current salary is implemented for cases with a total working time before resignation from 6 months to less than 12 months.
Civil servants who have received a retirement notice or are subject to staff streamlining or forced resignation according to the provisions of law are not subject to the prescribed severance allowance regime.
In case there was previously a working time participating in unemployment insurance, this time is not counted in the working time to be paid severance allowance from the state budget but is implemented according to the provisions of the law on unemployment benefits or other relevant legal regulations.
The Government also stipulates cases where resignation according to personal wishes has not been resolved:
- Civil servants who are under consideration for disciplinary action or are being prosecuted for criminal liability, except for cases permitted by competent authorities or according to decisions of competent authorities;
- Civil servants who are in the process of resolving complaints and denunciations (who have decided to establish a verification team), inspecting when there are signs of violations, being proposed to handle violations according to inspection and audit conclusions, except in cases permitted by competent authorities or according to decisions of competent authorities;
- Due to work requirements of agencies and organizations or failure to arrange replacements;
- Other reasons as prescribed by law or according to decisions of competent authorities for dismissal.
