The Ministry of Home Affairs is soliciting opinions on the draft Law on Civil Servants (amended), expected to be submitted to the National Assembly at the 10th session, taking place in October.
The Ministry of Home Affairs clearly states the proposal on termination of employment in Article 29 of the draft.
Officials are entitled to severance pay, unemployment benefits or unemployment insurance regimes according to the provisions of the law on labor and the law on social insurance in the following cases, except for the cases specified in Clause 2 of this Article:
Public service units unilaterally terminate work contracts with civil servants in accordance with the provisions of law;
The contract expires but the employer does not sign a further work contract;
The two sides agreed to terminate the work contract; The civil servant unilaterally terminated the contract due to illness, accident or unilaterally terminated the contract according to the provisions of law;
Officials working in the list of arduous, toxic, dangerous and especially arduous, toxic, dangerous jobs are eligible for retirement at a lower age than prescribed;
The civil servant was declared by the Court to have lost civil act capacity.
In particular, the Ministry of Home Affairs clearly states that civil servants are not entitled to severance pay if they fall into one of the following cases:
Forced to quit; Unilaterally terminate the work contract; terminate the work contract according to the provisions of law.
Failure to complete tasks or failure to meet the requirements of tasks as prescribed in Point c, Clause 2, Article 26 of this Law to the extent of having to be terminated. The Government shall detail this Article.
Meanwhile, current regulations in Article 45 of the Law on Civil Servants 2010, amended and supplemented in 2019, only general regulations on termination of employment according to the law on labor, social insurance, except for cases where termination of employment is not enjoyed, including:
Forced to quit; Unilaterally terminated the labor contract.
Resignation of work contract due to appointment to a position prescribed by law as a civil servant at a public service unit or having a retirement decision.
