The 2025 Law on Public Employees (amended) recently passed by the National Assembly on December 10 has marked an important shift in the management of the civil servant team. The law takes effect from July 1, 2026.
One of the core and notable contents of the law is the appointment, secondment, resignation, dismissal, and removal of civil servants from their positions.
Officials are appointed to management positions by appointment decisions of competent authorities. In case of being appointed to a new management position, of course, he/she will cease to hold the current management position, except in the case of concurrent tenure.
The term of appointment of civil servants to management positions is 5 years, unless otherwise provided by the law on professional activities. The term of appointment is less than 5 years, applicable to some specific positions according to the provisions of relevant laws or according to the provisions of competent authorities.
When the appointment term expires, the competent authority must consider reappointing or not reappointing, except in cases where it has not been reappointed or reappointed according to the provisions of law and the provisions of the competent authority.
The secondment, resignation, dismissal, removal from office and other related contents for management officials are carried out in accordance with the regulations of competent authorities and the Government.
The competent authority for managing civil servants or the authority delegated to manage civil servants decides to transfer civil servants from one public service unit to another public service unit within the scope of management according to the provisions of the Party or according to the provisions of the law on professional activities.
Also according to the newly passed law, civil servants are allowed to quit their jobs if they fall into one of the cases of termination of employment contracts, unilateral termination of employment contracts according to the provisions of the law on labor or fall into one of the cases as prescribed in Clause 4, Article 22 of this Law.
According to Clause 4, Article 22, in addition to cases of termination of employment contracts as prescribed, employment contracts shall be terminated in the following cases:
- Officials subject to disciplinary action by being forced to quit their jobs;
- Officials classified as having quality at the level of not completing tasks due to professional reasons or not meeting the requirements of the job position;
- Other cases as prescribed by law on industry, field or by agreement.
The severance allowance, unemployment allowance, and unemployment allowance are implemented in accordance with the provisions of law.
Civil servants are allowed to retire according to the provisions of the law on labor and the law on social insurance; retirement at a lower age or at an older age according to the provisions of the law on professional activities or according to the provisions of competent authorities.
The Government shall prescribe the authority, order, and procedures for termination and retirement; cases where the employment contract has not been terminated and shall specify in detail this content.
