Decree No. 259/2026/ND-CP of the Government regulating the recruitment, use and management of public employees, effective from July 2026, stipulates that management public employees may be dismissed if spouses and children violate the law.
According to Clause 2, Article 42 of the Decree, management officials may voluntarily resign or be considered for resignation when allowing relatives (wife, husband, children) to violate the law; fall into social evils and be concluded and evaluated by competent authorities as causing public outrage, adversely affecting the reputation of themselves and agencies and units.
In case management officials do not have a letter of resignation, the competent authority may still consider allowing them to resign from their positions if they fall into the above case.
Article 42 of Decree 259/2026/ND-CP stipulates that management officials are considered for resignation when they fall into one of the following cases:
Recognizing limitations in leadership and management capacity or no longer having enough prestige to complete assigned responsibilities and tasks.
There are over 50% of low confidence votes at the confidence vote according to regulations.
There is another legitimate personal reason.
Being the head of the unit under management, directly in charge or directly subordinate, causing serious corruption, waste, and negativity but not to the extent that disciplinary action must be considered and handled.
There were 2 consecutive years of not being classified as not completing tasks during his tenure.
Having acts of violating political qualities, ethics, lifestyle and being concluded and evaluated by competent authorities causing public outrage, adversely affecting the reputation of organizations and individuals.
Letting others take advantage of their positions and powers for personal gain, being concluded by competent authorities to cause serious consequences, adversely affecting the reputation of individuals and organizations, unless they themselves do not know.
Not daring to do, not daring to take responsibility, shirking, avoiding responsibility or not performing work under their authority according to assigned functions and tasks, being concluded by competent authorities to cause very serious consequences, creating bad public opinion and resentment among cadres, party members and people.
Other cases according to Party regulations and law.
Regarding disciplinary action against civil servants, Article 35 of the 2025 Law on Civil Servants stipulates that civil servants who commit violations of the law, depending on the nature and severity, will be subject to one of the disciplinary forms including: reprimand, warning, dismissal (for management civil servants) or forced dismissal.
In addition to the main form of discipline, officials disciplined may also be restricted from professional activities according to the provisions of relevant laws.
For civil servants who are sentenced to prison by the court without being granted a suspended sentence or convicted of corruption crimes, they are naturally forced to resign from the date the judgment or decision of the Court takes legal effect. In case they are management civil servants, when the judgment takes effect, they are also naturally relieved of their appointed positions.
