Does not completing tasks for 2 consecutive years automatically result in dismissal?

Reply:

Pursuant to Article 29 of the 2010 Law on Civil Servants supplemented by Clause 4, Article 2 of the Law on Cadres and Civil Servants and the 2019 amended Law on Civil Servants, the provisions on unilateral termination of employment contracts are as follows:

Article 29. Unilateral termination of employment contract

1. Public service units are allowed to unilaterally terminate employment contracts with civil servants in the following cases:

a) Officials who have been classified as not completing their tasks for 2 consecutive years;

b) Officials are forced to quit their jobs according to the provisions in Point d, Clause 1, Article 52 and Clause 1, Article 57 of this Law;

c) An employee working under an indefinite-term employment contract who is sick and has been treated for 12 consecutive months, or an employee working under an indefinite-term employment contract who is sick and has been treated for 6 consecutive months but has not recovered his or her ability to work. When the employee's health has recovered, he or she will be considered for a new employment contract;

d) Due to natural disasters, fires or other force majeure reasons as prescribed by the Government, the public service unit is forced to reduce its scale, causing the job position that the civil servant is holding to no longer exist;

d) When a public service unit ceases operations according to a decision of a competent authority.

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On the other hand, according to point d, clause 1, Article 52, Law on Civil Servants 2010 stipulates the following forms of discipline for civil servants:

Article 52. Disciplinary measures for civil servants

1. Civil servants who violate the provisions of law in the course of performing work or duties shall, depending on the nature and severity of the violation, be subject to one of the following disciplinary measures:

a) Reprimand;

b) Warning;

c) Dismissal;

d) Forced dismissal.

.....

Pursuant to Clause 1, Article 57 of the 2010 Law on Civil Servants, civil servants subject to criminal prosecution are specifically stipulated as follows:

Article 57. Regulations for civil servants subject to criminal prosecution

1. An official sentenced to imprisonment without suspension by the Court or convicted of corruption by the Court shall be forced to resign from the date the Court's judgment or decision takes legal effect.

2. A management official who is convicted by the Court shall automatically cease to hold the management position from the date the Court's judgment or decision takes legal effect.

Thus, an official who is assessed as failing to complete his/her tasks for 2 consecutive years will not automatically be dismissed. However, the official's employment contract may be unilaterally terminated by the Public Service Unit if he/she is assessed as failing to complete his/her tasks for 2 consecutive years.

On the other hand, dismissal is one of the forms of discipline for civil servants in the following cases:

- Violation of legal regulations in the performance of work or duties.

- Being sentenced to imprisonment without suspension or being convicted by the Court for corruption. For management officials who are removed from their management positions when convicted by the Court.

Principles of civil servant recruitment

Pursuant to Article 21 of the 2010 Law on Civil Servants, the principles of civil servant recruitment are as follows:

- Ensure publicity, transparency, fairness, objectivity and legality.

- Ensure competitiveness.

- Select the right person to meet the requirements of the job position.

- Enhance the responsibility of heads of public service units.

- Priority is given to talented people, people with revolutionary contributions, and ethnic minorities.