The Ministry of Home Affairs proposes many new regulations on resignation and dismissal of leading civil servants.

Minister of Home Affairs Pham Thi Thanh Tra has just submitted to the Prime Minister a draft Decree amending and supplementing a number of articles of Decree No. 138/2020 on recruitment, use and management of civil servants and Decree No. 06/2023 on quality assessment of civil servant input.

According to information from the Ministry of Home Affairs, the draft Decree has been submitted for comments from Government members and all have unanimously approved it.

Of which, 12 Government members voted to approve the draft and had no other opinions; 11 members voted to approve the draft and proposed to accept, revise or explain some contents.

The Ministry of Home Affairs reported to Prime Minister Pham Minh Chinh and Deputy Prime Minister Tran Luu Quang on receiving and explaining the opinions of Government members on the draft Decree.

The Ministry has reviewed, revised and institutionalized a number of regulations recently issued by the Politburo. One of the notable contents is that the Ministry reviewed and revised to ensure consistency with the Party's regulations on resignation and dismissal.

Draft Decree amending and supplementing Article 65 of Decree No. 138/2020 on "Resignation of leading and managing civil servants".

Accordingly, consideration of resignation for civil servants holding leadership and management positions is carried out in the following 6 cases:

Voluntarily resigning from a leadership or management position; due to limited capacity or no longer having enough health or prestige to fulfill assigned duties and tasks; allowing serious violations to occur in an agency or unit under management or responsibility; having more than 50% but not more than 2/3 of the votes of confidence at the voting period as prescribed;

A leading or managing civil servant is a person in charge who abuses his or her assigned position and authority to condone, cover up, or assist in corruption or negative acts. Depending on the nature and severity of the violation, the competent authority shall consider allowing him or her to resign. A leading or managing civil servant is a person in charge of an agency, unit under his or her management, charge, or direct subordinate who allows serious corruption or negative acts to occur.

The draft Decree also stipulates additional cases of being considered for resignation "for other legitimate reasons".

After resignation, if a civil servant in leadership or management wishes to work, the competent authority shall consider and arrange a job suitable to the requirements of the agency, organization or unit based on his/her capacity, ethics and experience, and report to the competent authority for consideration and decision.

The draft Decree also amends and supplements Article 66 on “Dismissal of leaders and managers”. Consideration for dismissal of leaders and managers is carried out in 7 specific cases.

The Ministry of Justice proposed to clarify the reasons or make adjustments and supplements to ensure consistency in the voting process in the dismissal review process. Explaining this content, the Ministry of Home Affairs said that Regulation No. 80/2022 of the Politburo on "decentralization of cadre management and appointment and introduction of cadres for election" clearly states that in cadre management, it is necessary to strictly implement the principle of democratic centralism and collective decision-making. At the same time, the Politburo also requires full promotion of personal responsibility, first of all the leaders in cadre work and cadre management, including dismissal, removal from office, suspension from office, and cadre discipline... must be discussed democratically by the Party Committee, Party organization and the competent leadership collective and decided by majority. “The dismissal of officials and civil servants holding leadership and management positions directly affects the interests of individuals and must be decided carefully, thoroughly, and in accordance with principles. Therefore, the regulation on voting in the dismissal consideration process is necessary and in accordance with Party regulations,” the Ministry of Home Affairs analyzed.

These are those who have been disciplined with warnings or reprimands but their reputation has declined and they cannot continue to hold their positions; have been disciplined with warnings or reprimands twice or more during the same term of appointment; have more than 2/3 of the votes of confidence in the prescribed voting period; have been classified as not completing their tasks for 2 consecutive years.

The next case is being concluded by a competent authority to have degraded political ideology, morality, lifestyle, "self-evolution", "self-transformation"; violated things that party members are not allowed to do; violated the responsibility to set an example, negatively affecting the reputation of oneself and the agency or unit where one is working.

The two remaining cases considered for dismissal are: Being concluded by a competent authority to have violated political standards according to the Party's internal political protection regulations to the extent that he/she must be dismissed; the head of an agency, unit under his/her management, responsibility or direct subordinate has very serious corruption or negativity.

In addition, the draft Decree also stipulates other cases of dismissal under the decision of competent authorities.

After a leading or managing civil servant is dismissed, the competent authority shall consider assigning work appropriate to the requirements of the agency or unit; the civil servant is responsible for implementing the assignment decision of the competent authority.

In case a leading or managerial civil servant is dismissed due to his/her quality being classified as not fulfilling his/her duties for 2 consecutive years, the competent authority shall dismiss him/her in accordance with the provisions of law. The decision to dismiss him/her is also the decision to terminate his/her employment.

Resignation due to health reasons will be retained for 6 months of position allowance

The Draft Decree also amends Article 68 on "Regime and policies for leaders and managers who resign or are dismissed".

For leaders and managers who resign due to limited capacity or no longer have enough health or prestige to fulfill assigned duties and tasks; let the agency or unit under their management or responsibility commit serious violations; have more than 50% but not more than 2/3 of the votes of confidence at the voting period according to regulations, their current leadership position allowance will be retained for 6 months from the date of the decision to resign.

During the consultation process, the Ministry of Finance proposed to consider a regulation that in cases where a leading civil servant commits a serious violation that requires him to resign, he will be entitled to a 6-month allowance retention regime. Explaining this content, the Ministry of Home Affairs said that this regulation inherits the current regulations and in reality, it does not cause any difficulties or problems. Therefore, the Ministry of Home Affairs proposed to keep it as in the draft Decree.

In case of voluntary resignation from position and being allowed to resign by competent authority, the current leadership position allowance will be retained until the end of the term of office...

Dismissed leaders and managers are not entitled to position allowance from the date of dismissal decision.

After resignation or dismissal, if a civil servant voluntarily retires or quits his/her job, it will be resolved according to current regulations.

After resigning or being dismissed, if a civil servant in leadership or management wishes to continue working, the competent authority will consider and arrange for him/her to do professional work (not leadership or management), and he/she will retain the civil servant rank to which he/she was appointed or be appointed to another rank suitable for his/her job position.

Civil servants who voluntarily resign after being disciplined and have 5 years or more of work remaining will be considered by competent authorities on a case-by-case basis to arrange work in a direction of reducing one level compared to the position before being disciplined.

After the prescribed period, if they overcome their mistakes and shortcomings, are assessed as having excellently completed their tasks, and meet the standards and conditions, they will still be considered for planning, appointment, and nomination by competent authorities according to regulations.