How Are Civil Servants Resigning Entitled to Benefits?

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Pursuant to the provisions of Article 3 Decree 46/2010/ND-CP, there are two cases where officials are eligible to receive severance policies, specifically:

- By personal request and with the consent of the competent authority, organization, or unit.- Due to not completing tasks for two consecutive years as stipulated in Clause 3, Article 58 of the Law on Public Officials and Civil Servants.

According to Article 6 of this Decree, the working period considered for severance allowance is the total working period calculated by years with social insurance contributions (intermittent periods are cumulatively calculated) without having received severance or demobilization allowance, including:

- Periods working in agencies, organizations, units of the Communist Party of Vietnam, the State, and socio-political organizations.- Periods working in the People’s Army and People's Public Security.- Periods working in state-owned companies as regulated by the Law on Enterprises.- Periods working according to staffing quotas assigned by competent authorities in socio-political-professional organizations, social organizations, and socio-professional organizations.- Periods sent by agencies, organizations, or units for training and further education.- Periods on leave with salary as per the labor laws.- Periods on leave receiving sickness, maternity, labor accident, occupational disease, health recovery allowances per social insurance laws.- Periods under disciplinary action or criminal prosecution subsequently concluded as wrongful by competent authorities.- Periods of suspension from work as stipulated in Article 81 of the Law on Public Officials and Civil Servants.- Periods assigned work while serving suspended sentences, non-custodial reform according to court verdicts or decisions.

Note: If the working period calculated for severance allowance includes fractional months, it is calculated as follows:

- Less than 03 months is not counted;- From 03 to 06 months is counted as 1/2 year of working;- More than 06 months to 12 months is counted as 01 year of working.

Regarding the severance allowance, Article 5 of Decree 46/2010/ND-CP stipulates that for each working year, an official is entitled to an allowance equal to 1/2 month of their current salary, including: salary at grade, rank, leadership position allowance, seniority allowance, seniority beyond frame allowance, professional seniority allowance, and salary difference coefficient, with the minimum allowance being 01 month of the current salary.

Note: The severance regime for officials in the People's Army of Vietnam is guided by Circular 148/2010/TT-BQP.

Nguyen Trinh

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