Public employees who want to quit their job at will must make an application and send it to a competent agency, organization, or unit for consideration and decision. So, can a public employee in the middle of being disciplined quit his/her job in Vietnam?

Can a public employee in the middle of being disciplined quit from his/her job in Vietnam? (Illustration)
According to Clause 2, Article 57 of Vietnam's Decree 115/2020/ND-CP, public employees shall net be dismissed if they fall into one of the following cases:
+ In the middle of time being disciplined, investigated, prosecuted or probation.
+ He/she has not work for long enough at a public service unit when being sent for training.
+ The payment of money and property under the responsibility of a public employee has not been completed yet.
+ Due to work requirements, no replacement has been arranged.
On the other hand, if the public employee commits a violation of the law while being considered for disciplinary action or is within the disciplinary sanctioning period but reaches retirement age, he/she will still carry out the procedures to receive retirement benefits according to Clause 1, Article 38 of Vietnam's Decree 112/2020/ND-CP.
Thus, public employees who are in the period of disciplinary action are not entitled to severance. Therefore, an employee who submits a resignation letter while being disciplined will not be considered and accepted by a competent agency, organization, or unit. However, in the event of reaching retirement age, public employees are still entitled to receive retirement benefits according to regulations in Vietnam.
|
The statute of limitations and time limit for disciplining public employees According to Clause 7, Article 2 of the Law on Cadres and Civil Servants and the 2019 Law on Public Employees amending and supplementing Article 53 of the Law on Public Employees (2010), it stipulates as follows:
|
Bao Ngoc
| Address: | 19 Nguyen Gia Thieu, Vo Thi Sau Ward, District 3, Ho Chi Minh City |
| Phone: | (028) 7302 2286 |
| E-mail: | [email protected] |