Chương 2 Nghị định 46/2010/NĐ-CP: Quy định về thôi việc

Chapter II

PROVISIONS ON JOB DISCONTINUATION

Article 3. Cases in which civil servants are entitled to job discontinuation regime

Civil servants will enjoy the job discontinuation regime prescribed in this Decree in the following cases:

1. At their own aspirations and with the consent of competent agencies, organizations or units.

2. Non-accomplishment of their tasks for two consecutive years as provided for in Clause 3, Article 58 of the Law on Cadres and Civil Servants.

Article 4. Job discontinuation procedures

1. Case of desired job discontinuation:

a/ Civil servants shall send their written applications to competent agencies, organizations or units:

b/ Within 30 days after receiving the applications, competent agencies, organizations or units, if agreeing to permit civil servant to resign, shall issue written job discontinuation decisions; if they disagree to permit civil servants to resign, they shall reply in writing and clearly state the reasons for disagreement as provided for at Point c of this Clause;

c/ Reasons for disallowing job discontinuation:

Civil servants are currently in the period of rotation or secondment, examined for disciplines or penal liability;

Civil servants have not yet finished the service time as committed to their agencies, organizations or units when they were recruited through selection tests;

Civil servants have not yet fulfilled the payment of money amounts or assets under their personal liabilities towards their agencies, organizations or units:

Due to task requirements of their agencies, organizations or units or their replacements have not yet been arranged.

2. Case of job discontinuation due to non-accomplishment of tasks for two consecutive years:

a/ Within 30 days after the results of civil servant categorization are available, competent agencies, organizations or units shall notify the concerned civil servants in writing of their job discontinuation, except the case defined in Clause 4. Article 59 of the Law on Cadres and Civil Servants.

b/ Within 30 days after making the written notices, competent agencies, organizations or units shall issue decisions on job discontinuation.

3. Within 30 days after issuing job discontinuation decisions, competent agencies, organizations or units shall pay job discontinuation allowances to civil servants.

Article 5. Job discontinuation allowance

Civil servants who discontinue their jobs will be entitled to a job discontinuation allowance as follows: For every working year, the allowance is equal lo 1/2 (half) of their respective current monthly wages, including the wages paid according to salary ranks and grades, position allowance, extra-seniority allowance, professional seniority allowance and wage reservation difference coefficient (if any). The lowest allowance level is equal to their current I (one) month's wage.

Article 6. Working duration used for job discontinuation allowance calculation

1. The working duration used for job discontinuation allowance calculation is the total number of years of social insurance payment or the cumulated number if such working duration is interrupted for which job discontinuation or demobilization allowance has not yet been paid, including:

a/ The duration of working in agencies, organizations or units of the Communist Party of Vietnam, the State or socio-political organizations:

b/ The duration of working in the People's Army and/or the People's Public Security;

c/The duration of working in state companies under the Enterprise Law:

d/ The duration of working under payroll quotas assigned by competent agencies to socio-politico-professional organizations, social organizations or socio-professional organizations:

e/ The duration of training or retraining they attended under decisions of their respective agencies, organizations or units;

f/ The duration of paid leaves under the labor law;

g/ The duration of sickness, maternity, labor accident, occupational disease, health restoration and rehabilitation leaves as prescribed by the law on social insurance;

h/ The duration during which they were disciplined or examined for penal liability, which was concluded as unjust and wrong by competent agencies or organizations:

i/ The duration of suspension from working under Article 81 of the Law on Cadres and Civil Servants:

j/ The duration of working under suspended sentences or non-custody reform judgments or rulings of courts.

2. The working duration defined in Clause I of this Article, if having odd months, will be calculated as follows:

a/ Under 3 (three) months will not be counted;

b/ Between full 3 (three) months and full 6 (six) months will be counted as equal to 1/2 (half) of a working year;

c/ Between over 6 (six) months and 12 (twelve) months will be counted as equal to 1 (one) working year.

Article 7. Funding sources for payment of job discontinuation allowances

1. For civil servants working in agencies of the Communist Party of Vietnam, the State, socio polical organizations at central level, in provinces, centrally run cities, rural districts, urban districts, towns or provincial cities: in agencies or units of the People's Army or the People's Public Security, funding sources for job discontinuation allowance payment will be included in estimates of expenditures for regular operation, assigned annually by competent bodies.

2. For civil servants within leadership or managerial apparatuses of public non-business units, funding sources for job discontinuation allowance payment will be as follows:

a/ For public non-business units having their regular operation expenditures fully or partially covered by state budget funds, funding sources for job discontinuation allowance payment will be channeled from respective regular operation funds assigned annually by competent authorities and from their non-business operation revenues under law;

b/ For public non-business fully financing their regular expenditures, funding sources for job discontinuation allowance payment will come from their non-business operation revenues under law.

Article 8. Other regimes

Civil servants discontinuing their jobs are entitled to job discontinuation allowances prescribed in Article 5 of this Decree and the social insurance regimes prescribed by law.