Chương 2 Nghị định 54/2005/NĐ-CP: Chế độ thôi việc

Chapter 2:

REGIME OF SEVERANCE

Article 5. The cases of enjoyed regime of severance of public servants, public employees

1. The officials who have application for voluntary resignation and approved in writing by the competent agencies or units.

2. Public employees who are enjoyed the regime of severance in the following cases:

a) Public employees who are recruited from July 01, 2003 apply for voluntary resignation and approved in writing by the competent agencies or units;

b) Public employees who are recruited from July 01, 2003 apply for voluntary resignation and approved in writing for termination of the employment contracts by heads of the units;

c) Public employees who are recruited from July 01, 2003 and their employment contracts expired but the heads of units do not agree to sign new contracts.

Article 6. The cases of not enjoyed regime of severance of public servants, public employees

1. Public servants, public employees who are disciplined under form of dismissal.

2. Public servants and public employees who arbitrarily quit their jobs without the consent of the competent agencies, units.

3. Public employees who are unilaterally terminate the labor contracts.

Article 7. The cases of unresolved regime of severance of public servants, public employees

1. Public servants, public employees who are being in the time of being considered for discipline or prosecuted for criminal liability.

2. Public servants, public employees who are required to pay compensation for material damages as prescribed by law.

3. The public employees who are being in one of the following cases that have not been laid off under the provisions of point c, clause 2 of Article 5 of this Decree:

a) Annual leave, leave for own business and the other cases of leave permitted by the heads of units;

b) Being sick or accident, occupational disease being treated and certified by the competent health authorities from district-level or more;

c) Being pregnancy, maternity leave, raising child under 12 (twelve) months old.

Article 8. Severance allowance

Public servants, public employees terminating employment under the provisions of this Decree, then each year of employment shall be calculated equal to 1/2 (second) of enjoyed-being salary month (the salary according to rank, scale) and the enjoyed-being allowances (if including the allowances to be paid social insurance) defined by the State; the lowest case is also enjoyed equal to 01 (one) enjoyed-being salary month and the enjoyed-being allowance (if any) defined by State.

Article 9. Working time calculated severance allowance

1. Working time calculated severance allowances for public employees specified in this Decree is the total working time (cumulated) since the decision of recruitment until the public employees have decided employment termination of the competent agencies.

Total working time includes:

a) The time actually worked at the agencies, administrative units of state;

b) The time in state-owned enterprises, the armed forces without enjoying the severance allowance or are not enjoyed the demobilization regimes;

c) The time signed labor contracts by the agencies, units;

d) The time sent for training, improving by the agencies, units;

đ) Time off under the provisions of Articles 73, 74, 75 and Article 78 of the Labor Code;

e) Time off to treat with certificates of competent health agencies from district level upwards and this time is enjoyed social insurance allowance;

g) Time for maternity leave as prescribed in clause 1 of Article 144 and clause 1 of Article 117 of the Labor Code;

h) Time being disciplined or prosecuted for criminal liability which was concluded as victim of an injustice by competent agencies, organizations as prescribed in Article 45 of the Ordinance on Officials and public employees;

i) Time suspended work under the provisions of Article 41 of the Ordinance on Officials and public employees;

k) Time to execute the penalty according to the sentence or decision of the Court (in case of enjoyed suspended sentence, non-custodial re-education) and during this time they are arranged to work by agencies, units.

2. Working time calculated severance allowances for public employees specified in this Decree:

a) The public employees who are recruited before July 01, 2003: means the total working time (cumulated) since the decision to recruit until the public employees receive the decision of employment termination of the competent agencies, organizations;

Total working time includes the time specified in points a, b, c, d, đ, e, g, h, i and k, clause 1 of Article 9 of this Decree;

b) The public employees who are recruited from July 01, 2003: The total working time under the working contracts (cumulated) in that units until they receive the decision of employment termination of the competent agencies or units.

Total working time includes:

- Time of actual working of public employees under the working contract in the units where the public employees dismissed by the competent agencies and units;

- Time to participate in the armed forces of the time that public employees working under the working contracts in the units where the public employees dismissed by the competent agencies and units but this time has not been yet paid severance or has not been yet enjoyed the demobilization regime;

- Time specified in points d, đ, e, g, h, i and j, clause 1 of Article 9 of this Decree of the working time under the working contract in the places where public employees are dismissed by the competent agencies or units.

3. Working time to calculate the severance allowance specified in Article 9 of this Decree is the time with paying social insurance in the agencies, units of the State.

4. Method to calculate working time for the odd months are stipulated as follows:

a) From 01 (one) month to less than 07 (seven) months shall be calculated in half (second) of working year;

b) From full 07 (seven) months to 12 (twelve) months shall be calculated equal to 01 (a) working year.

Article 10. Expenditures for paying the severance allowance

Expenditures for paying the severance allowance is defined as follows:

1. In the state agencies, funding sources to pay severance allowances for public servants taken from regularly operating costs which have been assigned by competent agencies annually by the ministries, ministerial-level agencies, Governmental agencies, the People's Committees of provinces and centrally-run cities;

2. In the administrative units of the state:

a) Administrative units are granted expenditures for all regular activities by the state budget; administrative units with income self-covering a part of cost of regular activities, the funding source to pay severance allowances shall be taken in regularly operating expenditures of the units, including operating expenditures assigned by the competent agencies and income from administrative activities in accordance with law regulations;

b) Administrative units with income self-covering cost of regular activities, the funding source to pay severance allowances shall be taken in regularly operating expenditures of the units.

Article 11. Other regimes

1. Public servants, public employees who terminate employment are enjoyed severance allowance as prescribed in Article 8 of this Decree, are enjoyed social allowance, social insurance and other benefits as prescribed by law.

2. Public servants and public employees who terminate employment as prescribed in Article 5 of this Decree shall be assisted, registered population, and created conditions for living by the local government.