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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.: 54/2005/ND-CP
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Hanoi, April 19, 2005
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DECREE
OF THE GOVERNMENT NO.54/2005/ND-CP DATED APRIL 19, 2005 ON
THE REGIME OF SEVERANCE, REGIME OF COMPENSATION FOR TRAINING COSTS TOWARD
OFFICIALS, PUBLIC EMPLOYEES
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the Ordinance on Officials, Public Employees dated February 26, 1998; the Ordinance amending,
supplementing a number of Articles of the Ordinance
on Officials, Public Employees dated April 28,
2000 and Ordinance amending, supplementing a number of
Articles of the Ordinance on Officials, Public
Employees dated April 29, 2003;
At the proposal
of Minister of Home Affairs,
DECREES
Chapter 1:
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Article 1.
Scope of governing
Decree stipulates regime of the
employment termination, the compensation for training costs for officials and
public employees in the state agencies (hereinafter referred to as agencies),
administrative units of the state (hereinafter referred to as units).
Article 2.
Subjects of governing
Subjects of governing in this
Decree include:
1. Those who are prescribed at
points b, c, đ, e and h (hereinafter collectively referred to as public
employees) and those who are specified in point d (hereinafter referred to as
civil servants) of clause 1 Article 1 of the Ordinance amending and
supplementing a number of Articles of the Ordinance on officials and public
employees dated April 29, 2003;
2. Those that are prescribed at
clause 1 of Article 2 of this Decree are seconded to work in the economic
organizations, social organizations, social - professional organizations.
Article 3.
Principles for implementing regime of severance, compensation for training
costs
When agencies and units
implement the regime of severance, compensation for training costs for public servants,
public employees, they must ensure the following principles:
1. Settling aspirations of
employment termination of public servants and public employees as prescribed by
law and using effectively cost of annual routine activities of agencies and units
that are approved by the competent agency or from administrative revenues as
prescribed by law;
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3. Agencies, units must
establish Council of considering compensation for training costs; Council of
considering compensation for training costs based on seniority, dedication of
public servants, public employees to determine compensation level for a part or
all of the training costs calculated according to the provisions in point b,
clause 2 of Article 13 of this Decree;
4. Public servants, public
employees who are solved severance regime or must pay compensation for training
costs may complain to the competent agencies or units under the provisions of
law on complaints and denunciations or request the Court to resolve in
accordance with law regulations;
When agencies and units receive
complaints of public servants, public employees, it shall be responsible for
replying concerned persons according to the decentralization of management and
in accordance with the law regulations on complaints and denunciations;
5. Agencies, units who are
competent to manage public servants and public employees shall keep records of
public servants, public employees who terminated employment, those who must pay
the compensation for training costs;
Agencies, units and individuals
who are competent to manage records of civil servants and public employees must
take responsibility as prescribed by law when make records of public servants,
public employees who terminated employment, those who must pay the compensation
for training costs be loosen, damaged or falsified.
Article 4.
Public servants, public employees who are terminated employment due to
reorganization arrangement, reduction of staffs
Public servants, public employees
who are terminated employment due to reorganization arrangement, reduction of
staffs according to the decisions of the competent agencies, units who are not
subject to the regime of severance under the provisions of this Decree.
Chapter 2:
REGIME OF SEVERANCE
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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.
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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
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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;
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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.
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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.
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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.
Chapter 3:
COMPENSATION REGIME FOR
TRAINING COSTS
Article 12.
The cases required public servants, public employees to pay compensation for
training costs
1. After public servants, public
employees were sent for training that their time of service as required
prescribed in clause 2 of Article 13 of this Decree is not up but they arbitrarily
quit their jobs or unilaterally terminate the working contracts.
2. Public servants, public
employees who are in the time being sent out for training arbitrarily quit
their jobs or unilaterally terminate the working contracts.
Article 13.
The training costs calculated for compensation and method to calculate
compensation costs
1. The training costs calculated
for compensation include: expenses for training courses (including travel costs)
calculated by each person to be trained with time from 03 (three) months or
more from State budget, from official financial aid from foreign countries to
Vietnam, from funding of the agencies and units.
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a) For public servants, public
employees who are being in the time being sent out for training but they
arbitrarily quit their jobs or unilaterally terminate the working contracts or
returned to the agencies or units but they arbitrarily quit their jobs or
unilaterally terminate the working contracts right away, they must pay
compensation for the full training costs of such training course.
b) For other cases, compensation
expenses are calculated as follows:
Based on the time required to
serve and the time that public servants, public employees work continuously at
the agencies, units after completion of training course and the total costs of
training course to calculate the level of compensation as follows:
Training
costs required to pay compensation
=
Time
required to serve
_
Time
worked after completing the training course
x
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Time
required to serve
In which: Time required to serve
is stipulated threefold compared to the time of the training course.
Article 14.
Council of considering compensation for training costs and procedures for
considering compensation
1. Council of considering
compensation for training costs shall be decided to establish by the heads of
agencies and units. The Council has 05 members including:
a) The heads of agencies, units
or deputy heads of agencies, units are the Chairmen of the Council;
b) Representatives of leaders of
the trade union organization at the same level or trade union’s representatives
of agencies, units as the members;
c) The persons who are in charge
of training and improving work of public servants and public employees of the
departments of organization and personnel of agencies, units as the members;
d) Persons who are in charge of
the finance - accounting departments of the agencies, units as the members;
đ) Persons who are direct in
charge of the agencies or units of the person required to pay compensation as
the members;
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2. Process of considering
compensation for training costs is done in the following order:
Chairman of the Council announces the participants, appoints secretary;
The person who is in charge of
training and improving work of the personnel and organization department
reports the contents related to the compensation and the provisions on
compensation regime;
Person who is in charge of the
finance - accounting department reports the level of compensation under clause
2 Article 13 of this Decree;
Person who is direct in charge
of the agency or unit of the person required to pay compensation reports the
process of working of the person required to pay compensation;
The Council discusses and ballot
on the level of compensation after based on the provisions in clause 3 of
Article 3 of this Decree. Recommendation of the Council’s compensation level is
made in writing to request the competent agency, unit, or head of
administrative unit of the State to decide;
The Council shall dissolve by
its own after its completion of task.
Article 15.
Recovery of compensation costs
1. The person who must pay
compensation for training costs is responsible for paying the amount required
to pay compensation to the finance - accounting department of agency, unit
within 03 (three) months from the decision of the competent agency, unit.
2. Cost of training compensation
is settled as follows:
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b) For administrative units with
collection covering regularly-operating costs;
Administrative units with
collection covering a part of the regularly-operating costs, the cost of
training compensation shall be decided by the administrative units in balancing
revenues and expenditures to implement the training activities of the units as
prescribed by law.
3. Where person who must pay
compensation for training costs does not pay the amount as prescribed in clause
1 of this Article, the agency, unit shall not conduct procedures to return
insurance book and shall not confirm the other necessary documents, and may
request the Court to settle.
Chapter 4:
IMPLEMENTATION
PROVISIONS
Article 16.
Effect
1. This Decree takes effect 15
days from the date of its publication in the Official Gazette.
2. This Decree replaces Decree
No.96/1998/ND-CP dated November 17, 1998 of the Government on employment
termination regime for officials, public employees.
Article 17.
Responsibility for guiding implementation
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2. Minister of Finance is
responsible for guiding the management, use, and settlement of funds to pay for
severance and funds from recovery of compensation of training costs.
3. Competent agencies of
political organizations, political - social organizations based on the
provisions of this Decree to guide application for agencies and units of
political organizations, political - social organizations.
Article 18.
Responsibility for implementation
The ministers, heads of
ministerial-level agencies, heads of governmental agencies, Presidents of
People’s Committees of provinces and centrally-run cities are responsible for
the implementation of this Decree.
Phan Van Khai
(Sign)
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