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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 96/1998/ND-CP
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Hanoi,
November 17, 1998
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DECREE
THE REGIME OF JOB
SEVERANCE OF PUBLIC EMPLOYEES
THE GOVERNMENT
Pursuant to
the Law on Organization of the Government of September 30, 1992;
Pursuant to the Labor Code of June 23, 1994;
Pursuant to the Ordinance on Public Employees of February 26, 1998;
At the proposal of the Minister-Head of the Commission for Organization and
Personnel of the Government,
DECREES:
Article
1.- Government officials and public servants referred to in this
Decree are Vietnamese citizens on the payroll and receiving salary from the
State budget. They include:
1. Persons specified in Items 2,3,4 and 5 of
Article 1 of the Ordinance on Public Employees;
2. Government employees and public servants on
special assignment to work at economic organizations, social and professional
organizations which are already assigned payrolls by the competent authority;
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Article 2.-
1. Government officials and public servants who
stop working in the following cases shall enjoy the regime of job severance:
a/ Due to streamlining of organization or
reduction of payroll by decision of the competent agency or organization;
b/ They ask to cease working and their request
is accepted by the competent organization.
2. Government officials and public servants who
cease working without meeting the conditions for enjoying the monthly pension
as prescribed in Items 1 and 2 of Article 145 of the Labor Code shall receive a
lump-sum one-month allowance and other interests stipulated in Articles 3 and 4
of this Decree.
Article 3.- Government officials and public servants who
stop working due to streamlining of organization or reduction of payroll as
decided by the competent agency or organization shall enjoy the following job
severance regime:
1. They shall receive a sum to seek a new job
equal to three months’ salary and
allowances (if any). If after that they cannot find a new job, they shall receive
one month of their current salary and allowances (if any) for each working
year, the lowest rate must equal two months of their current salary and
allowances (if any);
2. They shall be assisted by the local
adminis-tration, allowed to register for household membership and created
conditions to carry on their livelihood when they return to their lawful
residence places;
3. They shall enjoy the regime of social
allowances, social insurance and other regimes as provided for by law.
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Article 5.- The work time used to decide the regime of job
severance for government officials and public servants stipulated in Item 1,
Article 2 of this Decree shall be determined as follows:
1. It is the total work time after the
government official or public servant receives his recruitment decision;
2. If the government official or public servant has
not received his/her job severance allowance for the period he/she works in
State enterprises or the armed forces this period shall be counted as work
time;
3. Besides, the following time shall also be
counted as work time of government officials and public servants:
a/ The time when the government official or
public servant works under provisional contracts with the agency or
organization according to the payroll assignment and during which he/she pays
social insurance and is subsequently officially recruited by the agency or
organization;
b/ The time when the agency employing the
government official or public servant sends them for training or fostering;
c/ The time when the government official or
public servant is on leave as stipulated in Articles 73, 74, 75 and 78 of the
Labor Code;
d/ The time when the government official or
public servant is off duty to receive medical treatment with written
certification by the doctor and receives social insurance allowance;
e/ The time when the government official or
public servant is on maternity leave as stipulated in Item 1, Article 117 and
Item 1, Article 144 of the Labor Code;
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g/ The time when the government official or
public servant is subjected to provisional suspension of work as prescribed in
Article 41 of the Ordinance on Public Employees.
Article 6.- Expenditures for the job severance regime are
stipulated as follows:
1. If the job severance is due to the
streamlining of organization or reduction of payroll by decision of the
competent agency or organization, expenditures shall be paid by the State
budget;
2. For other cases of job severance, they shall
be paid by the ministries, branches and localities from the administrative and
non-business budget assigned by the Government;
3. If the government official or public servant
has worked for some time at a State enterprise, the enterprise shall have to
pay the job severance allowance for the period he/she works at the enterprise.
The payment shall be transferred through the notice of the unit where the government
official or public servant is working so that the former unit shall pay the
allowance. In case the former unit has been dissolved or it is really meeting
financial difficulties, payment shall be made by the State budget.
Article 7.-
1. Government officials or public servants who
are disciplined by forcible cessation of work shall not be entitled to the job
severance regime and other interests.
2. Government officials or public servants who
forsake their work on their own initiative shall, besides being disciplined
through forcible cessation of work, not enjoy the job severance regime and
other interests and moreover shall have to pay compensation to the agency or
organization employing them for the expenditures in training and fostering (if
any) on the following principles:
a/ Compensation shall be made only for the
courses organized by the agency or organization or if the agency or
organization sends them for training and fostering in the country and abroad
for three months or more;
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c/ The agency or organization must set up a Council
to consider compensation of training and fostering expenditures for government
officials and public servants and propose to the agency or organization with
managerial competence over government officials and public servants for
decision.
3. The Council to consider compensation shall
comprise:
- The head of the agency or organization or
his/her deputy who is delegated by him/her to head the Council;
- The representative of the leadership of the
trade union organization of the same level;
- The person in charge of training and fostering
government officials and public servants of the agency or organization;
- The person in charge of the
finance-accountancy section of the agency or organization;
- The person in charge of the unit directly
employing the person who has to pay the compensation.
4. The Council shall meet to consider the
compen-sation in the following order: The Chairman of the Council announces the
composition of the participants, appoints the secretary; the representative of
the training and fostering section reports on the regime and level of
compensation; the Council listens to the explanations of the person who has to
make the compensation; The Council discusses and casts secret votes on the
level of compensation. The result shall be recorded in writing for the
competent agency or organization to decide. The Council shall dissolve by
itself after completing its task.
5. In case the person who has to pay
compensation for the training and fostering cost does not strictly execute the
decision, the competent agency or organization has the right to ask the Court
to settle.
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Article 9.- Agencies and organizations must not allow
government officials or public servants to cease working as stipulated in Item
1 Article 2 of this Decree in the following cases:
1. The government official or public servant is
on annual leave or is taking a leave on personal affairs and other cases of
absence permitted by the head of the agency or organization;
2. The government official or public servant is
sick or meets with accident, is suffering from occupational disease or is
receiving treatment at the hospital by decision of the doctor;
3. Female government officials and public
servants who are pregnant, on pregnancy and maternity leave or nursing children
under 12 months old, unless they apply for cessation of work.
Article 10.- Organizations and individuals that fail
to implement or incorrectly implement this Decree shall, depending on the
character and extent of the violation, be disciplined or examined for penal
liabilities as prescribed by law. If they cause material losses, they shall
have to make compensation.
Article 11.- When ceasing to work, if the government
official or public servant deems that their treatment is not yet appropriate,
he/she may appeal to the competent agency or organization as prescribed by the
legislation on complaints and denunciations.
Upon receiving the complaint of government
officials or public servants, the agencies or organizations shall have to reply
to the complainants and within the time-limit prescribed by law.
Government official and public servants
disciplined through forcible cessation of work may appeal to the competent
agency or organization or start an administrative case at the Court as
prescribed by law.
Article 12.-
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2. This Decree replaces the regulations on job
severance in the following documents:
- Decree No. 24/CP of November 8, 1962 of the
Government Council promulgating the Regulations on recruitment and job
severance of State workers and Government employees;
- Decree No. 109/HDBT of April 12, 1991 of the
Council of Ministers on streamlining the payroll organization of the
administrative and non business sector;
- Decision No. 111/HDBT of April 12, 1991 of the
Council of Ministers on a number of policies in the arrangement of the
payrolls;
- Decision No. 76/HDBT of March 9, 1992 of the
Council of Ministers on the policy and measures to step up the streamlining of
the payrolls in the administrative and non-business sector.
Article 13.- The Minister-Chairman of the Government
Commission for Organization and Personnel shall have to guide the
implementation of this Decree.
Article 14.- The Ministers, the Heads of ministerial-level
agencies, the Heads of the agencies attached to the Government, the Presidents
of the People’s Committee of the
provinces and cities directly under the Central Government and the Heads of the
related agencies and organizations shall have to implement this Decree.
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