VI Managerial public employees: How are work positions assigned following dismissal? Let’s explore this further with Pham Consult!
Managerial public employees: How are work positions assigned following dismissal?
Pursuant to Article 45 of Decree 259/2026/NĐ-CP, which governs work assignments and the policies applicable to public employees following their removal from office, resignation, or dismissal, the regulations are as follows:
Work assignments and policies for public employees following removal from office, resignation, or dismissal
- Work assignments for managerial public employees following removal from office, resignation, or dismissal
- c) Regarding public employees following dismissal
After being dismissed, a public employee shall be considered by the competent authority for a professional (non-managerial) role. After serving in this new position for at least 36 months—provided that the individual has effectively addressed their previous misconduct or shortcomings, has been evaluated as having performed their duties at a “good” level or higher, and meets all required standards and conditions—the competent authority may consider them for future planning or appointment in accordance with regulations.
In cases of dismissal falling under points a, b, c, or d of Clause 1, Article 43 of this Decree, if the public employee voluntarily submits their resignation, the competent authority may consider assigning them to a position one level lower than the one previously held, or to another appropriate position (in instances where no position one level lower is available under the established organizational structure). After serving in a new position or role for at least 24 months—provided that any previous violations, shortcomings, limitations, or weaknesses have been effectively addressed, performance is evaluated as “good” or higher, and all required standards and conditions are met—an individual may be considered by the competent authority for inclusion in succession planning or for appointment to a position equivalent to the one held prior to their dismissal, in accordance with regulations.
Accordingly, the assignment of duties and the application of policies for public employees following their dismissal are as follows:
– Upon dismissal, the competent authority shall consider assigning the individual to a professional or technical role, rather than a managerial position.
– In cases of dismissal falling under points a, b, c, or d of Clause 1, Article 43 of Decree 259/2026/NĐ-CP, if the public employee voluntarily submits their resignation, the competent authority may consider assigning them to a position one level lower than the one previously held, or to another appropriate position (in the event that no position one level lower is available).
Managerial public employees: How are positions assigned to public employees following their dismissal under current regulations?
In what cases is the dismissal of a managerial official considered?
The dismissal of a managerial official is considered in the cases specified in Clause 1, Article 43 of Decree 259/2026/NĐ-CP, as follows:
– The official has received a disciplinary warning and has been assessed by the competent authority as having limited capacity and diminished credibility, rendering them unable to continue fulfilling their assigned position;
– The official has received a disciplinary reprimand on two or more occasions during a single term of appointment in relation to their assigned duties and responsibilities;
– The official has received a “low confidence” vote from more than two-thirds of the voters during a formal vote of confidence;
– The official has been rated as “failing to complete assigned tasks” for two consecutive years;
– The competent authority has concluded that the official has experienced a degradation in political ideology, ethics, or lifestyle—manifesting as “self-evolution” or “self-transformation”—or has violated prohibitions applicable to Party members, failed to uphold the responsibility to set an example, caused public discontent, or negatively impacted their own reputation or that of the agency or unit where they work;
– The competent authority has concluded that the official has violated political standards—as defined by regulations on the internal political security of the Party—to an extent that warrants dismissal;
– A head of an agency or unit has allowed corruption, waste, or other negative practices to occur within their unit or among their direct subordinates, resulting in very serious consequences (as determined by the competent authority), even if the situation does not yet reach the threshold for formal disciplinary action;
– A head of an agency or unit has allowed serious internal conflict or a breakdown in unity to occur within their unit, as determined by the competent authority;
– Upon the recommendation of a competent authority. – Falling under one of the circumstances specified in Clause 2, Article 42 of this Decree but failing to resign voluntarily;
– Other cases as prescribed by the Party and the law.
What is the procedure for considering the dismissal of a managerial public employee?
Clause 2, Article 43 of Decree 259/2026/NĐ-CP stipulates the procedure for considering the dismissal of a managerial public employee as follows:
– Upon the emergence of sufficient grounds for dismissal, the head of the agency or unit employing the public employee—or the body/division responsible for personnel affairs—shall, within 10 working days, consult with the public employee and submit a proposal to the competent authority for consideration and decision;
– Within 10 working days from the date of receiving the written proposal from the head of the agency or unit employing the public employee (or the body/division responsible for personnel affairs), the competent authority shall consider and decide on the dismissal; in necessary cases due to objective reasons, this period may be extended by no more than 15 working days.
The collective leadership of the agency, organization, or unit, along with the standing committee of the Party committee at the same level, must discuss and clearly define the grounds for dismissal—based on the proposal from the body/division responsible for organizational and personnel affairs—before conducting a vote by secret ballot. A decision to dismiss a public employee requires the approval of more than 50% of the collective leadership and the standing committee of the Party committee at the same level; if the approval rate is 50% or less, the head shall make a decision within their authority or submit the matter to a higher competent authority for consideration and decision.
