Cases of dismissal from positions, resignation for leading and managing civil servants

Decree 300/2026/ND-CP of the Government amending and supplementing a number of articles of Decree No. 170/2025/ND-CР of the Government regulating the recruitment, use and management of civil servants takes effect from August 1.

The Decree stipulates the principles for dismissal from positions, resignation, and dismissal. In which, promptly consider dismissal from positions, resignation, and dismissal of civil servants holding leadership and management positions when there is sufficient basis.

Encourage voluntary resignation from positions, resignation when not meeting task requirements, no longer having sufficient prestige or violations not serious enough to be dismissed.

In case after resigning from office, resigning, dismissing, and wishing to resign or retire, the regime and policies are resolved according to the provisions of law.

The consideration of dismissal from office for leading and managing civil servants is carried out when there is one of the following grounds:

Agencies, organizations, and units within the scope and field of management that do not achieve targets and plans as prescribed or important decisions, regulations, rules, schemes, programs, and projects chaired and proposed by their agencies, organizations, and units are concluded to be ineffective or at risk of causing adverse consequences, except for force majeure reasons;

Not promptly resolving complaints and denunciations under their authority, causing public outrage and adversely affecting the reputation of agencies, organizations, and units according to the conclusions of competent authorities;

Civil servants who are heads are irresponsible, not promptly handling when detecting civil servants under direct management seriously violating Party regulations and State laws;

There are also other cases according to Party regulations or legal regulations.

Leading and managing civil servants voluntarily resign and are considered for resignation when there is one of the following grounds:

Due to personal recognition of limitations in leadership and management capacity or no longer having sufficient prestige to complete assigned responsibilities and tasks;

There are over 50% of low confidence votes at the voting session as prescribed;

For other legitimate reasons of the individual;

Being the head of agencies, organizations, and units under their management, directly in charge, or directly subordinates who have committed serious corruption, waste, and negativity but not to the extent that they must be considered and disciplined according to regulations;

During the term of office, there are 2 consecutive years of being classified as not completing tasks;

Having acts of violating political qualities, ethics, lifestyle and being concluded and evaluated by competent authorities causing public outrage, adversely affecting the reputation of organizations and individuals;

To let relatives (wife, husband, children) violate state laws; fall into social evils and be concluded and evaluated by competent authorities, causing public outrage, adversely affecting the reputation of themselves and agencies, organizations, and units;

To allow others to take advantage of their positions and powers for personal gain and be concluded and evaluated by competent authorities, causing serious consequences and public outrage, adversely affecting personal and organizational reputation, unless they themselves do not know;

Not daring to do, not daring to take responsibility, shirking, avoiding responsibility, not performing work under their authority according to assigned functions and tasks and being concluded and evaluated by competent authorities causing very serious consequences, bad public opinion, and resentment among cadres, party members and people.

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