Regulations of the Politburo on dismissal and resignation of officials

The 4th Conference of the 13th Party Central Committee. Photo: Tri Dung/VNA

Respectfully introduce the full text of Regulation No. 41-QD/TW:

"REGULATIONS
on dismissal and resignation of officials

- Pursuant to the Party Charter;
- Pursuant to the Working Regulations of the 13th Central Executive Committee, Politburo and Secretariat;
- Pursuant to the regulations of the Central Executive Committee and the Politburo on personnel work,

The Politburo stipulates the dismissal and resignation of officials as follows:

Chapter I: GENERAL PROVISIONS

Article 1Scope of regulation and applicable subjects

This regulation stipulates the principles, authority, basis, and process for considering the dismissal and resignation of leaders and managers; applicable to leaders and managers in the political system (hereinafter referred to as officials).

Article 2. Word explanation

1. Dismissal is the decision by a competent authority to remove an official from his or her position before the end of his or her term of office or appointment due to failure to meet job requirements, loss of prestige, or violations that have not reached the level of disciplinary action requiring dismissal.

2. Resignation is when an official voluntarily requests to leave a position before the end of his/her term of office or appointment and is approved by a competent authority.

3. Violations causing serious consequences are violations of a large nature, level, and harmful effect, causing bad public opinion among cadres, party members, and the people, reducing the prestige of the individual and the party organization, agency, or unit where the party member lives and works.

4. Violations causing very serious consequences are violations of a very large nature, level, and harm, causing bad public opinion, great indignation among cadres, party members and people, damaging the reputation of the individual and the party organization, agency, or unit where the party member lives and works.

Article 3Principle

1. The Party unifies leadership of personnel work and manages the staff; ensures the principle of democratic centralism and the principles and regulations of the Party and the laws of the State.

2. Party committees, party organizations, leadership collectives, agencies, units, especially heads, must uphold responsibility in dismissing and resigning officials.

3. Resolutely and promptly consider dismissal or resignation of officials when there is sufficient basis. Do not allow resignation of officials who are subject to dismissal.

Article 4. Authority

1. The authority that appoints and recommends candidates according to regulations has the authority to consider dismissal or resignation of officials.

2. For cadres under the decision-making authority of superiors, the Party Committee, Party organization, and collective leadership shall report to the agency or unit employing the cadre to propose dismissal or resignation.

3. Party committees, party organizations, leadership collectives, superior agencies and units have the right to request subordinates to consider and carry out the dismissal or resignation of cadres when there is sufficient basis according to these Regulations.

Chapter II: GROUNDS FOR CONSIDERATION OF DISMISSAL AND RESIGNATION

Article 5. Basis for consideration of dismissal

Consideration of dismissal of officials is based on one of the following cases:

1. Being disciplined with warning or reprimand but reputation is reduced and unable to hold assigned position.

2. Being disciplined with reprimand two or more times in the same term or during the appointment period.

3. There are more than 2/3 of the low confidence votes at the voting period as prescribed.

4. Have two consecutive years of being classified as not completing the task.

5. Being concluded by a competent authority to have degraded political ideology, ethics, lifestyle, "self-evolution", "self-transformation"; violating things that party members are not allowed to do; violating the responsibility to set an example, negatively affecting the reputation of oneself and the agency or unit where one is working.

6. Being concluded by a competent authority to have violated political standards according to the Party's internal political protection regulations to the extent of being dismissed.

Article 6Basis for considering resignation

Consideration for resignation of staff is based on one of the following cases:

1. Due to limited capacity or no longer having enough prestige to fulfill assigned duties and tasks.

2. Allowing the agency or unit under one's management or responsibility to commit serious violations.

3. There are more than 50% of low confidence votes at the voting period as prescribed.

4. For other legitimate personal reasons.

Article 7. Basis for considering dismissal and resignation related to the responsibility of the head

Consideration of dismissal and resignation is related to the responsibility of the head when the competent authority concludes that corruption and negativity have occurred in the agency or unit under its management or responsibility; based on one of the following cases:

1. Dismissal of heads when agencies, units under their management, responsibility or direct subordinates are found to be involved in very serious corruption or negativity.

2. Leaders who take advantage of their assigned positions and powers to condone, cover up, or assist in corruption and negativity will be considered for resignation depending on the nature and severity of the violations.

3. Resignation of the head when the agency, unit under his/her management, responsibility or direct subordinates are found to be involved in serious corruption or negativity.

Chapter III: PROCEDURE FOR CONSIDERATION OF DISMISSAL, RESIGNATION AND WORK ARRANGEMENT FOR OFFICIALS AFTER RESIGNATION

Article 8. Procedure for considering dismissal and resignation

1. When there is sufficient basis for dismissal or resignation, within 10 working days at the latest, the Party Committee, Party organization, leadership collective, head of the agency or unit using the cadre or the agency advising on cadre work shall be responsible for discussing with the cadre and proposing to the competent authority for consideration and decision.

2. The competent authority shall consider and decide on dismissal or resignation within 10 working days; in case of necessity due to objective reasons, this period may be extended by no more than 15 working days.

3. Based on the decision of the competent authority, relevant agencies shall carry out the processes and procedures according to the provisions of the Party, State laws, charters and operating regulations of each organization.

Article 9. Dismissal and resignation records

1. Report of the staff agency on personnel work.

2. Decisions, conclusions, notices, opinions of competent authorities, conference minutes, resignation letters of cadres, proposed reports of cadre employing agencies and related documents.

Article 10. Job arrangement for officials after resignation

1. If an officer wishes to continue working after resigning, the competent authority can consider and arrange work suitable to the requirements and tasks of the agency or unit based on their capacity, ethics, and experience.

2. Officials who have resigned and been assigned to other jobs, if they are evaluated by competent authorities as good, meeting standards and conditions and overcoming weaknesses, violations and shortcomings, can be considered for planning, appointment and nomination for candidacy according to regulations.

Chapter IV: IMPLEMENTATION ORGANIZATION

Article 11. Implementation organization

1. Provincial Party Committees, City Party Committees, Party Committees, Party staff and support agencies, Party executive committees, Party delegations, leaders of agencies and units directly under the Central Government are responsible for implementing this Regulation; directing specific implementation in accordance with each agency and unit under their management authority according to decentralization and not contrary to this Regulation.

2. The National Assembly Party Delegation and the Government Party Committee direct the review, amendment, supplementation or promulgation of new relevant legal regulations.

3. The Central Organizing Committee shall coordinate with relevant agencies to monitor, inspect and supervise the implementation of this Regulation and periodically report to the Politburo.

Article 12. Effective date

This Regulation replaces Regulation No. 260-QD/TW dated October 2, 2009 of the Politburo and takes effect from the date of signing.