VietnameseDecree No. 46/2010/ND-CP dated April 27, 2010 of the Government providing for job discontinuation and retirement procedures applicable to civil servants
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Decree No. 46/2010/ND-CP dated April 27, 2010 of the Government providing for job discontinuation and retirement procedures applicable to civil servants
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 46/2010/ND-CP | Signer: | Nguyen Tan Dung |
| Type: | Decree | Expiry date: | Updating |
| Issuing date: | 27/04/2010 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Labor - Salary , Policy |
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Effect status: Known
THE GOVERNMENT | SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom - Happiness |
No.: 46/2010/ND-CP | Hanoi, April 27, 2010 |
DECREE
PROVIDING FOR JOB DISCONTINUATION AND RETIREMENT PROCEDURES APPLICABLE TO CIVIL SERVANTS
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 13, 2008 Law on Cadres and Civil Servants;
At the proposal of the Minister of Home Affairs,
DECREES:
Chapter I GENERAL PROVISIONS
Article 1. Scope and subjects of application
1. This Decree provides for job discontinuation and retirement procedures applicable to civil servants stated in the Government's Decree No. 06/2010/ND-CP of January 25, 2010, defining civil servants.
2. Civil servants who resign or retire due to reorganization shall comply with the Government's Decree No. 132/2007/ND-CP of August 8, 2007, on state payroll streamlining policies.
Article 2. Job discontinuation and retirement principles
1.Publicity, transparency.
2. Compliance with the competence, order and procedures prescribed by law.
3. Assurance of civil servants' right to request competent agencies, organizations or units to examine the legality of decisions on job discontinuation or retirement.
Chapter II
PROVISIONS ON JOB DISCONTINUATION
Article 3. Cases in which civil servants are entitled to job discontinuation regime
Civil servants will enjoy the job discontinuation regime prescribed in this Decree in the following cases:
1. At their own aspirations and with the consent of competent agencies, organizations or units.
2. Non-accomplishment of their tasks for two consecutive years as provided for in Clause 3, Article 58 of the Law on Cadres and Civil Servants.
Article 4. Job discontinuation procedures
1. Case of desired job discontinuation:
a/ Civil servants shall send their written applications to competent agencies, organizations or units;
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