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THE NATIONAL ASSEMBLY |
SOCIALIST REPUBLIC OF VIETNAM |
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Law No. 129/2025/QH15 |
Hanoi, December 10, 2025 |
Pursuant to the Constitution 2013 of the Socialist Republic of Viet Nam as amended and supplemented by Resolution No. 203/2025/QH15;
The National Assembly promulgates the Law on Public Employees.
Public employees are Vietnamese citizens recruited based on job positions, working in public sector entities under a working contract regime, receiving salaries from the salary fund of public sector entities and from other lawful sources in accordance with the provisions of law.
Article 2. Principles governing professional activities of public employees
1. Professional activities of public employees shall be associated with the fields of operation of public sector entities.
2. Compliance with the Constitution and laws, and accountability before the law in the course of performing professional activities.
3. Proper compliance with professional and technical procedures; adherence to professional ethics and codes of conduct; submission to inspection and surveillance by competent authorities and by the People.
4. Service to the People with respect, dedication, civility, and courtesy; avoidance of harassment or difficulties; assurance of fairness and equality in the People’s access to public services.
5. Assurance of quality, effectiveness, and timeliness of assigned tasks, and continuous learning and training to improve professional qualifications and skills.
Article 3. Principles of public employee management
1. Assurance of the leadership of the Communist Party of Vietnam and the management of the State.
2. Recruitment, utilization, and management of public employees based on job positions and in accordance with working contracts.
3. Delegation and devolution, assurance of comprehensive autonomy of public sector entities in association with the accountability of heads of such entities; establishment and disclosure of accountability and surveillance mechanisms of competent agencies and persons in public employee workforce management.
4. Implementation of gender equality in recruitment, utilization, management, and development of the public employee workforce.
5. Promotion of the application of science and technology and digital transformation in public employee management; encouragement and protection of public employees who innovate, dare to think, dare to act, dare to make breakthroughs, and dare to take responsibility for the common interest.
Article 4. Interpretation of terms
For the purpose of this Law, the following terms shall be construed as follows:
1. Professional activities of public employees mean the performance of work or tasks requiring professional competence and skills within public sector entities.
2. Managerial public employees are persons appointed to hold managerial positions for a definite term, responsible for administering and organizing the performance of one or more tasks within public sector entities.
3. Professional ethics mean standards of awareness and conduct consistent with the characteristics of each professional field as prescribed by competent authorities.
4. Codes of conduct mean standards of behavior of public employees in the performance of duties, promulgated by competent authorities, consistent with the characteristics of work in each field of activity.
5. Job positions mean jobs associated with positions and professional titles of public employees based on the functions and tasks of public sector entities.
6. Transfer means the decision by a public employee management authority or an authority assigned public employee management powers to move a public employee from one public sector entity to another within its management scope. Transfers of public employees shall be carried out only in cases prescribed by the Party or in accordance with the law on professional activities.
7. Appointment means the decision by a competent authority to assign a public employee to hold a managerial position.
8. Secondment means the assignment by a public employee management authority or an authority assigned public employee management powers of a public employee under its management to work at another agency, organization, or public sector entity (secondment-receiving agency, organization, or entity) to meet task requirements.
9. Resignation means the voluntary request by a managerial public employee to step down from a managerial position before the expiry of the appointment term.
10. Removal from office means the decision by a competent authority to relieve a managerial public employee of a managerial position before the expiry of the appointment term.
11. Suspension from duty means the decision by a competent authority requiring a public employee to cease performing assigned responsibilities and duties for a specified period.
Article 5. Policies on development of public sector entities
1. Public sector entities are organizations established by competent authorities in accordance with the provisions of law, having legal entity status, operating on a non-profit basis, providing public services to serve society, and supporting the performance of state management tasks.
2. The State shall be responsible for ensuring the provision of basic and essential public services to society; concentrating investment resources on mountainous areas, border areas, islands, deep-lying and remote areas, ethnic minority areas, and areas with particularly difficult socio-economic conditions.
3. The State shall adopt policies to promote the private sector involvement in public service provision, encouraging all economic sectors to participate in investment in, development of, and provision of public services in accordance with the provisions of law.
4. Based on the nature of public service provision tasks, the Government shall prescribe criteria for classification of public sector entities by sector and management regimes applicable to public sector entities, on the principle of ensuring streamlined organization, effectiveness, and efficiency.
Article 6. Policies on building and developing the public employee workforce
1. The State shall adopt policies to build and develop a public employee workforce with professional ethics, qualifications, and professional capacity appropriate to each sector and field.
2. Public employees shall receive regular and periodic training and professional development to improve professional qualifications and skills to meet task performance requirements.
3. The State shall adopt policies to facilitate mobility of human resources between the public sector and the private sector.
4. The State shall adopt policies on salaries and income for the public employee workforce, ensuring fairness and competitiveness, linked to job positions and work performance.
OBLIGATIONS AND RIGHTS OF PUBLIC EMPLOYEES
Section 1. OBLIGATIONS OF PUBLIC EMPLOYEES
Article 7. General obligations of public employees
1. Loyalty to the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam; protection of the honor of the Fatherland and national and ethnic interests.
2. Possession of integrity and exemplary moral character.
3. Compliance with the Party’s lines, guidelines, and policies, and the laws of the State.
4. Protection of state secrets; preservation and protection of public property, and efficient and economical use of assigned assets.
5. Cultivation and training of professional ethics, and compliance with codes of conduct applicable to public employees.
Article 8. Obligations of public employees in professional activities
1. Proper and full performance of assigned duties and powers, and accountability for performance results; proactive enhancement of professional capacity and qualifications to meet job requirements; application of science and technology and digital transformation in task performance.
2. Observance of organizational discipline; strict compliance with internal rules and regulations of the entity; reporting to competent persons upon detection of violations of law within the entity.
3. Proactiveness, creativity, and close coordination with colleagues in task performance and professional activities; maintenance of unity within the entity.
4. When serving the People, public employees shall comply with the following requirements:
a) Maintaining a courteous attitude and showing respect to the People;
b) Demonstrating a cooperative spirit and a modest manner;
c) Refraining from arrogance, abuse of authority, or causing difficulties or inconvenience to the People;
d) Complying with regulations on professional ethics.
5. Public employees may enter into a working contract with only one public sector entity and shall be subject to the management of that public sector entity.
6. Performance of other obligations in accordance with the provisions of law on relevant sectors and fields and regulations of competent authorities.
Article 9. Obligations of managerial public employees
Managerial public employees shall perform the obligations prescribed in Articles 7 and 8 of this Law and the following obligations:
1. Lead and direct the organization of implementation of assigned tasks and be held accountable for the operational results of the entity.
2. Inspect, urge, and provide guidance on the performance of tasks by public employees.
3. Be held accountable for the occurrence of bureaucracy, corruption, negativity, and waste within entities under their management scope.
4. Promptly and strictly handle public employees under their management authority who commit acts in violation of the provisions of law and the internal rules and regulations of the entity.
5. Regularly review and standardize internal procedures in order to minimize administrative procedures (if any); lead, direct, and take responsibility for the settlement of administrative procedures of entities within the management scope.
6. Promptly settle, within their competence, or propose that competent agencies or persons settle complaints, denunciations, and petitions of individuals and organizations in accordance with the provisions of law.
7. Build and develop human resources; manage and use effectively physical facilities and financial resources of entities under their management.
8. Perform other obligations in accordance with the provisions of law on professional activities and regulations of competent authorities.
Article 10. Prohibited acts of public employees
1. Evasion, shirking, or shifting of responsibility in the performance of assigned duties and tasks; formation of factions and disruption of unity; unauthorized absence from work or abandonment of work; participation in strikes; posting, disseminating, or making statements of false information that adversely affect the image and reputation of the country, locality, or employing entity.
2. Abuse of professional activities to propagate against the guidelines, lines, and policies of the Party or the laws of the State, or to cause harm to fine customs, traditions, and the cultural and spiritual life of the People and society.
3. Acts of embezzlement, corruption, waste, negativity, profiteering, harassment, and other acts in violation of law in the course of task performance.
4. Illegal use of public property or property of the People.
5. Acts of discrimination based on ethnicity, gender, age, disability, religion, belief, or social background in any form in the performance of tasks.
6. Infringement upon the honor, dignity, or reputation of others in the course of professional activities.
7. Other prohibited acts as prescribed by the law on anti-corruption; the law on thrift practice and anti-waste; the law on enterprises; the law on protection of state secrets; and other prohibited acts as prescribed by law or by competent authorities.
Section 2. RIGHTS OF PUBLIC EMPLOYEES
Article 11. Rights of public employees regarding professional activities
1. Protection by law in professional activities; equal treatment in professional activities and professional development.
2. Access to training and professional development to enhance professional qualifications and skills.
3. Assurance of equipment, facilities, and other working conditions.
4. Provision of information related to assigned work or tasks.
5. Authority to decide on professional matters associated with assigned work or tasks.
6. Right to refuse to perform work or tasks if such work or tasks are considered contrary to the provisions of law.
7. Right to unilaterally terminate the working contract in accordance with the provisions of law.
8. Consideration for exclusion, exemption, or reduction of liability in accordance with the provisions of law and regulations of competent authorities.
9. Exercise of other rights regarding professional activities in accordance with the provisions of law on professional activities and regulations of competent authorities.
Article 12. Rights of public employees regarding salaries, bonuses, and salary-related entitlements
1. Entitlement to salaries, bonuses, and other income based on work results and performance in accordance with the job position held.
2. Entitlement to overtime pay, night work pay, per diem allowances, and other entitlements in accordance with the provisions of law and the internal expenditure regulations of the entity.
3. Public employees working in mountainous areas, border areas, islands, deep-lying and remote areas, ethnic minority areas, areas with extremely disadvantaged socio-economic conditions, or in heavy, hazardous, or dangerous occupations or in specialized public service sectors are entitled to preferential policies in accordance with the provisions of law.
Article 13. Rights of public employees regarding the performance of professional activities and business activities
1. Entitlement to enter into a labor contract or a service contract with other agencies, organizations, or entities if not prohibited by sector-specific laws, ensuring no conflict of interest in accordance with the law on anti-corruption, not contrary to the working contract, and not in violation of professional ethics.
Where no agreement is specified in the working contract, written consent must be obtained from the head of the public sector entity; in the case of the head of a public sector entity, written consent must be obtained from the immediate superior authority.
2. Entitlement to practice a profession in an individual capacity if not prohibited by sector-specific laws, ensuring no conflict of interest in accordance with the law on anti-corruption and not in violation of professional ethics.
3. Entitlement to contribute capital and participate in the management or operation of enterprises, cooperatives, hospitals, non-public educational institutions, and scientific research organizations, except where otherwise provided by the law on anti-corruption, the law on enterprises, or sector-specific laws.
4. Entitlement to exercise other rights in business activities provided that such activities are not contrary to the provisions of law on professional activities and regulations of competent authorities.
5. Public employees working at public sector entities in the field of science and technology and public higher education institutions are entitled to exercise the rights prescribed in this Article and other rights in accordance with the provisions of law on science, technology and innovation, the law on enterprises, and other relevant laws.
Article 14. Rights of public employees regarding rest and other rights
1. Entitlement to annual leave, public holidays, leave for personal reasons, and unpaid leave in accordance with the provisions of labor law.
Where work requirements prevent public employees from using or fully using their annual leave, payment shall be made for unused leave days in accordance with the internal expenditure regulations of the entity and subject to the entity’s financial capacity.
2. Entitlement to study and conduct scientific research domestically and overseas, and to participate in socio-economic activities, except for activities prescribed in Clause 7 Article 10 of this Law; where public employees are injured or sacrificed in the performance of assigned tasks, they shall be considered for entitlements and policies applicable to war invalids or for recognition as martyrs in accordance with the provisions of law.
3. Entitlement to other rights in accordance with the provisions of law and regulations of competent authorities.
RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES
Section 1. RECRUITMENT OF PUBLIC EMPLOYEES
Article 15. Bases for recruitment of public employees
The recruitment of public employees shall be based on the actual needs of the public sector entity, job positions, the salary fund, and other lawful revenue sources of the public sector entity.
Article 16. Principles of recruitment of public employees
1. Ensuring openness, transparency, objectivity, competitiveness, equality, and compliance with the law.
2. Ensuring recruitment consistent with actual employment needs.
3. Recruited persons shall immediately meet the requirements of the job position for which they apply.
4. Implementing recruitment priority for persons who rendered meritorious service to the revolution, relatives of persons who rendered meritorious service to the revolution, ethnic minority persons, demobilized officers and professional soldiers, and other policy beneficiaries in accordance with the provisions of law.
Article 17. Methods of recruitment of public employees
1. The recruitment of public employees shall be carried out through the following methods:
a) Competitive examination;
b) Selection based on assessment for each group of eligible candidates in accordance with Government regulations.
2. In addition to the recruitment methods prescribed in Clause 1 of this Article, the following candidates who immediately meet the requirements of the job position shall be admitted as public employees:
a) Experts, scientists, persons with exceptional talent or special aptitude, and persons with relevant experience;
b) Persons currently working under a working contract at a public sector entity;
c) Other candidates in accordance with the provisions of sector-specific laws.
3. Persons who are officials, civil servants, public employees, salaried persons in the People’s Army or the People’s Public Security, or persons working in cipher organizations, who fully meet the standards and conditions of the job position and obtain written consent from competent authorities or entities for transfer to work as public employees at a public sector entity, are not required to comply with the recruitment procedures prescribed in Clauses 1 and 2 of this Article.
4. The Government shall elaborate this Article.
Article 18. Competence in recruitment of public employees
1. Agencies managing public sector entities shall conduct the recruitment of public employees in accordance with the delegation and authorization of ministries, ministerial agencies, or province-level People’s Committees, except for the cases prescribed in Clause 2 of this Article.
2. Based on organizational scale, fields of operation, and capacity to meet recruitment requirements, the Government shall prescribe the competence in recruitment of public employees applicable to public sector entities.
3. Where a public sector entity prescribed in Clause 2 of this Article has recruitment needs but is unable to conduct recruitment by itself, it shall propose the competent agency prescribed in Clause 1 of this Article to conduct the recruitment.
4. The Government shall elaborate this Article.
Article 19. Conditions for registration for public employee recruitment
1. Persons who fully meet the following conditions may register for public employee recruitment:
a) Having only Vietnamese nationality in accordance with the Law on Nationality;
b) Residing in Vietnam;
c) Being at least 18 years of age, except for cases prescribed by sector-specific laws applicable to particular occupations or professions;
d) Having registered for recruitment;
dd) Having good political qualities and ethics, and a clear personal background;
e) Being physically fit to perform assigned tasks;
g) Meeting the conditions required by the job position applied for;
h) Meeting other standards and conditions in accordance with the provisions of law on professional activities.
2. Persons registering for recruitment to managerial public employee positions, in addition to meeting the conditions prescribed in Clause 1 of this Article, must also meet the standards and conditions for appointment in accordance with regulations, except for cases implemented under decisions of competent authorities.
3. The following persons are not eligible to register for public employee recruitment:
a) Persons who lack or have restricted active legal capacity, or persons having difficulties in cognition or control of behavior;
b) Persons being examined for penal liability; persons who are serving or have completed serving criminal judgments or decisions of the Court but whose criminal records have not been expunged; persons currently subject to administrative handling measures at compulsory detoxification establishments or compulsory education establishments;
c) Persons falling under other cases in which registration for public employee recruitment is prohibited in accordance with the provisions of law on professional activities.
Article 20. Working contracts applicable to public employees
1. A working contract is a written agreement between a public employee or a person recruited as a public employee and the head of a public sector entity on the job position, salary, entitlements, working conditions, rights, obligations, and other related matters.
2. Based on recruitment results, the head of the public sector entity shall sign the working contract and arrange the successful candidate to the relevant job position.
3. Working contracts applicable to public employees include fixed-term working contracts and indefinite-term working contracts.
4. The Government shall elaborate this Article.
Article 21. Labor contracts and service contracts
1. Based on the nature and requirements of tasks, financial resources, and human resource needs of a public sector entity, the head of the public sector entity shall, within his or her competence, decide or report to the competent authority before entering into labor contracts or service contracts to perform the following tasks:
a) Entering into contracts with experts, scientists, jurists, excellent lawyers, outstanding or eminent entrepreneurs, or persons with high professional qualifications in strategic and key sectors or fields to perform work corresponding to managerial, executive, or development job positions of the public sector entity, or to perform work corresponding to professional job positions;
b) Entering into contracts to perform work corresponding to support job positions.
2. For certain fields of cultural, artistic, physical training, and sports activities, and other specific fields requiring a professional age under 18, the conclusion of contracts shall comply with the provisions of the Labor Code.
3. Contracts shall not be entered into for the performance of work related to national security, state secrets, and other matters as prescribed by law.
4. Public sector entities are entitled to use lawful financial resources in accordance with law to enter into contracts as prescribed in this Article; for public sector entities providing basic and essential public services that have not yet achieved financial autonomy, the financial resources for entering into contracts as prescribed in this Article shall be covered by the state budget.
5. The Government shall elaborate this Article.
Article 22. Contract termination
1. The termination of working contracts, labor contracts, and service contracts, and the rights and obligations of the related parties, shall be carried out in accordance with this Law, labor law, civil law, and other relevant provisions of law.
2. Public employees and persons entering into labor contracts or service contracts with public sector entities have the right to unilaterally terminate contracts. Provisions related to unilateral termination of contracts shall comply with labor law, civil law, and other relevant provisions of law.
3. Public sector entities may only unilaterally terminate working contracts, labor contracts, or service contracts with public employees or persons entering into labor contracts or service contracts in corresponding cases as prescribed by labor law, civil law, and other relevant provisions of law.
4. In addition to the cases of termination of working contracts prescribed in Clause 1 of this Article, a working contract shall terminate in the following cases:
a) The public employee is subject to disciplinary action in the form of dismissal;
b) The public employee is rated as failing to complete assigned tasks due to professional reasons or failure to meet the requirements of the job position;
c) Other cases in accordance with sector-specific laws or as agreed upon.
Article 23. Job positions of public employees
1. The determination of job positions of public employees shall be based on the following:
a) Functions, tasks, and organizational structure of the public sector entity;
b) The level of complexity, nature, characteristics, and scale of operations of the public sector entity; scope and beneficiaries of services; and professional management processes;
c) Professional expertise of the sector or field of professional activities, and professional expertise of other sectors or fields as prescribed;
d) The level of modernization of facilities, equipment, working conditions, and the application of science, technology, and digital transformation.
2. Job positions of public employees shall include the following main contents:
a) Title of the job position;
b) Job description and competency framework of the job position.
3. Classification of job positions:
a) Managerial job positions;
b) Professional job positions;
c) Support job positions.
4. The Government shall elaborate this Article.
Article 24. Change of job positions
1. A public employee may be transferred to a new job position if he or she fully meets the standards and conditions of that job position and the entity has a demand for such job position.
2. The change of job positions shall be decided by the competent authority, ensuring publicity, transparency, objectivity, and compliance with law.
3. The Government shall elaborate this Article.
Section 3. PERFORMANCE APPRAISAL OF PUBLIC EMPLOYEES
Article 25. Performance appraisal of public employees
1. Principles for performance appraisal:
a) Performance appraisal shall ensure democracy, openness, fairness, transparency, objectivity, continuity, consistency, and a multi-dimensional approach;
b) Appraisal criteria shall be quantified on the basis of criteria linked to task performance results corresponding to each job position;
c) Science, technology, and digital transformation shall be applied in the monitoring, appraisal, and quality rating of public employees;
d) Appraisal results shall be linked to the implementation of salary entitlements, bonuses, and other regimes and policies in accordance with law and the internal expenditure regulations of the entity.
2. Appraisal authority:
a) The head of the public sector entity or the head of an affiliated unit shall conduct the appraisal of public employees within his or her management scope in accordance with the appraisal regulations of the public sector entity;
b) The appraisal of the head of a public sector entity shall be conducted by the head of the directly managing superior agency or organization.
3. Appraisal matters:
a) Political integrity, moral qualities, professional ethics; sense of discipline and compliance in task performance; compliance with regulations of law on public employees and regulations of the agency, organization, or entity;
b) Professional capacity and expertise in accordance with job position requirements; ability to meet requirements for regular and ad hoc assigned tasks; sense of responsibility in task performance; service attitude toward citizens and enterprises for job positions involving direct contact with citizens and enterprises; ability to coordinate with colleagues;
c) Capacity for innovation and creativity, willingness to think, act, and take responsibility for the common interest in task performance;
d) Task performance results reflected through the quantity, quality, and progress of outputs corresponding to job positions;
dd) Other matters required by the job position.
In addition to the matters specified above, managerial public employees shall also be appraised based on the performance results of the entity or sector under their leadership, management, or responsibility; their ability to organize task execution; and their capacity to mobilize and unite public employees and employees within their management authority.
4. Development of appraisal regulations:
a) The Government shall provide guidance on the development of appraisal criteria frameworks applicable to public employees in public sector entities across sectors and fields;
b) Based on the provisions of this Article and the appraisal criteria framework issued by the Government, public sector entities shall develop appraisal regulations applicable to public employees within their management scope.
Article 26. Quality rating and use of appraisal and quality rating results
1. Based on monitoring and appraisal results and the appraisal regulations of the entity, public employees shall be annually rated according to the following quality levels:
a) Excellent completion of tasks;
b) Good completion of tasks;
c) Completion of tasks;
d) Failure to complete tasks.
Quality rating results shall be notified to individual public employees, publicly disclosed within the entity, and included in the public employee’s records.
In cases where a public sector entity has its own appraisal and quality rating regulations, the corresponding levels shall be aligned with the quality rating levels specified in this Clause.
2. Based on periodic or annual appraisal and quality rating results, the competent authority shall decide on the following:
a) Training, professional development, planning, transfer, appointment, and re-appointment;
b) Implementation of salary entitlements and other regimes and policies in accordance with law and regulations of the competent authority; implementation of commendation, additional income regimes, and bonuses in accordance with regulations;
c) Consideration of assignment to a suitable job position at a lower level or termination of employment in cases of failure to complete tasks or failure to meet task requirements.
Article 27. Petitions regarding quality rating results
1. Where there are grounds to believe that the quality rating results are inconsistent with provisions of law or the appraisal regulations of the entity, a public employee has the right to submit a written petition regarding his or her quality rating results to the authority competent to conduct the quality rating or to the immediate superior of such authority. The petition shall clearly specify the grounds for the petition, the petition matters, and proposals.
2. The time limit for submitting a petition is 5 days from the date on which the quality rating results are publicly disclosed.
3. The competent authority shall be responsible for settling the petition through dialogue or in writing within 10 working days from the date of receipt of the petition.
4. The order and procedures for settling petitions regarding quality rating results shall be implemented in accordance with this Article and the regulations of the entity. Quality rating settlement results shall not be reconsidered.
Section 4. TRAINING AND PROFESSIONAL DEVELOPMENT
Article 28. Responsibilities for training and professional development of public employees
1. Training and professional development shall be conducted for public employees to supplement and update knowledge and skills serving professional activities or to improve competencies in accordance with job position requirements.
2. Public sector entities shall be responsible for developing and organizing the implementation of training and professional development plans for public employees in line with human resource development requirements and for enabling public employees to participate in training and professional development programs.
3. For training and professional development programs required by competent authorities, funding shall be covered by financial resources of the agencies or public sector entities or from other sources in accordance with law.
Article 29. Responsibilities and entitlements of public employees in training and professional development
1. Public employees participating in training and professional development shall comply with training regulations and be subject to management by training institutions.
2. Public employees assigned to participate in training and professional development programs shall be entitled to salaries and entitlements in accordance with law and regulations of the public sector entity; training and professional development periods shall be counted as continuous working time.
3. Public employees who have received training and voluntarily leave employment or unilaterally terminate working contracts shall compensate training costs in accordance with law.
Section 5. APPOINTMENT, SECONDMENT, RESIGNATION, REMOVAL FROM OFFICE, RELIEF FROM MANAGERIAL POSITIONS, AND TRANSFER OF PUBLIC EMPLOYEES
Article 30. Appointment, secondment, resignation, removal from office, and relief from managerial positions
1. Public employees shall be appointed to managerial positions by appointment decisions of competent authorities. Where a public employee is appointed to a new managerial position, he or she shall automatically be relieved from the current managerial position, except in cases of concurrent positions.
2. The term of appointment to a managerial position is 5 years, unless otherwise provided by law on professional activities. Appointment terms of less than 5 years shall apply to certain specific titles in accordance with relevant laws or decisions of competent authorities.
Upon expiry of the appointment term, the competent authority shall consider re-appointment or non-re-appointment, except in cases where re-appointment has not yet been considered in accordance with law and decisions of competent authorities.
3. Secondment, resignation, removal from office, relief from managerial positions, and other related matters applicable to managerial public employees shall be implemented in accordance with regulations of competent authorities and the Government.
Article 31. Transfer of public employees
Authorities competent to manage public employees or authorities assigned with such management competence shall decide on the transfer of public employees from one public sector entity to another within the management scope in accordance with regulations of the Party or provisions of law on professional activities.
Section 6. TERMINATION OF EMPLOYMENT AND RETIREMENT OF PUBLIC EMPLOYEES
Article 32. Termination of employment and retirement of public employees
1. Public employees may terminate employment if they fall under cases of termination of working contracts or unilateral termination of working contracts in accordance with labor law, or fall under cases specified in Clause 4 Article 22 of this Law. Severance allowances, job loss allowances, and unemployment benefits shall be implemented in accordance with law.
2. Public employees shall retire in accordance with labor law and social insurance law; early retirement or retirement at a later age shall be implemented in accordance with law on professional activities or decisions of competent authorities.
3. The Government shall prescribe competence and procedures for termination of employment and retirement; cases in which working contracts may not yet be terminated; and detailed provisions for this Article.
COMMENDATION AND DISCIPLINARY ACTIONS
Article 33. Commendation of public employees
1. Public employees who achieve outstanding performance in work or professional activities shall be commended in accordance with law on emulation and commendation.
2. Public employees commended for excellent achievements or meritorious service may be granted early salary increases, bonuses from the bonus fund of the public sector entity or other sources, and priority consideration for appointment to higher positions in accordance with law and the internal expenditure regulations of the entity.
Article 34. Exclusion, exemption from, and reduction of liability applicable to public employees
1. Public employees shall be considered for exclusion, exemption from, or reduction of liability in the following cases:
a) Having acted in accordance with regulations on competence, order, and procedures, without seeking personal gain in the course of performing assigned duties, but still causing damage due to objective reasons;
b) Implementing proposals on innovation and creativity that have been permitted by competent agencies, organizations, or entities and determined by competent authorities to have been carried out in line with approved orientations, with proper motives and for the common interest;
c) Occurrence of force majeure as prescribed by law;
d) Other cases as prescribed by law and regulations of competent authorities.
2. Exclusion, exemption from, and reduction of liability applicable to public employees shall be implemented in accordance with relevant laws and regulations of competent authorities.
Article 35. Disciplinary actions applicable to public employees
1. Public employees who violate provisions of this Law or other relevant laws shall, depending on the nature and severity of violations, be subject to one of the following disciplinary actions:
a) Reprimand;
b) Warning;
c) Removal from office, applicable to managerial public employees;
d) Dismissal.
2. Public employees subject to one of the disciplinary actions specified in Clause 1 of this Article shall also be subject to restrictions on the performance of professional activities in accordance with relevant laws.
3. Public employees sentenced by a court to imprisonment without suspended sentence, or convicted of corruption-related crimes, shall automatically be dismissed from the effective date of the judgment or decision; managerial public employees convicted by a court whose judgment or decision has taken legal effect shall automatically be relieved from the appointed position.
4. The Government shall prescribe detailed provisions for this Article and other matters related to disciplinary actions.
Article 36. Statute of limitations and time limits for disciplinary action
1. The statute of limitations for disciplinary actions is the period upon expiry of which a public employee committing a violation shall not be subject to disciplinary action. The statute of limitations shall be calculated from the time the violation occurs.
Except for the cases specified in Clause 2 of this Article, the statute of limitations for disciplinary action is prescribed as follows:
a) 5 years for violations subject to the disciplinary action of reprimand;
b) 10 years for violations not falling under Point a of this Clause.
2. Violations not subject to the statute of limitations for disciplinary actions include:
a) Public employees who are Party members committing violations subject to expulsion;
b) Violations of regulations on internal political protection;
c) Acts infringing national interests in the fields of national defense, security, or foreign affairs;
d) Use of fake or unlawful diplomas, certificates, certifications, or confirmations.
3. The time limit for disciplinary actions applicable to public employees is the period from the discovery of the violation to the issuance of a disciplinary decision by a competent authority.
The time limit for disciplinary action shall not exceed 90 days; in complicated cases requiring inspection or investigation, this may be extended but must not exceed 150 days.
4. Where a public employee has been subject to institution of criminal proceedings, prosecution, or a decision to bring the case to trial under criminal procedure but a decision is later issued to suspend investigation or suspend the case, and the act shows signs of a disciplinary violation, the public employee shall be subject to disciplinary consideration. Time spent on investigation, prosecution, and trial under criminal procedure shall not be counted toward the statute of limitations for disciplinary actions.
Article 37. Other provisions related to disciplinary actions applicable to public employees
1. Based on the severity of violations and the form of disciplinary action, disciplined public employees shall also be subject to corresponding provisions regarding appointment to higher positions, recruitment entitlements, termination of employment, salaries, bonuses, and other related provisions.
2. Public employees who are within the period of disciplinary proceedings, or who are under investigation, prosecution, or trial, shall not be eligible for candidacy, nomination, appointment, transfer, secondment, training, or professional development in accordance with law and regulations of competent authorities.
3. Public employees subject to the disciplinary action of removal from office due to corruption shall not be appointed to managerial public employee positions.
4. Where a public employee is prohibited from practicing or restricted in professional activities for a specified period under a decision of a competent authority, the public sector entity shall arrange the public employee to another job position not related to the prohibited or restricted professional activities. Where no suitable job position is available, the working contract shall be terminated in accordance with law.
5. The Government shall elaborate this Article.
Article 38. Suspension from duty applicable to public employees
1. The head of a competent agency, organization, or entity shall decide on suspension from duty applicable to a public employee in cases where signs of violations are detected in the performance of assigned duties or professional activities, or at the request of a competent agency, organization, or entity.
2. The Government shall elaborate this Article.
Article 39. Scope and responsibilities of state management of public employees
1. State management of public employees includes the following:
a) Promulgation of legal normative documents on public employees;
b) Promulgation of master plans and plans for the establishment and development of public sector entities by sector and field, and for the development of the public employee workforce;
c) Promulgation of lists, job descriptions, and competency frameworks for job positions; promulgation of codes of conduct applicable to public employees within managed sectors and fields (if any);
d) Management of statistical work on public employees; guidance on preparation and management of public employee records; development of the national database on public employees;
dd) Inspection and examination of state management of public employees.
2. Responsibilities for state management of public employees:
a) The Government shall uniformly manage public employees nationwide and assign and delegate responsibilities to ministries, ministerial agencies, and province-level People’s Committees for state management of public employees;
b) Ministries, ministerial agencies, and province-level People’s Committees shall perform state management of public employees in accordance with this Law and assignments and delegations by the Government.
Article 40. Scope and competence of public employee management
1. Public employee management includes the following:
a) Development of job positions and management of staffing numbers;
b) Recruitment, execution of working contracts, arrangement, assignment of tasks, and change of job positions;
c) Planning, appointment, reappointment, transfer, secondment, suspension from duty, relief from managerial positions, resignation, and removal from office;
d) Monitoring, appraisal, and quality rating; commendation and discipline;
dd) Training, professional development, salary entitlements, and other regimes and policies applicable to public employees;
e) Settlement of termination of employment and retirement regimes;
g) Preparation and management of public employee records; implementation of reporting regimes on public employee management;
h) Settlement of complaints, denunciations, and petitions;
i) Other matters of public employee management as prescribed by law.
2. Competence in public employee management:
a) Ministries, ministerial agencies, agencies under the Government, and province-level People’s Committees shall manage public employees within their competence as prescribed by this Law and other competences assigned and delegated by the Government;
b) Public sector entities shall manage public employees within the competence prescribed by this Law and other competences delegated or authorized by competent authorities.
Article 41. Records and management of public employee records
1. Public employee records include paper records and electronic records, which shall be managed on the public employee information system and updated to the national database on public employees. Public employee records shall contain all required documents, ensuring accuracy of developments and work history of public employees.
2. Public employees shall be responsible for supplementing personal information as prescribed when changes occur; competent agencies, organizations, or entities shall approve and update such information in public employee records and synchronize them with the national database on public employees.
3. The Government shall elaborate this Article.
Article 42. Application of the Law on Public Employees to retired or resigned public employees
Handling of violations committed during the period of service by public employees who have resigned or retired is prescribed as follows:
1. Any violations committed during the period of service by resigned or retired public employees shall be handled in accordance with law;
2. Depending on the nature and severity, violators may be subject to criminal liability, administrative sanctions, or disciplinary actions;
3. Where violations committed during the period of service are discovered after resignation or retirement, the public employee shall, depending on the nature and severity, be subject to one of the disciplinary actions of reprimand, warning, or revocation of the capacity of the previously held position, together with corresponding legal consequences;
4. The Government shall elaborate this Article.
Article 43. Implementation provisions
1. This Law shall come into force on July 1, 2026.
2. The Law on Public Employees No. 58/2010/QH12, as amended by Law No. 52/2019/QH14, shall cease to be effective as from the effective date of this Law.
3. No later than July 1, 2027, ministries, sectors, central and local agencies, and public sector entities shall complete the arrangement of job positions and corresponding salary grading for public employees recruited before the effective date of this Law within their management scope in accordance with this Law.
4. As from the effective date of this Law, persons undergoing probation under the Law on Public Employees No. 58/2010/QH12, as amended by Law No. 52/2019/QH14, shall be placed on salary grades corresponding to the recruited job positions.
5. Public employees recruited before July 1, 2003 shall have rights and obligations and be managed as public employees working under indefinite-term working contracts in accordance with law on public employees.
Public employees recruited from July 1, 2003 until before the effective date of this Law shall continue to perform the working contracts concluded with public sector entities and shall have rights and obligations and be managed in accordance with this Law and relevant laws.
This Law was passed by the 15th National Assembly of the Socialist Republic of Vietnam at its 10th Session on December 10, 2025./.
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PRESIDENT OF THE NATIONAL ASSEMBLY Tran Thanh Man |
