Resignation of public servants under the law of Vietnam

Abstract

Legal capacity of the authority as well as right to resign, which is not only a human right and citizen right, but also a civil right not attached to property arises when a public servantis appointed to management position. In this article, the author analyzes several related legal issues: legal nature of the right to resign of public servants; provisions on the right to resign of  public  servants; and, based on this analysis, the authors evaluate and propose some recommendations: 1) to revise the concept of resignation, which ensures legal effect of the right to resign when a public servant  has decided to extend the serving time; 2) to establish a more detailed legal framework for conditions which enable a competent authority to review and make decision of resignation for a public servant; and 3) to come to an agreement in terms used for the resignation of the competent authorities.