How is the disciplinary action for public employees given a suspended sentence handled?

Jurist Thai Thi Phuong, YouMe Law Firm Limited Liability Company answers:

Clause 1, Article 52 of Public Employee Law 2010 stipulates the forms of disciplinary actions against public employees as follows:

1. Public employees who violate the provisions of the law in the process of performing their work or duties, depending on the nature and severity of the violation, must receive one of the following disciplinary actions:

a) Reprimand;

b) Warning;

c) Dismissal;

d) Forced resignation.

At the same time, Clause 10, Article 11 of Decree 27/2012/ND-CP stipulates the handling of disciplinary actions against public employees and the responsibility for compensation and reimbursement of public employees providing one of the grounds for disciplinary action in the form of a warning against public employees not holding managerial positions as follows:

10. Receiving a suspended prison sentence or non-custodial reeducation for public employees not holding managerial positions.

Regarding the statute of limitations and the time limit for handling disciplinary actions against public employees, Clauses 1 and 2 of Article 53 of the 2010 Public Employee Law provide as follows:

1. The statute of limitations for disciplinary action is the period prescribed by this Law after which the public employee who commits a violation will not be considered for disciplinary action. The statute of limitations for disciplinary action is 24 months from the time of the violation.

2. The time limit for handling disciplinary actions against public employees is the period from the time the violation of the public employee is discovered to the time a decision on disciplinary action is made by the competent authority.

The time limit for disciplinary action is not more than 2 months; in cases where the incident has complicated details that require time for inspection and verification, the time limit for disciplinary action may be extended but not more than 4 months.

Thus, if a public employee not holding a managerial position receives a suspended prison sentence, they will be disciplined with a warning.

According to Lao Dong Newspaper

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