Application of Reprimand Disciplinary Form to Public Employees in Which Cases? What Are the Disciplinary Forms for Public Employees?
When is a form of reprimand discipline applied to public employees?
Pursuant to Article 16 of Decree 112/2020/ND-CP amended by Clause 7 Article 1 of Decree 71/2023/ND-CP, a form of reprimand discipline is applied to public employees as follows:
Application of reprimand discipline to public employees
The form of reprimand discipline is applied to first-time violations causing less serious consequences, except for violations stipulated in Clause 3 Article 17 of this Decree, in one of the following cases:
1. Non-compliance with processes, professional regulations, professional ethics, and code of conduct while performing professional activities, already reminded in writing by competent authorities;
2. Violation of legal regulations on: performing duties of a public employee; labor discipline; regulations, internal rules, and working regulations of the public service provider, already reminded in writing by competent authorities;
3. Abuse of position for personal gain; displaying authoritarian and overbearing attitudes or causing difficulties and inconvenience to the public while performing assigned tasks; certifying or issuing legal documents to unqualified individuals; insulting the honor, dignity, and reputation of others while performing professional activities;
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Thus, public employees who commit the following violations causing less serious consequences shall be subject to reprimand discipline:
- Non-compliance with processes, professional regulations, professional ethics, and code of conduct while performing professional activities, already reminded in writing by competent authorities;- Violation of legal regulations on: performing duties of a public employee; labor discipline;- Violation of regulations, internal rules, and working regulations of public service providers already reminded in writing by competent authorities;- Violation of legal regulations on:+ Performing duties of a public employee;+ Labor discipline;+ Regulations, internal rules, and working regulations of public service providers already reminded in writing by competent authorities;- Abuse of position for personal gain;- Displaying authoritarian and overbearing attitudes or causing difficulties and inconvenience to the public while performing assigned tasks;- Certifying or issuing legal documents to unqualified individuals;- Insulting the honor, dignity, and reputation of others while performing professional activities;- Avoiding, evading, not performing or not correctly and fully performing duties according to legal provisions, internal rules, and regulations of the agency, organization, unit, or tasks assigned by competent authorities without justified reasons;- Not complying with decisions on mobilization and assignment of work by competent authorities;- Causing internal disunity within the agency, organization, or unit;- Violation of legal regulations on:+ Crime prevention and control;+ Prevention and control of social evils;+ Social order and safety;+ Anti-corruption;+ Practicing thrift and combating wastefulness;- Violation of legal regulations on state secret protection;- Violation of legal regulations on complaints and denunciations;- Violation of legal provisions on:+ Investment, construction;+ Land, natural resources, and environment;+ Finance, accounting, banking;+ Management and use of public assets in professional activities;- Violation of legal provisions on:+ Prevention of family violence;+ Population, marriage, and family;+ Gender equality;+ Social security;+ Other regulations of the Communist Party and related laws concerning public employees.
Note: In the following cases, even though public employees commit first-time violations causing less serious consequences, the form of reprimand discipline is not applied but rather the form of warning discipline, including:
- Managerial public employees failing to fulfil responsibilities, causing subordinates to violate laws, resulting in serious consequences while performing professional activities;- Managerial public employees failing to complete management and administration tasks as assigned without justified reasons.
Application of reprimand discipline to public employees: In what cases? What are the disciplinary forms for public employees?
What are the disciplinary forms for public employees?
Pursuant to Article 15 of Decree 112/2020/ND-CP, the disciplinary forms for public employees are stipulated as follows:
Disciplinary forms for public employees
1. Applied to public employees not holding managerial positions:
a) Reprimand.
b) Warning.
c) Dismissal.
2. Applied to managerial public employees:
a) Reprimand.
b) Warning.
c) Demotion.
d) Dismissal.
A public employee disciplined by one of the forms prescribed in this Article may also be restricted from performing professional activities according to relevant legal provisions.
Thus, public employees committing violations are subjected to the following disciplinary forms:- For public employees not holding managerial positions:+ Reprimand+ Warning+ Dismissal- For managerial public employees:+ Reprimand+ Warning+ Demotion+ Dismissal
Additionally, public employees disciplined by any of the above forms may be restricted from performing professional activities according to relevant legal provisions.
What is the process for handling violations of public employees?
Pursuant to Clause 1 Article 32 of Decree 112/2020/ND-CP amended by Clause 16 Article 1 of Decree 71/2023/ND-CP, the process for handling violations of public employees is regulated as follows:
Step 1: Organize a review meeting;
Step 2: Establish a Disciplinary Council;
Step 3: The competent authority issues the disciplinary decision.
Note: No review meeting is organized in the following cases:- The public employee committed the violation while working at the previous agency, organization, or unit, but the violation was only discovered after transferring to a new position and still within the statute of limitations for disciplinary action.- The public employee committed the violation to the extent that disciplinary action is warranted but has already passed away.- The public employee who violated the law has already convened a review meeting according to legal provisions and the individual has accepted responsibility for their violation.
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