How many forms of discipline are there for military officers who violate discipline according to Circular 143/2023/TT-BQP?
How many forms of disciplinary action are there for military officers violating discipline in Vietnam according to Circular 143/2023/TT-BQP?
Based on the provisions at Clause 1, Article 11 of Circular 143/2023/TT-BQP on forms of disciplinary action for military officers as follows:
Forms of Disciplinary Action
1. Forms of disciplinary action for military officers:
a) Reprimand;
b) Warning;
c) Salary reduction;
d) Demotion;
dd) Dismissal;
e) Reduction in military rank;
g) Deprivation of military rank;
h) Deprivation of military title.
Thus, for military officers who violate, there are a total of 08 forms of disciplinary action according to the aforementioned regulations. In terms of severity, the highest form is "Deprivation of military title."
How many forms of disciplinary action are there for military officers violating discipline in Vietnam according to Circular 143/2023/TT-BQP? (Image from Internet)
What are cases of exemption from disciplinary liability in military in Vietnam?
Based on Circular 143/2023/TT-BQP regulating disciplinary actions in the Vietnam People's Army issued by the Minister of National Defense.
According to the provisions at Clause 2, Article 6 of Circular 143/2023/TT-BQP, there are 03 cases in which violators are exempted from disciplinary liability in the military:
- Confirmed by competent authorities as losing civil act capacity when violating state laws and military discipline;
- Violating state laws and military discipline in cases of legitimate self-defense, emergency situations, or force majeure conditions;
- Violating due to complying with orders from a superior commander or task assignment from an authorized person according to the provisions of law and the Ministry of National Defense.
What is the statute of limitations for disciplinary action in the military in Vietnam according to Circular 143/2023/TT-BQP?
Based on the provisions at Clause 11, Article 3 of Circular 143/2023/TT-BQP, the statute of limitations for disciplinary action is the time limit stipulated, after which a person who commits a violation is not subject to disciplinary action.
The statute of limitations for disciplinary action in the military is specified at Clause 1, Article 7 of Circular 143/2023/TT-BQP as follows:
- The statute of limitations for reprimand is 5 years; for warning, salary reduction, demotion, dismissal, reduction in military rank is 10 years from the time of the violation. If a new violation occurs during the statute of limitations period, the statute of limitations for the old violation is recalculated from the time of the new violation.
For violations with a determined end time, the time of the violation is calculated from the end time;
For ongoing violations, the time of the violation is calculated from the time of discovery;
For violations with an undetermined end time, the time of the violation is calculated from the time of the conclusion by the competent authority.
- The statute of limitations does not apply to:
+ Violations that warrant disciplinary actions such as deprivation of officer rank, deprivation of military title, forced termination; violations related to internal political protection, violations harming national interests in defense, security, and foreign relations;
+ Violations involving the use of fake or illegal diplomas, certificates, certifications, confirmations;
+ Military personnel, employees in cryptographic organizations, officials, defense workers, and public employees who are party members committing violations warranting expulsion from the Communist Party.
In addition, the following periods are not included in the statute of limitations:
- The time not yet considered for disciplinary action for cases specified at Clause 2, Article 6 of Circular 143/2023/TT-BQP;
- The time of investigation, prosecution, trial under criminal procedural law (if any). When there is a final conclusion from competent legal authorities or a legally effective court judgment, disciplinary action is considered accordingly;
- The time for executing complaints or initiating administrative lawsuits in court regarding disciplinary decisions until a replacement disciplinary decision is made as per the competent authority's decision.
What are the 10 principles of disciplinary action in the military in Vietnam according to Circular 143/2023/TT-BQP?
Based on the provisions at Article 4 of Circular 143/2023/TT-BQP, the principles of disciplinary action in the military include:
- All disciplinary violations, when detected, must be promptly prevented and strictly handled; the consequences caused by disciplinary violations must be remedied according to the laws.
- Each act of disciplinary violation is only handled once with one form of disciplinary action; at the same time of considering disciplinary action, if there are multiple violations by the same person, each violation must be reviewed and a joint decision made with the highest form corresponding to the violations.
In cases of multiple forms of disciplinary actions, the competent authority decides.
- The handling of disciplinary violations must ensure objectivity, fairness, strictness, accuracy, promptness; correct authority, procedures; comply with laws; be in sync between military discipline and Communist Party discipline; military discipline should not be lower than Communist Party discipline; military discipline does not replace Communist Party discipline, and vice versa.
- The disciplinary action must be based on the content, motive, nature, level, consequences, reasons for violation, specific circumstances, mitigating factors, aggravating factors, attitude towards correction, and remediation of the violations' consequences.
- It is strictly forbidden to infringe on the body, honor, dignity, and reputation of the violator during the disciplinary review process; no other forms of discipline should replace the forms stipulated in this Circular.
- Collective disciplinary action is not applied to agencies or units violating policies, Party lines, or having multiple violators; disciplinary action is only considered for the responsibility of the commander, political commissar, political officer, and individual violators.
- The form of disciplinary action reducing military rank is not applied to officers and professional military personnel holding the rank of second lieutenant, soldiers holding the rank of private;
The form of disciplinary action demotion or dismissal is not applied to violators without command or management positions;
The form of disciplinary action reducing salary level is not applied to officers not yet eligible for a salary increase; employees in cryptographic organizations; officials, defense workers, and public employees receiving Level 1 salary.
- When disciplinary action is taken, besides the form of disciplinary action for each violation, if the violation causes material damage, the violator must also compensate. Assets, money, materials obtained through violations must be handled according to the laws.
- Commanders at all levels must take responsibility for the disciplinary and legal violations of soldiers under their command; depending on the nature, level of violation, the consequences caused, and the level of the commander's responsibility, an appropriate form of disciplinary action is determined.
- Transfer of work is not applicable for those detected with unhandled violations as per regulations. Those committing violations with criminal indications should have the violation records transferred to the military investigation agency for legal handling;
If a court sentences rehabilitation without detention or imprisonment with suspended sentence, policies will be resolved only after the court's judgment or decision has legal effect and the corresponding disciplinary form is applied.
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