Vietnam: In case the officer continues to commit violations while the disciplinary decision is being implemented, how to handle it?
- Which officer who commits any violation will be disciplined in Vietnam?
- What actions are strictly prohibited for officials in Vietnam?
- In case the Officer continues to commit violations while the disciplinary decision is being implemented, how will it be handled in Vietnam?
- What are the order and procedures for disciplinary action against public employees in Vietnam?
Which officer who commits any violation will be disciplined in Vietnam?
Pursuant to Article 6 of Decree 112/2020/ND-CP stipulating the following disciplinary acts:
Disciplinary actions
1. Cadres, civil servants and public employees commit acts of violating regulations on obligations of cadres, civil servants and public employees; what cadres, civil servants and public employees are not allowed to do; rules and regulations of agencies, organizations and units; violations of morality, lifestyle or other violations of the law in the performance of official duties shall be considered for disciplinary action.
2. The extent of the violation is determined as follows:
a) Violations causing less serious consequences are violations of a small nature and degree of harm, internal impacts, affecting the reputation of agencies, organizations and working units.
b) Violations causing serious consequences are violations of great nature, extent, harm, external impacts, causing bad public opinion among cadres, civil servants, public employees and people, reducing the reputation of agencies, organizations and working units.
c) Violations with very serious consequences are violations of a very large nature, extent and harm, the scope of impacts on the whole society, causing very pressing public opinion among cadres, civil servants, public employees and people, discrediting agencies, organizations and working units.
d) Violations causing particularly serious consequences are violations of a particularly large nature, extent and harm, with a far-reaching impact on the whole society, causing particularly pressing public opinion among cadres, civil servants, public employees and the people, discrediting the agency, organizations, work units.
Thus, according to the above provisions, the officer commits a violation of the regulations on the obligations of the officer; what officers are not allowed to do; rules and regulations of agencies, organizations and units; violations of morality, lifestyle or other violations of the law in the performance of official duties shall be considered for disciplinary action.
Vietnam: In case the officer continues to commit violations while the disciplinary decision is being implemented, how to handle it?
What actions are strictly prohibited for officials in Vietnam?
Pursuant to Article 19 of the Law on Public Employees 2010 of Vietnam, the following are not allowed to be done by civil servants:
- Shirking responsibilities, abdicating assigned tasks or tasks; causing sectarianism, disunity; voluntarily quitting their jobs; join the strike.
- Using assets of agencies, organizations, units and people contrary to the provisions of law.
- Discrimination against ethnic, male and female, social sectors, beliefs and religions in all forms.
- Taking advantage of professional activities to propagate against the Party's guidelines and policies, the State's laws or to cause harm to the fine customs, fine customs, cultural and spiritual life of the people and society.
- Insulting the honor, dignity and reputation of others while performing professional activities.
- Other things that officials are not allowed to do in accordance with the Law on Anti-Corruption, the Law on Saving Practices, Anti-Waste and other relevant laws.
In case the Officer continues to commit violations while the disciplinary decision is being implemented, how will it be handled in Vietnam?
In Clause 3, Article 2 of Decree 112/2020/ND-CP stipulates the principles of disciplinary action as follows:
Principles of disciplinary action
...
3. In case cadres, civil servants and public employees who are in the process of implementing disciplinary decisions continue to commit violations, the following disciplinary measures shall be applied:
a) If the violation is disciplined in a lighter or equal form than the currently enforced disciplinary form, the disciplinary form is one level heavier than the currently enforced disciplinary form;
b) If an offence is subject to disciplinary action in a heavier form than the currently enforced disciplinary form, a level heavier disciplinary action shall be applied than the disciplinary action applied to the new violation.
Accordingly, in case the officer continues to commit violations while the disciplinary decision is being implemented, he/she shall handle it according to the provisions of Clause 3, Article 2 of this Decree. In case the officer during the implementation of the disciplinary decision continues to commit violations:
- If an offence is subject to disciplinary action in a form lighter or equal to that of the previous disciplinary form, the disciplinary form is one level heavier than the currently enforced disciplinary form;
- If an offence is subject to disciplinary action in a heavier form than the current disciplinary action, a heavier disciplinary action shall be applied than the disciplinary action applied to the new violation.
What are the order and procedures for disciplinary action against public employees in Vietnam?
Pursuant to Article 32 of Decree 112/2020/ND-CP stipulating the order and procedures for disciplinary action against public employees as follows:
Order and procedures for disciplinary action against officials
Disciplinary action against an officer shall be carried out in the following steps:
1. Hold a review meeting;
2. To establish a disciplinary council;
3. Competent authorities shall make disciplinary decisions.
For cases specified in Clause 4, Article 3 of this Decree, Clause 1 of this Article shall not be implemented.
In case an official who commits a violation of the law is sentenced to imprisonment by the Court without being entitled to a suspended sentence or convicted by the Court for corrupt acts, he/she shall not comply with the provisions of Clauses 1 and 2 of this Article."
The order and procedures for disciplinary action against public employees shall comply with the above provisions.
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