How will teachers who are addicted to drugs be disciplined in Vietnam?

How will teachers who are addicted to drugs be disciplined in Vietnam ?

Based on Article 2 of the Law on Public Employees 2010, which stipulates regulations regarding public employees iin Vietnam: 

Public Employees

Public employees are Vietnamese citizens recruited according to job positions, working at public service providers under employment contract policies, receiving salaries from the salary fund of public service providers as stipulated by law.

Based on Article 19 of Decree 112/2020/ND-CP, which stipulates the application of dismissal discipline forms for teachers as follows:

Application of Dismissal Discipline for Public Employees

The dismissal discipline form is applied to public employees who commit violations in one of the following cases:

1. Have been disciplined by dismissal for managing public employees or warned for non-managing public employees but re-offend;

2. Have committed a first-time violation causing exceptionally serious consequences under any of the cases specified in Article 16 of this Decree;

3. Managing public employees who commit a first-time violation causing very serious or exceptionally serious consequences under any of the cases specified in clause 3, Article 17 of this Decree;

4. Using fake or illegal diplomas, certificates, certifications, or confirmations to be recruited into an agency, organization, or unit;

5. Drug addiction; for this case, there must be a confirmation from a medical facility or a notice from a competent authority.

Thus, teachers who are addicted to drugs will be disciplined by dismissal if confirmed by a medical facility or a notice from a competent authority.

How will teachers who are addicted to drugs be disciplined in Vietnam? (Image from the Internet)

Who has the authority to discipline and dismiss teachers who are addicted to drugs in Vietnam?

Based on Article 31 of Decree 112/2020/ND-CP, amended by clause 15, Article 1 of Decree 71/2023/ND-CP, which stipulates the authority to discipline public employees in Vietnam as follows:

Authority to Discipline Public Employees

...

2. For public employees not holding managerial positions, the head of the public service provider managing the public employee shall discipline and decide the form of discipline, except in the case specified in clause 6, Article 35 of this Decree. In the case of dismissal discipline, the head of the public service provider shall report to the competent recruiting authority before making a decision, except in cases where the public service provider has recruitment authority or delegated recruitment authority.

Thus, the head of the public service provider has the authority to discipline by dismissal of teachers who are addicted to drugs.

However, a report to the competent recruiting authority must be made before making the decision, except in cases where the public service provider has recruitment authority or delegated recruitment authority.

What are the procedures for disciplining teachers in Vietnam?

Based on Article 32 of Decree 112/2020/ND-CP, amended by clause 16, Article 1 of Decree 71/2023/ND-CP, which stipulates the procedures for disciplining public employees:

Procedures for Disciplining Public Employees

1. The discipline process for public employees is carried out in the following steps:

a) Organize a review meeting;

b) Establish a Disciplinary Council;

c) The competent authority issues a disciplinary decision.

2. The regulations in point a, clause 1 of this Article do not apply in the case of:

a) Disciplining under clause 10, Article 2 of this Decree;

b) Disciplining according to the decision of a competent authority under clause 4, Article 3 of this Decree or has already organized a review meeting according to the law, and the individual has accepted responsibility for their violation.

3. The regulations in points a and b, clause 1 of this Article do not apply in the case of:

a) There has been a conclusion from a competent authority on the violation, including a specific disciplinary proposal as stipulated;

b) Public employees who commit legal violations and are sentenced to prison by the Court without suspension or are sentenced for corruption by the Court;

c) There has been a disciplinary decision within the party, except for cases where the competent authority decides to establish a Disciplinary Council as stipulated in clause 6, Article 2 of this Decree.

In the cases specified in clauses 2 and 3 of this Article, conclusions on the violation (if any) are utilized without re-investigation or re-verification.

Thus, the discipline process for teachers is conducted in 3 steps:

- Step 1: Organize a review meeting;

- Step 2: Establish a Disciplinary Council;

- Step 3: The competent authority issues a disciplinary decision.

Note: Steps 1 and 2 are not followed in the following cases:

- A competent authority has concluded the violation, including a specific disciplinary proposal as stipulated;

- Public employees who commit legal violations and are sentenced to prison by the Court without suspension or are sentenced for corruption by the Court;

- There has been a disciplinary decision within the party, except for cases where the competent authority decides to establish a Disciplinary Council.