Is it permissible to discipline public school teachers in Vietnam by means of a pay-grade reduction?

Is it permissible to discipline public school teachers in Vietnam by means of a pay-grade reduction?

Pursuant to Article 15 of Decree 112/2020/ND-CP, the forms of disciplinary actions against public employees are as follows:

Forms of disciplinary actions against public employees

1. Applicable to public employees not holding managerial positions

a) Reprimand.

b) Warning.

c) Dismissal.

2. Applicable to public employees holding managerial positions

a) Reprimand.

b) Warning.

c) Demotion.

d) Dismissal.

Public employees disciplined in one of the forms prescribed in this Article may also be restricted from performing professional activities in accordance with relevant laws.

Thus, the forms of disciplinary action for teachers who are public employees not holding managerial positions include reprimand, warning, and dismissal.

The forms of disciplinary action for teachers who are public employees holding managerial positions include reprimand, warning, demotion, and dismissal.

Therefore, public school teachers who are public employees cannot be disciplined by lowering their salary grades.

Is it permissible to discipline public school teachers in Vietnam by means of a pay-grade reduction? (Image from the Internet)

Is it permissible to discipline female teachers who are pregnant in Vietnam?

Pursuant to Article 3 of Decree 112/2020/ND-CP, following disciplinary actions are not yet considered:

Cases where disciplinary actions are not yet considered

1. Officials and public employees who are on annual leave, leave according to policies, or personal leave authorized by the competent authority.

2. Officials and public employees during the time of treatment for severe diseases or while being unable to have cognitive ability; bedridden due to serious illness being treated as inpatients at a hospital with certification from a competent health authority.

3. Female officials and public employees who are pregnant, on maternity leave, or are nursing children under 12 months old, or male officials and public employees (in case their wife died or due to other objective, force majeure reasons) nursing children under 12 months old, except in cases where the violator submits a written request for disciplinary consideration.

4. Officials and public employees who are being prosecuted, detained, or in temporary detention awaiting the conclusion of the competent authorities regarding their legal violations, except if otherwise decided by the competent authority.

Thus, female teachers who are on maternity leave are not yet subject to disciplinary actions.

How many levels of violations are there for teachers in Vietnam subject to disciplinary actions?

Pursuant to Article 6 of Decree 112/2020/ND-CP (amended by clause 5, Article 1 of Decree 71/2023/ND-CP), actions subject to disciplinary actions are as follows:

Actions subject to disciplinary actions

1. Officials and public employees committing violations against the regulations on the obligations of officials and public employees; prohibited acts for officials and public employees; the internal rules and regulations of the agency, organization, or unit; violations of ethics and lifestyle; violations of the law while performing official duties, or other violations related to official duties will be subject to party, union disciplinary actions and administrative disciplinary actions.

2. The severity of the violation is determined as follows:

a) Violations causing less serious consequences are those with little severity, impact confined within the internal scope, affecting the reputation of the working agency, organization, or unit.

b) Violations causing serious consequences are those with significant severity, impacts beyond the internal scope, causing negative public opinion among officials and public employees and the public, reducing the reputation of the working agency, organization, or unit.

c) Violations causing very serious consequences are those with great severity, wide impact on society, causing significant public discontent among officials and public employees and the public, tarnishing the reputation of the working agency, organization, or unit.

d) Violations causing particularly serious consequences are those with extraordinarily great severity, wide and deep impact on society, causing extraordinary public discontent among officials and public employees and the public, severely tarnishing the reputation of the working agency, organization, or unit.

Thus, there are 4 levels of violations subject to disciplinary actions as follows:

- Violations causing less serious consequences are those with little severity, impact confined within the internal scope, affecting the reputation of the working agency, organization, or unit.

- Violations causing serious consequences are those with significant severity, impacts beyond the internal scope, causing negative public opinion among officials and public employees and the public, reducing the reputation of the working agency, organization, or unit.

- Violations causing very serious consequences are those with great severity, wide impact on society, causing significant public discontent among officials and public employees and the public, tarnishing the reputation of the working agency, organization, or unit.

- Violations causing particularly serious consequences are those with extraordinarily great severity, wide and deep impact on society, causing extraordinary public discontent among officials and public employees and the public, severely tarnishing the reputation of the working agency, organization, or unit.