Vietnam: Are public lower secondary school teachers being public employees who use forged degrees dismissed?

Vietnam: Are public lower secondary school teachers being public employees who use forged degrees dismissed?

Based on the provisions of Article 19 Decree 112/2020/ND-CP, there are regulations on the application of dismissal disciplinary actions for public employees as follows:

Application of dismissal disciplinary actions for public employees

Dismissal disciplinary actions are applied to public employees who commit violations in one of the following cases:

1. Have been subjected to disciplinary actions in the form of dismissal for managing public employees or warnings for non-managing public employees and re-offend;

2. Commit a first-time violation that causes particularly serious consequences falling under one of the cases specified in Article 16 of this Decree;

3. Managing public employees who commit a first-time violation that causes very serious or particularly serious consequences falling under one of the cases specified in Clause 3, Article 17 of this Decree;

4. Use forged or illegal diplomas, certificates, certificates of completion, or confirmations to be recruited into agencies, organizations, or units;

5. Drug addiction; for this case, there must be certification from a medical facility or notification from an authorized agency.

Accordingly, based on the above regulations, a public lower secondary school teacher who uses a forged degree will be subject to dismissal disciplinary actions.

Vietnam: Are public lower secondary school teachers being public employees who use forged degrees dismissed? (Image from Internet)

What forms of disciplinary actions are there for lower secondary school teachers in Vietnam?

According to Article 15 Decree 112/2020/ND-CP, there are regulations on forms of disciplinary actions as follows:

Forms of disciplinary actions for public employees

1. Applied to public employees not holding managerial positions

a) Reprimand.

b) Warning.

c) Dismissal.

2. Applied to public employees holding managerial positions

a) Reprimand.

b) Warning.

c) Demotion.

d) Dismissal.

Public employees who are disciplined by one of the forms specified in this Article may also be restricted in exercising their professional activities in accordance with relevant legal provisions.

According to the above provisions, public lower secondary school teachers are categorized into two types: public employees not holding managerial positions and public employees holding managerial positions. The forms of disciplinary actions for these two types of teachers include reprimand, warning, or dismissal depending on the level of violation committed by the public employee.

In addition, public employees holding managerial positions may also face demotion as a form of disciplinary action.

What is the application of reprimand disciplinary actions to lower secondary school teachers in Vietnam?

According to Article 16 Decree 112/2020/ND-CP (amended by Clause 7, Article 1 Decree 71/2023/ND-CP), the application of reprimand disciplinary actions for public employees is regulated as follows:

Reprimand disciplinary actions are applied for first-time violations that cause minor consequences, except for violations specified in Clause 3, Article 17 Decree 112/2020/ND-CP, in one of the following cases:

- Failure to comply with professional processes, regulations, occupational ethics, and codes of conduct while performing professional activities, and have been reminded in writing by the competent authority;

- Violation of the law on performing the responsibilities and tasks of public employees; labor discipline; regulations, rules, and working procedures of the public service provider which have been reminded in writing by the competent authority;

- Abusing the position for personal gain; having an authoritarian, bureaucratic attitude, or causing difficulties and inconveniences for the public during the performance of assigned tasks; certifying or issuing legal documents to ineligible individuals; insulting the honor, dignity, or reputation of others while performing professional activities;

- Avoiding, shirking, failing to perform or incorrectly, incompletely performing responsibilities and tasks prescribed by law, internal rules, and regulations of agencies, organizations, or units, or not performing tasks assigned by the competent authority without a valid reason; refusing the decision on transfer or assignment of tasks by the competent authority; causing internal disunity within the agency, organization, or unit;

- Violation of laws on crime prevention; social evils prevention; public order and safety; anti-corruption; fiscal responsibility and thrift practices;

- Violation of laws on state secrets protection;

- Violation of laws on complaints and denunciations;

- Violation of laws on: investment, construction; land, natural resources and environment; finance, accounting, banking; management and use of public assets during professional activities;

- Violation of laws on: domestic violence prevention; population, marriage, and family; gender equality; social security; other regulations of the Communist Party and the law related to public employees.

Do public lower secondary school teachers being public employees receive severance pay if they are disciplined with dismissal in Vietnam?

According to Clause 2, Article 45 Law on Public Employees 2010, there are regulations on severance policies as follows:

Severance policies

...

2. Public employees are not entitled to severance pay in the following cases:

a) Dismissed;

b) Unilaterally terminates the employment contract in violation of Clauses 4, 5, and 6, Article 29 of this Law;

c) Terminates the employment contract pursuant to Clause 5, Article 28 of this Law.

Therefore, as per the above regulations, public lower secondary school teachers being public employees, if dismissed, will not be entitled to severance pay.