What are cases in which teachers are exempt from disciplinary measures in Vietnam?

What are cases in which teachers are exempt from disciplinary measures in Vietnam?

Based on Article 4 of Decree 112/2020/ND-CP, the cases in which teachers are exempt from disciplinary measures in Vietnam include:

- Recognized by the competent authority for the loss of civil act capacity when the violation occurred.

- Required to comply with a superior's decision as regulated in Clause 5, Article 9 of the Law on Public Employees 2008.

- Recognized by the competent authority for violations in an urgent situation, due to force majeure, or objective obstacles as specified in the Civil Code 2015 while performing duties.

- Teachers whose violations warrant disciplinary action but have passed away.

What are cases in which teachers are exempt from disciplinary measures in Vietnam? (Image from the Internet)

What is the number of times where teachers in Vietnam are disciplined resulting in being rated as not completing tasks?

Based on Article 15 of Decree 90/2020/ND-CP, as amended and supplemented by Clause 4, Article 1 of Decree 48/2023/ND-CP, the criteria for rating the quality of public employees as not completing their duties are as follows:

Criteria for rating the quality of public employees as not completing their duties

1. A public employee who does not hold a managerial position is rated as not completing tasks if they meet any of the following criteria:

a) Exhibits signs of degradation in political ideology, ethics, lifestyle, self-evolution, and self-transformation as assessed by the competent authority;

b) Has over 50% of the criteria on task performance outcomes as agreed in the work contract, proposed plan, or specific assigned tasks that do not meet the progress, quality, or effectiveness;

c) Has committed acts of violation and faced disciplinary action within the evaluated year;

2. A managerial public employee is rated as not completing tasks if they meet any of the following criteria:

a) Exhibits signs of degradation in political ideology, ethics, lifestyle, self-evolution, and self-transformation as assessed by the competent authority;

b) Has over 50% of the criteria on task performance outcomes as agreed in the work contract, proposed plan, or specific assigned tasks that do not meet the progress, quality, or effectiveness;

c) The unit or field of work under their charge completes less than 50% of the targets and tasks;

d) The unit under their direct management or charge is involved in embezzlement, corruption, waste, and faces legal action;

đ) Has committed acts of violation and faced disciplinary action within the evaluated year.

Thus, there is no specified number of times a teacher must be disciplined to be rated as not completing their duties. A teacher only needs to be subjected to disciplinary action to be rated as not completing the tasks.

If the teacher in Vietnam is rated as not completing tasks for two consecutive years, will their contract be unilaterally terminated?

Based on Clause 1, Article 29 of the 2010 Public Employees Law, as amended and supplemented by Clause 4, Article 2 of the Amendment Law on Public Employees and Civil Servants 2019, regulations on unilateral termination of work contracts are as follows:

Unilateral termination of work contracts

1. Public service providers may unilaterally terminate work contracts with public employees in the following cases:

a) The public employee is rated as having not completed their tasks for two consecutive years;

b) The public employee is dismissed according to points d, Clause 1, Article 52, and Clause 1, Article 57 of this Law;

c) The public employee working under an indefinite-term contract is ill and has been receiving treatment for 12 consecutive months, or the public employee working under a definite-term contract is ill and has been receiving treatment for 6 consecutive months but is not yet recovered. Upon recovery, the public employee could be considered for re-signing a work contract;

d) Due to natural disasters, fires, or other force majeure reasons as defined by the Government of Vietnam, the public service provider must scale down, making the public employee's position no longer needed;

dd) When the public service provider terminates operations based on the competent authority's decision.

e) The public employee does not meet the requirements after the probation period.

Thus, a teacher rated as not completing their tasks for two consecutive years will have their work contract unilaterally terminated.

Are teachers who are pregnant subject to disciplinary measures in Vietnam?

Based on Article 3 of Decree 112/2020/ND-CP, as amended and supplemented by Clause 3, Article 1 of Decree 71/2023/ND-CP, the non-consideration of disciplinary action is defined as follows:

Cases not yet considered for disciplinary action

1. Officials and public employees during annual leave, policy leave, or private leave approved by the competent authority.

2. Officials and public employees undergoing treatment for a serious illness or temporarily incapacitated; seriously ill and receiving inpatient treatment at a hospital with certification from the competent medical authority.

3. Female officials and public employees during pregnancy, maternity leave, or raising a child under 12 months old, or male officials and public employees (in case their wife passes away or due to other objective, force majeure reasons) raising a child under 12 months old, except where the individual voluntarily requests consideration for disciplinary action.

4. Officials and public employees under prosecution, temporary detainment, or detention awaiting investigation, prosecution, or court decision on legal violations, except as decided by the competent authority.

Thus, a female teacher during pregnancy, maternity leave, or raising a child under 12 months old will not be considered for disciplinary action.