What are regulations on disciplinary measures for civil servants not holding leadership or management positions who commit corrupt acts in Vietnam?

What acts are civil servants not allowed to do in Vietnam?

Section 4, Chapter 2 of the 2008 Law on Cadres and Civil Servants stipulates the following things that civil servants are not allowed to do:

(1) Acts that cadres and civil servants cannot do related to public service ethics are stipulated in Article 18 of the 2008 Law on Cadres and Civil Servants as follows:

1. Shirking responsibility or refusing to discharge assigned tasks; sowing factionalism and disunity; quitting jobs or going on strike without permission.

2. Illegally using assets of the State and people.

3. Taking advantage of or abusing tasks and powers; using civil service-related information for self-seeking purposes.

4. Discriminating in any form against nationality, gender, social strata, beliefs and religions.

(2) Acts that cadres and civil servants are not allowed to do related to state secrets specified in Article 19 of the 2008 Law on Cadres and Civil Servants are as follows:

1. Cadres and civil servants may not disclose in any form information relating to state secrets.

2. Cadres and civil servants working in sectors or occupations related to state secrets may not, within at least 5 years after receiving decisions on their retirement or job discontinuation, perform jobs related to their former sectors or occupations for domestic and foreign organizations and individuals and foreign-invested joint ventures.

3. The Government shall issue a specific list of sectors, occupations and jobs which and time limits during which cadres and civil servants are not allowed to perform and policies towards those to whom this Article applies.

(3) Other acts that cadres and civil servants are not allowed to do specified in Article 20 of the 2008 Law on Cadres and Civil Servants are as follows:

In addition to the prohibitions specified in Articles 18 and 19 of this Law. cadres and civil servants may not deal with affairs related to production and business and personnel work specified in the Anti-Corruption Law and the Law on Practice of Thrift and Combat of Wastefulness and other jobs as prescribed by law and competent agencies.

What are regulations on disciplinary measures for civil servants not holding leadership or management positions who commit corrupt acts in Vietnam? (Image from the Internet)

What acts are corrupt acts in Vietnam?

Article 2 of the 2018 Anti-Corruption Law stipulates corrupt acts, including:

1. Acts of corruption committed by office holders in state organizations include:

a) Embezzlement;

b) Taking bribes;

c) Abuse of one’s position or power for illegal appropriation of assets;

d) Abuse of official capacity during performance of tasks or official duties (hereinafter referred to as “duties”) for personal gain;

dd) Acting beyond authority in performance of one’s duties for personal gain;

e) Abuse of official capacity to influence another person for personal gain

g) Impersonation for personal gain;

h) Bribing or brokering bribery for taking advantage of one’s influence over a state organization or for personal gain;

i) Illegal use of public assets for personal gain by abuse of official capacity;

k) Harassment for personal gain;

l) Failure to perform or correctly perform one’s duties for personal gain;

m) Abuse of official capacity to screen violations of law for person gain; illegally intervening or obstructing supervision, inspection, audit, investigation, prosecution, adjudication or judgment enforcement for personal gain.

2. Acts of corruption committed by office holders in non-state organizations include:

a) Embezzlement;

b) Taking bribes;

c) Bribing or brokering bribery for taking advantage of one’s influence over the operation of the enterprise or organization, or for personal gain.

What are regulations on disciplinary measures for civil servants not holding leadership or management positions who commit corrupt acts in Vietnam?

Pursuant to Clause 4, Article 8 of Decree 112/2020/ND-CP regulating application of disciplinary measures and reprimands for cadres and civil servants:

Apply disciplinary measures and reprimands to cadres and civil servants

The disciplinary form of reprimand applies to cadres and civil servants who commit violations for the first time, causing less serious consequences, except for violations specified in Clause 3, Article 9 of this Decree, which fall within one of the the following cases:

...

4. Violating the provisions of law on: crime prevention and control; Prevention of social evils; safety and order of society; Anti-corruption; practice thrift and combat waste;

...

Pursuant to Clause 1, Clause 2, Article 9 of Decree 112/2020/ND-CP regulating the application of disciplinary warnings to cadres and civil servants:

Apply disciplinary warnings to cadres and civil servants

The disciplinary form of warning applies to cadres and civil servants who commit violations in one of the following cases:

1. Having been disciplined in the form of reprimand as prescribed in Article 8 of this Decree and re-offend;

2. Committing a first-time violation, causing serious consequences in one of the cases specified in Article 8 of this Decree;

...

Pursuant to Article 10 of Decree 112/2020/ND-CP regulating the application of disciplinary measures such as salary reduction for civil servants who do not hold leadership or management positions:

Apply disciplinary measures such as salary reduction for civil servants who do not hold leadership or management positions

The disciplinary form of salary reduction applies to civil servants who do not hold leadership or management positions in one of the following cases:

1. Have been disciplined in the form of a warning according to the provisions of Article 9 of this Decree but re-offend;

2. There is a first-time violation, causing very serious consequences in one of the cases specified in Article 8 of this Decree.

Pursuant to Article 13 of Decree 112/2020/ND-CP regulating application of disciplinary measures such as forced dismissal for civil servants:

Apply disciplinary measures such as forced termination of employment for civil servants

The disciplinary form of dismissal applies to civil servants who commit violations in one of the following cases:

1. Have been disciplined in the form of dismissal for civil servants holding leadership or management positions or salary reduction for civil servants not holding leadership or management positions but re-offending;

2. Commit a first-time violation, causing particularly serious consequences in one of the cases specified in Article 8 of this Decree;

...

Thus, civil servants who commit corrupt acts will be handled as follows:

(1) Reprimand in case of:

- Civil servants commit corrupt acts but commit it for the first time, causing less serious consequences.

(2) Warning in case:

- Civil servants have committed corrupt acts but have been disciplined by reprimand;

- A civil servant commits a corrupt act for the first time, causing serious consequences;

(3) Lower salary level in the following cases:

- Civil servants have committed corrupt acts but have been disciplined in the form of warnings;

- A civil servant commits a corrupt act for the first time, causing very serious consequences;

(4) Forced resignation in the following cases:

- Civil servants have committed corrupt acts but have been disciplined in the form of salary reduction;

- A civil servant commits a corrupt act for the first time, causing particularly serious consequences;

Best regards!