What are 03 cases of exemption from disciplinary responsibility in the Vietnam People’s Army (Army) from February 15, 2024?

What are 03 cases of exemption from disciplinary responsibility in the Vietnam People’s Army (Army) from February 15, 2024?

In Article 6 of Circular 143/2023/TT-BQP, there are regulations on 04 cases that have not yet been considered for disciplinary action in the Army, including:

In cases where disciplinary action has not yet been considered and disciplinary responsibility has not been waived

1. Cases where disciplinary action has not been considered

a) During the leave period according to the prescribed regime (except in the case of leave to prepare for retirement);

b) During the treatment period, there is confirmation from a military medical facility at regimental level or higher or a hospital or medical center at district level or higher;

c) Women who are pregnant, on maternity leave, or raising children under 12 months old; Men (in case the wife dies or due to other objective and force majeure reasons) are raising children under 12 months old, unless the violator has a written request to be considered for disciplinary action;

d) Waiting for the final resolution of the agency competent to investigate, prosecute, and adjudicate violations of the law.

2. Cases of exemption from disciplinary responsibility

a) Having the status of loss of civil act capacity confirmed by a competent authority when violating State law or Military discipline;

b) Violating State law or Army discipline in cases of legitimate defense, urgent situations, or force majeure conditions;

c) Violating due to compliance with orders of superior commanders or assignment of tasks by competent persons according to the provisions of law and the Ministry of National Defense.

Thus, there are 03 cases exempted from disciplinary responsibility in the Army in Vietnam from February 15, 2024 including:

(1) Be certified by a competent authority as losing civil act capacity when violating State law or Military discipline;

(2) Violate State law and Military discipline in cases of legitimate self-defense, urgent situations, or force majeure conditions;

(3) Violate due to compliance with orders of superior commanders or assignment of tasks by competent persons according to the provisions of law and the Ministry of National Defense.

What are 03 cases of exemption from disciplinary responsibility in the Army from February 15, 2024 in Vietnam? (Image from the Internet)

How many days does it take for disciplinary action in the Army in Vietnam?

In Article 7 of Circular 143/2023/TT-BQP, stipulates statute of limitations and disciplinary action as follows:

Statute of limitations and time limit for disciplinary action

....

2. Time limit for disciplinary action

The time limit for disciplinary action is no more than 90 days. In case the case has complicated details that require time for inspection, verification and clarification, the disciplinary time limit may be extended but must not exceed 150 days.

3. Not included in the statute of limitations or disciplinary action period for:

a) Time when disciplinary action has not been considered for the cases in Clause 2, Article 6 of this Circular;

b) Time of investigation, prosecution and trial according to criminal proceedings (if any). When there is a final conclusion from a competent legal agency or a legally effective court judgment, disciplinary action shall be considered according to regulations;

c) Time to make a complaint or initiate an administrative case in court regarding the disciplinary decision until a replacement disciplinary decision is issued according to the decision of the competent authority.

4. The person with disciplinary authority must be responsible for disciplinary action against violators within the prescribed time limit. If the disciplinary time limit expires and a disciplinary decision has not yet been issued, the person will be responsible for the delay in issuance and must issue a disciplinary decision if the violation is still within the statute of limitations.

Thus, the time limit for disciplinary action in the Army is no more than 90 days in Vietnam.

However, the disciplinary time limit can be extended but must not exceed 150 days if the case has complicated circumstances that require time for inspection, verification, and clarification in Vietnam.

How many days is maximum period of suspension from work in Vietnam?

In Article 9 of Circular 143/2023/TT-BQP, there are regulations on suspension of work for disciplinary violators as follows:

Suspension from work for those who violate discipline

1. In case the violator continues to work, it may affect the completion of the unit's tasks or cause difficulties in verification, then during the period of review and disciplinary action, the regiment commander, Regimental political commissars and equivalent or higher have right to suspend from work violators of discipline under their management and temporarily appoint replacements, but must report to superiors.

2. The period of suspension from work shall not exceed 90 days. In special cases where there are many complicated details that need to be clarified, it can be extended but must not exceed 150 days.

Thus, the maximum period of suspension from work shall not exceed 90 days. However, the suspension period can be extended but must not exceed 150 days in special cases because there are many complicated details that need to be clarified.

Note: Circular 143/2023/TT-BQP takes effect from February 15, 2024.

Best regards!