Are civil servants who are being examined for disciplining allowed to retire in Vietnam?

Are civil servants who are being examined for disciplining allowed to retire in Vietnam?

Article 38 of Decree 112/2020/ND-CP stipulates relevant regulations when considering disciplinary action as follows:

1. Officials, civil servants, and public employees who have violated the law are being examined for disciplining or are in the process of being disciplined or are being investigated, prosecuted, or tried. But when they reach retirement age, they still need to carry out procedures to enjoy retirement benefits.

2. In case the Disciplinary Council has made a written recommendation on disciplinary action but has not yet issued a disciplinary decision but discovers additional details related to disciplinary violations or discovers cadres and civil servants, If a public employee being considered for disciplinary action commits another violation of the law, the Disciplinary Council will consider and recommend a new form of discipline.

3. The application of disciplinary measures of removal from office to civil servants holding judicial positions is carried out in accordance with the provisions of this Decree and the provisions of specialized laws.

Thus, if you are a civil servant who are being examined for disciplining and reach retirement age, you will still be able to handle the procedures for enjoying retirement benefits in accordance with the provisions of law in Vietnam.

Are civil servants who are being examined for disciplining allowed to retire in Vietnam? - Image from the Internet

Are retired civil servants subject to disciplinary action for violations committed during their working time in Vietnam?

Article 84 of the Law on Cadres and Civil Servants 2008, amended by Clause 18, Article 1 of the Law on Cadres and Civil Servants and the amended Law on Public Employees 2019, stipulates the application of the provisions of the Law on Cadres and Civil Servants to subjects other as follows:

5. Handling of violations during the working time of officials and civil servants who have quit or retired is prescribed as follows:

a) All violations during the working time of officials and civil servants who have resigned or retired will be handled according to the provisions of law.

Based on the nature and severity, violators may be subject to criminal, administrative or disciplinary sanctions;

b) Officials and civil servants who discover violations during their working time after resigning or retiring will, depending on the nature and severity of the violation, be subject to one of the following forms of discipline: reprimand, warning, reporting and removal of positions held are associated with legal consequences corresponding to the form of disciplinary action.

Disciplinary action against resigned or retired officials and civil servants who commit violations during their working period before July 1, 2020 is carried out in accordance with the provisions of this Law.

The Government regulates this clause in detail.

According to this Article, in cases where civil servants have retired but commit violations while still working, they will be handled according to the provisions of law in Vietnam. Based on the nature and severity, violators may be subject to criminal, administrative or disciplinary sanctions according to regulations.

What is time limit for disciplinary action against civil servants in Vietnam?

In Article 80 of the Law on Cadres and Civil Servants 2008, amended by Clause 16, Article 1 of the Law on Cadres and Civil Servants and the amended Law on Public Employees 2019, statute of limitations and disciplinary action period are stipulated as follows:

1. The statute of limitations for disciplinary action is the time limit after which the officer or civil servant who commits the violation will not be disciplined. The statute of limitations for disciplinary action is calculated from the time of the violation.

Except for the cases specified in Clause 2 of this Article, the statute of limitations for disciplinary action is prescribed as follows:

a) 02 years for violations that are less serious than requiring disciplinary action in the form of reprimand;

b) 05 years for violations other than those specified in Point a of this Clause.

2. For the following violations, the statute of limitations for disciplinary action does not apply:

a) Officials and civil servants who are party members commit violations that require disciplinary action in the form of expulsion;

b) Committing violations of regulations on internal political protection;

c) Committing acts that harm national interests in the fields of defense, security, and foreign affairs;

d) Using fake or illegal diplomas, certificates, certificates, or certifications.

3. The time limit for disciplinary action against cadres and civil servants is the period of time from the discovery of disciplinary violations by cadres and civil servants until the disciplinary decision of the agency or organization is issued. 

The time limit for disciplinary action shall not exceed 90 days; In cases where the case has complicated circumstances that require time for inspection and examination for further verification and clarification, the disciplinary time limit may be extended but must not exceed 150 days.

According to the above regulations in Vietnam, time limit for disciplinary action against civil servants is no more than 90 days. In case the case has complicated circumstances that require time for inspection and examination for further verification and clarification, the time limit for handling Disciplinary action may last but not exceed 150 days.

Best regards!