Are civil servants, who are serving prosecution and banned from leaving their residences, permissible to go to work in Vietnam?

Are civil servants, who are serving prosecution and banned from leaving their residences, permissible to go to work in Vietnam?

Pursuant to Article 81 of the Law on Cadres and Civil Servants in 2008 stipulating suspension of cadres and civil servants from working as follows:

1. While considering disciplining a cadre or civil servant, the agency, organization or unit managing him/her may issue a decision to suspend his/her work if il deems that his/her continued work may cause difficulties to the handling of his/her violation. The time limit for such suspension is 15 days and may be extended in special cases but not for another 15 days. If a cadre or civil servant is seized or detained to serve investigation, prosecution or trial activities, the period of seizure or detention is regarded as a time of justified leave; past this time limit if the cadre or civil servant faces no discipline, he/she may resume his/her work.

2. During the time of work suspension or seizure or detention to serve investigation, prosecution or trial activities, a cadre or civil servant may still receive salaries under the (iovernment’s regulations.

As regulations above, in case a public official is banned from leaving his/her residence place, the agency, organization or unit managing that public employee may issue a decision to temporarily suspend his/her work during the period of consideration and prosecution. In case there is no decision on temporary suspension, civil servants can still go to work as usual. During the period of temporary suspension of civil servants' work to serve the prosecution, civil servants are still entitled to salary according to law provisions.

Are civil servants, who are serving prosecution, permissible to give up their jobs in Vietnam?

Pursuant to Article 82 of the Law on Cadres and Civil Servants in 2008 (amended by Clause 17 Article 1 of the Law on amendments to some articles of the Law on Cadres and Civil Servants and the Law on Public Employees in 2019) stipulating other provisions concerning disciplined cadres and civil servants as follows:

1. For cadres or civil servants who are reprimanded or cautioned, their salary raise period will be prolonged for 6 months from the date their disciplining decisions take effect; if being demoted or removed from office, their salary raise period will be prolonged for 12 months from the date their disciplining decisions take effect.

2. Disciplined cadres and civil servants shall be handled as follows:

a) In case of being disciplined in the form of reprimand, warning or lowering of salary grade, the rank promotion, planning, training, appointment to a higher position shall not be carried out within 12 months from the effective date of the disciplinary decision;

b) In case of being disciplined in the form of demotion or dismissal, the rank promotion, planning, training or appointment shall not be carried out within 24 months from the effective date of the disciplinary decision;

c) Upon the expiration of the time limit specified at Points a and b of this Clause, cadres and civil servants who have not committed such violations to the point of being disciplined, shall continue to carry out rank promotion, planning, training and appointment according to regulations under the law.

3. Cadres and civil servants who are in the disciplinary period, are being investigated, prosecuted or tried are not allowed to stand for election, nomination, appointment, transfer, rotation, secondment, training, retraining, promotion or termination of employment.

4. Cadres and civil servants who are removed from office due to corruption may not be appointed to leading or managerial posts.

As regulations above, civil servants, who are serving prosecution, are permissible to give up their jobs in Vietnam.

What are regulations on statute of limitations for disciplining of civil servants in Vietnam?

Pursuant to Article 80 of the Law on Cadres and Civil Servants in 2008 (amended by Clause 16 Article 1 of the Law on amendments to some articles of the Law on Cadres and Civil Servants and the Law on Public Employees in 2019) stipulating statute of limitations and lime limits for disciplining as follows:

1. The statute of limitations for disciplinary action is a time-limit within which, upon the expiration of such time-limit, the cadre or civil servant who commits violations shall not be disciplined. The statute of limitations for disciplinary action is counted from the time of violation.

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

a) 02 years for violations so less serious that disciplinary action must be taken in the form of reprimand;

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

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

a) Cadres and civil servants who are party members commit violations to the extent that they must be disciplined in the form of expulsion;

b) Violating regulations on protection of internal politics;

c) Committing acts of infringing upon national interests in the fields of national defense, security or foreign affairs;

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

3. The time limit for disciplinary handling of cadres and civil servants is the period from the time when disciplinary violations are detected by the cadres or civil servants until there is a decision on disciplinary action by the agency or competent authorities.

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

4. In case an individual has been prosecuted, prosecuted or has had a decision to bring to trial according to criminal procedures, but then there is a decision to terminate the investigation or the case if the violation shows signs of disciplinary violation, it will be considered for disciplinary action. The time spent investigating, prosecuting and adjudicating according to criminal procedures shall not be included in the time limit for disciplinary handling. Within 03 working days from the date of issuance of the decision to terminate the investigation or the case, the decision maker must send the decision and relevant documents to the agency, organization, or competent authority to take disciplinary action.

Therefore, the time limit for disciplining civil servants shall not exceed 90 days. The time limit for disciplinary handling of civil servants is the period from the time when a civil servant's disciplinary violation is discovered until a decision on disciplinary action is issued by a competent agency or organization.

Best regards!