Disciplinary Action Against Public Employees Does Not Necessarily Require the Establishment of a Council?

Based on Clause 3, Article 34 of Decree 112/2020/ND-CP, which stipulates as follows:

The authority competent to handle disciplinary actions as prescribed in Article 31 of this Decree shall establish a Disciplinary Council to advise on the application of disciplinary forms to public employees who commit violations, except in the cases specified in Clause 3 of this Article.

Cases where a Disciplinary Council is not established:

- There has been a conclusion by a competent agency or organization regarding the violation, which includes a proposal for disciplinary action.

- There has been a decision on the disciplinary action by the party.

The cases specified in points a and b of this clause can use the conclusion on the violation without having to re-investigate or verify.

Thus, as a principle, disciplinary action against public employees must involve the establishment of a Disciplinary Council. However, if falling into the above-mentioned cases, a Disciplinary Council is not established. Therefore, the general assessment that disciplining public employees does not require the establishment of a council is incorrect according to the above regulation.

Respectfully!