Disciplined with a Reprimand: Is Regular Salary Increase Permitted?

In the case of officials and public employees who are disciplined with a reprimand while currently at their salary grade, are they eligible for regular salary increases? Looking forward to your prompt response.

At Clause 5, Article 1 of Circular 03/2021/TT-BNV, it is stipulated:

During the period of holding the current salary grade, if officials and public employees and laborers have received a notification or a written decision from the competent authority stating that they have not fulfilled their assigned duties annually or have been disciplined in one of the forms of reprimand, warning, demotion, or dismissal, the period for regular salary grade advancement will be extended compared to the time prescribed in Point a, Clause 1 of this Article as follows:

a) Extend by 12 months for the following cases:

- Officials subjected to dismissal;

- Public employees subjected to demotion or dismissal;

- Laborers subjected to dismissal.

b) Extend by 06 months for the following cases:

- Officials, public employees, and laborers subjected to reprimand or warning discipline;

- Public employees subjected to warning discipline;

- Officials and public employees, and laborers evaluated and classified by the competent authority as not fulfilling their assigned duties annually; in cases where during the salary grade period there are 02 non-consecutive years of not fulfilling assigned duties, each year of not fulfilling duties will result in an extension of 06 months.

c) Extend by 03 months for public employees subjected to reprimand discipline.

d) In cases where both evaluated and classified as not fulfilling duties and subjected to discipline, the extension period for regular salary grade advancement is the sum of the extension periods specified at points a, b, and c of this clause.

e) In cases of evaluation and classification as not fulfilling duties due to being disciplined (for the same violation), the regular salary grade advancement extension period will be calculated according to the corresponding disciplinary form stipulated at points a, b, and c of this clause.

f) In cases where officials and public employees, and laborers who are Communist Party members are disciplined by the Communist Party: if there is an administrative disciplinary decision, the regular salary grade advancement extension will be implemented according to the form of administrative disciplinary treatment; if there is no administrative disciplinary decision, the regular salary grade advancement extension will be implemented according to the form of Communist Party disciplinary treatment, corresponding to the forms of administrative disciplinary treatment stipulated in this clause.

=> According to the above provisions, in cases where officials and public employees are disciplined in the form of reprimand, the regular salary grade advancement time will be extended according to the regulations mentioned above.

Respectfully.

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