Is it possible to discipline a public employee without establishing a Disciplinary Council?

Since you did not provide information regarding the position or job of Ms. Nguyen Kim N at the Department of Education and Training of Province Y, it is not possible to determine whether Ms. N is an official or a public employee working at the Department of Education and Training of Province Y. Therefore, we are advising as follows:

In the case that Ms. N is an official at the department, with the act of unauthorized absence from work for a total of 05 to 07 working days in a month, she will be subject to a disciplinary warning as stipulated in Clause 5, Article 10 of Decree 34/2011/ND-CP.

The authority to impose penalties is prescribed in Article 15 of Decree 34/2011/ND-CP, and pursuant to Article 17 of this Decree, the person with the authority to discipline Ms. N shall decide to establish a disciplinary council to advise on the application of disciplinary forms against Ms. N.

However, in the following cases, a disciplinary council is not required to be established for the official:

- Officials who commit acts of law violations and are sentenced to imprisonment without probation;- Officials holding leadership or managerial positions being considered for disciplinary action when there are conclusions about their law violations from the Party Committee, organization of the Communist Party in accordance with the management hierarchy regulations of the Central Executive Committee.

In the case that Ms. N is a public employee of the Department, with the act of unauthorized absence from work for a total of 05 to 07 working days in a month calculated in a calendar month or from 05 to under 07 consecutive working days without legitimate reasons, she will be subject to a disciplinary warning as stipulated in Clause 4, Article 11 of Decree 27/2012/ND-CP and the establishment of a disciplinary council.

The authority to discipline public employees is carried out according to Article 14 of Decree 27/2012/ND-CP, and pursuant to Article 16 of this Decree, the person with the authority to impose penalties on Ms. N shall decide to establish a disciplinary council to advise on the application of disciplinary forms against the public employee who commits law violations.

However, in cases where the public employee is sentenced to imprisonment without probation by the Court or convicted by the Court for acts of corruption, a disciplinary council is not required to be established.

Therefore, if Ms. Nguyen Kim N is not in the special cases that are exempt from establishing a disciplinary council, Ms. L, the director of the department, must decide to establish a disciplinary council to determine the form of discipline against Ms. N according to the regulations stated above.

Thus, disciplining Ms. N without establishing a disciplinary council is against the law, and Ms. N has the right to appeal the disciplinary decision regarding her case.

The above content is the consultation sent to you by the Editorial Board.

Sincerely!