When public employees without positions are disciplined from reprimand to caution, how long will it take before they can be transferred or rotated to another place in Vietnam?

When public employees without positions are disciplined from reprimand to caution, how long will it take before they can be transferred or rotated to another place in Vietnam?

In Clause 16, Article 1 of the Law on Cadres and Civil Servants and the revised Law on Public Employees 2019, it is stipulated 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 organization. 

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, but the violation has serious consequences and shall 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 issuing the decision to terminate the investigation or the case, the decision maker must send the decision and relevant documents to the competent agency, organization or unit has the authority to take disciplinary action.

According to this Article, individual employees who commit violations, depending on the form of handling, after a period of from 02 years to 05 years, this public employee will be transferred and rotated to another place in Vietnam.

Can a leadership public employee who is disciplined with a reprimand be transferred, rotated, and appointed in Vietnam?

According to Clause 8, Article 2 of the Law on Cadres and Civil Servants and the revised Law on Public Employees 2019 has the following provisions:

2. Disciplinary officials shall be handled as follows:

a) In case of being disciplined in the form of reprimand or warning, the planning, training, retraining or appointment to a higher position are not carried out within 12 months from the date of the disciplinary decision. effect;

b) In case of being disciplined in the form of dismissal, the planning, training, retraining and appointment shall not be carried out within 24 months from the effective date of the disciplinary decision.

3. Public employees who are within the time limit for disciplinary action, are being investigated, prosecuted or tried shall not be appointed, seconded, trained, retrained or terminated.

Thus, when a leading public employee is disciplined in the form of a reprimand, the planning, training, retraining and appointment to a higher position will not be carried out within 12 months from the date of the decision on disciplinary action in Vietnam.

According to what content is evaluation of public employees considered in Vietnam?

Pursuant to Clause 5, Article 1 of the Law on Cadres and Civil Servants and the revised Law on Public Employees 2019 has the following provisions:

1. The recruitment of civil servants shall be carried out through entrance examination or selection examination, except for the case specified in Clause 3 of this Article.

The form and content of civil servant recruitment and selection examination must be suitable to the job position requirements in each industry or profession, ensuring the selection of qualified, qualified and capable people.

2. The recruitment of civil servants through recruitment examination shall be made according to the decision of the agency competent to recruit civil servants for each of the following groups of subjects:

a) Commit to volunteering to work for 5 years or more in areas with extremely difficult socio-economic conditions;

b) Learners according to the recruitment regime as prescribed by the Law on Education, after graduation, work in the locality where they are sent to study;

c) Excellent graduates, talented young scientists.

3. In addition to the form of recruitment through entrance examination and selection examination, the head of the civil servant management agency shall decide to accept people who meet the criteria and conditions of the job position as civil servants in the case of civil servants. The following:

a) Public employees working at public non-business units;

b) Commune-level cadres and civil servants;

c) People who receive salaries in the people's armed forces, people who work in cipher organizations but are not civil servants;

d) Accepting for appointment as civil servants holding leadership and management positions for persons who are currently Chairman of the Members' Council, Chairman of the Board of Directors, President of the company, Member of the Members' Council, Member members of the Board of Directors, Supervisors, General Directors, Deputy General Directors, Directors, Deputy Directors, Chief Accountants and persons holding other managerial positions and titles as prescribed by the Government in enterprises the State, enterprises in which more than 50% of charter capital is held by the State; the recipient must be planned to the appointed position or equivalent position;

dd) Persons who used to be cadres and civil servants and then transferred or rotated by competent authorities to hold working positions are not cadres or civil servants at other agencies and organizations.

4. The cases specified in Clause 3 of this Article shall be considered for admission to the position of public servants if they are not within the time limit for disciplinary action, not within the time limit for implementing regulations related to discipline specified in Article 82. of this Law; the cases specified at Points a, b, c and d Clause 3 of this Article must also have full 05 years of working experience or more relevant to the receiving field.

5. The Government shall detail this Article.

According to this Article, the evaluation of public employees shall be considered according to the above mentioned contents in accordance with regulations in Vietnam.

Best Regards!