Salary increase for disciplined public employees in Vietnam until when?
Salary increase for disciplined public employees in Vietnam until when?
Based on Clause 3, Article 2 of Circular 08/2013/TT-BNV as amended by Clause 5, Article 1 of Circular 03/2021/TT-BNV regulating policies on regular salary raise:
Article 2. Regular salary raise regime
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- Duration of extension for consideration of regular salary raise:
During the period receiving the current salary grade, if officials, public employees, and workers have received a written notice or decision from competent authorities stating that they have not completed their annual assigned tasks or have been disciplined in forms such as reprimand, warning, demotion, or dismissal, the regular salary raise period will be extended compared to the time specified in Point a, Clause 1 of this Article as follows:
a) Extended by 12 months for cases:
- Officials disciplined by dismissal;
- Civil servants disciplined by demotion or dismissal;
- Public employees and workers disciplined by dismissal.
b) Extended by 06 months for cases:
- Officials, workers, and public employees disciplined with a reprimand or warning;
- Public employees disciplined with a warning;
- Officials, public employees, and workers evaluated and ranked as having not completed their annual assigned tasks by competent authorities; in the case of two non-consecutive years of not completing assigned tasks during the salary grade period, each year of not completing tasks will result in an extension of 06 months.
c) Extended by 03 months for a public employee disciplined with a reprimand.
[...]
According to the above regulation, a public employee disciplined with a reprimand will have their regular salary raise consideration extended by 03 months.
Salary increase for disciplined public employees in Vietnam until when? (Image from Internet)
When is the reprimand discipline form applied to public employees in Vietnam?
According to Article 16 of Decree 112/2020/ND-CP as amended by Clause 7, Article 1 of Decree 71/2023/ND-CP, the reprimand discipline form is applied to public employees when they commit first-time violations causing minor consequences in the following cases:
- Not following professional, ethical, and conduct procedures and regulations during professional activities, having been reminded in writing by competent authorities.
- Violations of legislation on: the exercise of responsibilities and tasks as public employees; labor discipline; regulations and internal rules of public service providers having been reminded in writing by competent authorities.
- Misusing positions for personal gain; having authoritarian or condescending attitudes or causing inconvenience to the public during the execution of tasks; asserting or issuing legal documents to non-qualified individuals; insulting the dignity or reputation of others during professional activities.
- Avoidance, procrastination, not performing or improperly performing responsibilities and tasks according to the law, internal rules, the institution’s norm, or tasks assigned by competent authorities without reasonable justification; not obeying decisions regarding assignment and task delegation by competent authorities; causing disunity within the organization.
- Violations of legislation on crime prevention; prevention of social evils; social order, safety; anti-corruption; practicing thrift and preventing wastefulness.
- Violations of legislation regarding the protection of state secrets.
- Violations of legislation on complaints and denunciations.
- Violations of legislation in sectors like investment, construction; land, environmental resources; finance, accounting, banking; management, and use of public assets during professional activities.
- Violations of legislation related to domestic violence prevention; population, marriage, and family; gender equality; social welfare; and other regulations of the Communist Party and law concerning public employees.
Note: For first-time violations resulting in minor consequences that fall under the following scenarios, the employee will be disciplined with a warning (under Clause 3, Article 17 of Decree 112/2020/ND-CP):
- Management officers failing in responsibilities leading to public employees under their management violating laws causing serious consequences during professional activities.
- Management officers failing to complete management and administrative tasks as assigned without justifiable reasons.
What are the rights of public employees in professional activities in Vietnam?
According to Article 11 of Law on Public Employees 2010, rights of public employees in professional activities include:
- Being legally protected in their professional activities.
- Being trained and improved in political, professional, and vocational levels.
- Ensured access to equipment and working conditions.
- Being provided with information related to the tasks or duties assigned.
- Having the right to decide on professional matters related to tasks or duties assigned.
- Having the right to refuse to perform work or tasks that are contrary to legal provisions.
- Enjoying other rights related to professional activities as prescribed by law.
