04 forms of discipline imposed on public employees in Vietnam

1. Discipline in form of reprimand in Vietnam

The form of disciplinary reprimand is applied to first-time violations, causing less serious consequences, except for the violations specified in Clause 3, Article 17 of Decree 112/2020/ND-CP, belonging to one of the following cases:

- Failure to comply with professional procedures, regulations, professional ethics and codes of conduct while performing professional activities, which have been warned in writing by competent authorities;

- Violation of the law on: performing the duties and responsibilities of public employees; labor discipline; regulations, internal rules and working regulations of public non-business units which have been reminded in writing by competent authorities;

- Take advantage of the working position for self-seeking purposes; having a bossy, authoritarian attitude or causing difficulties or troubles to people in the course of performing assigned tasks and tasks; certify or issue legal documents to ineligible persons; offend the honor, dignity and reputation of others while performing professional activities;

- Failure to comply with the decision on assignment of work of the competent authority; failure to perform assigned duties without a valid reason; causing disunity in the unit;

- Violate the law on: crime prevention and combat; Prevention of social evils; safety and order of society; Anti-corruption; practice thrift, fight waste;

- Violate the law on protection of state secrets;

- Violate the regulations of law on complaints and denunciations;

- Violate regulations of law on: investment, construction; land, natural resources and environment; finance, accounting, banking; management and use of public property in the course of professional activities;

- Violation of the law on: domestic violence prevention and control; population, marriage and family; gender equality; Social Security; other provisions of law relating to public employees.

(Article 16 Decree 112/2020/ND-CP)

2. Discipline in form of warning in Vietnam

A warning discipline shall be applied to an officer who commits violations in one of the following cases:

- He/she has been disciplined in the form of reprimand for the violation in item (1);

- He/she commits the violation for the first time, causing serious consequences in one of the cases specified in Article 16 of Decree 112/2020/ND-CP;

- He/she commits the violation for the first time, causing less serious consequences in one of the following cases:

+ Public employees in management fail to properly perform their responsibilities, allowing public employees under their management to violate the law, causing serious consequences while performing professional activities;

+ Public employees in management fail to complete management and administration tasks as assigned without a valid reason.

(Article 17 Decree 112/2020/ND-CP)

3. Discipline in form of dismissal in Vietnam

Discipline in form of dismissal shall be imposed on public employees in management in one of the following cases:

- He/she has been disciplined in the form of a warning according to item (2) but recidivism;

- He/she commits the violation for the first time, causing very serious consequences in one of the cases in item (1);

- He/she commits the violation for the first time, causing serious consequences in one of the cases specified in Clause 3, Article 17 of Decree 112/2020/ND-CP;

- He/she uses illegal documents to be appointed to a position.

(Article 18 Decree 112/2020/ND-CP)

Note: Discipline in form of dismissal is only applicable to public employees in management.

4. Discipline in form of being sacked in Vietnam

Discipline in form of being sacked shall be imposed on public employees who commit violations in one of the following cases:

- He/she has been disciplined in the form of dismissal of a managerial officer or a warning against a public employee who does not hold a managerial position but repeats the offence;

- He/she commits the violation for the first time, causing particularly serious consequences in one of the cases in item (1);

- Public employees in management commits a violation for the first time, causing very serious or particularly serious consequences in one of the cases specified in Clause 3, Article 17 of Decree 112/2020/ND-CP;

- He/she use fake or illegal diplomas, certificates, certificates or certifications to be recruited into agencies, organizations or units;

- He/she is a drug addict; for this case, it must be certified by the medical facility or notified by the competent authority.

(Article 19 Decree 112/2020/ND-CP)

In addition to the above disciplinary forms, public employees may also be restricted from performing professional activities in accordance with relevant laws.

Diem My

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