Acts of Violation by Officials and Public Employees Subject to Disciplinary Action at Any Time

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This Draft Decree specifies the regulations on disciplinary actions against officials and public employees that have been amended and supplemented in the Law on Cadres, Civil Servants, and the Revised Law on Public Employees 2019.

To be specific, this Draft states that the following violations will not have statute of limitations for disciplinary actions against officials and public employees:

- Officials and public employees who are party members with violations subject to expulsion;- Violations involving the protection of internal politics;- Acts that harm national interests in the fields of defense, security, and foreign affairs;- Using fake or illegal degrees, certificates, certifications, or confirmations.

Thus, in these four cases, officials and public employees will be subject to disciplinary actions at any time without regard to the statute of limitations. (This is a new addition in the Law on Cadres, Civil Servants, and the Revised Law on Public Employees 2019 and this Draft Decree, as currently Law on Cadres, Civil Servants 2008, Public Employees Law 2010, Decree 27/2012/ND-CP, and Decree 34/2011/ND-CP do not stipulate this issue).

Apart from the four cases mentioned above, the statute of limitations for disciplinary actions against officials and public employees is stipulated as follows:

- 2 years for minor offenses subject to reprimand;- 5 years for other violations not mentioned above.

In which, the statute of limitations for disciplinary actions is calculated from the time of the violation to the time the head of the agency, organization, or unit with authority issues a written notice of consideration for disciplinary action.

Currently, under Decree 27/2012/ND-CP and Decree 34/2011/ND-CP, the statute of limitations for disciplinary actions against officials and public employees is 24 months, calculated from the time officials and public employees commit the offense to the time the head of the agency, organization, unit, or public service provider with authority issues a written notice of consideration for disciplinary action. It can be seen that, instead of only 2 years as currently, this Draft Decree extends the statute of limitations for disciplinary actions against violating officials and public employees to up to 5 years.

Additionally, this Draft also stipulates that in the following cases, officials and public employees are exempted from disciplinary responsibility:

- Verified by the competent authority to have lost civil act capacity when committing the violations subject to disciplinary actions;- Must comply with the superior's decision as stipulated;- Verified by the competent authority or person with authority to have violated the law in force majeure circumstances when performing official duties.

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Nguyen Trinh

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