Additional Cases for Civil Servants and Public Employees Not Considered for Disciplinary Action from July 01, 2020

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The Draft has introduced many new regulations regarding the disciplinary actions against officials and public employees, notably adding cases where disciplinary action has not been considered.

To be specific, according to this Draft, from July 1, 2020, officials and public employees in the following cases will not be subject to disciplinary review:

- During annual leave, leave according to policies, private leave approved by the competent authority.

- During the period of treatment for severe illness or when the individual is incapacitated, seriously ill, being treated as an inpatient at a hospital with certification from a competent state medical authority from the district level or higher. (current regulation: During the treatment period with certification from a competent medical authority)

- Female officials and public employees during pregnancy, maternity leave, or nursing a child under 12 months old; male officials and public employees (in cases where the wife has passed away) who are nursing a child under 12 months old. (current regulation: Female officials and public employees during pregnancy, maternity leave, or nursing a child under 12 months old)

- Under indictment, temporary detention, or imprisonment awaiting the conclusion of investigation, prosecution, or adjudication by the competent authority regarding the violation of the law.

Thus, the draft has added the regulation that male officials and public employees who are nursing a child under 12 months old in the case of their wife's death will not be subject to disciplinary action.

Furthermore, according to the draft, only cases of severe illness or incapacitation, and serious illness will not be subject to disciplinary review. This regulation is stricter compared to the current regulation, which only requires certification from a medical authority to exempt from disciplinary review.

It is expected that this Decree will come into effect from July 1, 2020.

Thanh Lam

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