Civil Servants in Leadership and Management Positions Will Not Be Subject to Disciplinary Salary Downgrade

Officials in leadership and management positions will not be subject to the disciplinary measure of demotion (Illustrative photo)

Clause 3, Article 7 of Decree 112/2020/ND-CP stipulates the forms of discipline for officials holding leadership and management positions, including:

- Reprimand- Warning- Demotion- Dismissal- Forced resignation

In cases where an official does not hold a leadership or management position and commits violations, one of the following disciplinary measures will be applied:

- Reprimand- Warning- Lowering salary grade- Forced resignation

Thus, the disciplinary measure of lowering the salary grade is only applied to officials who do not hold leadership or management positions. Specifically, the disciplinary measure of lowering the salary grade applies to officials who do not hold leadership or management positions and commit one of the following violations:

(1) Previously disciplined with a warning according to Article 9 of Decree 112/2020/ND-CP and repeat the offense;

(2) Committing a first-time offense causing very serious consequences, in one of the following cases:

- Violation of ethics and communication culture of officials; legal regulations on performing duties and responsibilities of officials; labor discipline; internal rules and regulations of the agency, organization, or unit;- Abusing their position for personal gain; having a bossy attitude, being authoritarian, or causing difficulties and troubles for agencies, organizations, units, or individuals in performing official duties; certifying or issuing legal documents to people who are not eligible;- Failing to comply with decisions on assignment and relocation of work by competent authorities; not performing assigned tasks without valid reasons; causing disunity within the agency, organization, or unit;- Violating legal regulations on crime prevention and control; social evils prevention; social order and safety; anti-corruption; thrift practice and waste combat;- Violating legal regulations on state secret protection;- Violating legal regulations on complaints and denunciations;- Violating regulations on democratic centralism, propaganda, and spokespersons, regulations on internal political protection;- Violating legal regulations on investment, construction; land, natural resources, and environment; finance, accounting, banking; managing and using public assets during public service performance;- Violating legal regulations on family violence prevention; population, marriage and family; gender equality; social security; and other legal regulations related to officials.

According to Decree 34/2011/ND-CP, the document regulating the forms of discipline for officials before Decree 112/2020/ND-CP took effect, officials holding leadership and management positions who committed violations would be subject to one of the following disciplinary measures:

- Reprimand- Warning- Lowering salary grade- Demotion- Dismissal- Forced resignation

Thus, Decree 112/2020/ND-CP has removed the disciplinary measure of lowering the salary grade for officials holding leadership and management positions.

Currently, officials in leadership and management positions will not be subject to the disciplinary measure of lowering the salary grade, but will only be subject to one of the five forms of reprimand, warning, demotion, dismissal, or forced resignation. Officials holding leadership and management positions should take note of this change to protect their rights at their agencies and organizations.

Thuy Tram

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