Officials and public employees violating regulations will not only face disciplinary action but also have their salary increase delayed for up to 12 months. Below are the deadlines for delayed salary increases for officials and public employees at present in Vietnam.
Deadline for delayed salary increase for officials and public employees in Vietnam (Illustrative photo)
1. Duration of delayed salary increase for officials in Vietnam
According to Clause 1, Article 82 of the Law on Officials, an official who is reprimanded or warned will have their salary increase period delayed by 06 months from the effective date of the disciplinary decision. In cases of demotion or dismissal, the salary increase period is delayed by 12 months from the effective date of the disciplinary decision. To be specific:
Type of Disciplinary Action | Violations | Duration of Delayed Salary Increase | Legal Basis |
Reprimand | - Exhibiting bureaucratic, officious attitude, or causing difficulties and inconvenience in executing public duties. - Failing to perform assigned tasks without a valid reason. - Causing disunity within the agency, organization, or unit. - Leave of absence without permission for a total of 03 to less than 05 working days per month. - Illegally using public properties. - Certifying documents for individuals not eligible. - Violating anti-corruption laws; practicing thrift, combating wastefulness; labor discipline; gender equality; anti-prostitution laws, and other related laws. |
06 months | Article 9 of Decree 34/2011/ND-CP |
Warning | - Issuing documents to ineligible individuals. - Using agency, organization, or unit information and documents for personal gain. - Not complying with assignment or transfer decisions of the authority. - Using illegal documents to attend training, professional improvement exams. - Leave of absence without permission for a total of 05 to less than 07 working days per month. - Illegally using drugs as reported by the police to the agency, organization, or unit where the official is working. - Sentenced to probation or non-custodial reform for non-managerial officials. - Serious violations of anti-corruption laws; practicing thrift, combating wastefulness; gender equality; anti-prostitution laws, etc. but have sincerely repented during the disciplinary process. |
Article 10 of Decree 34/2011/ND-CP | |
Demotion | For senior officials having any of the following violations: - Failing to complete assigned management or operational duties without a valid reason leading to serious consequences. - Severe violations of anti-corruption laws; practicing thrift, combating wastefulness; gender equality; anti-prostitution laws, etc. but have sincerely repented during the disciplinary process. - Heads of agencies, organizations, or units allowing serious legal violations within their responsibilities without preventive measures. |
12 months | Article 12 of Decree 34/2011/ND-CP |
Dismissal | For senior officials having any of the following violations: - Using illegal documents for appointment. - Failing to complete assigned management or operational duties without a valid reason leading to very serious consequences. - Sentenced to probation or non-custodial reform. - Very severe violations of anti-corruption laws; practicing thrift, combating wastefulness; gender equality; anti-prostitution laws, etc. |
Article 13 of Decree 34/2011/ND-CP |
2. Duration of delayed salary increase for public employees in Vietnam
According to Clause 1, Article 56 of the Law on Public Employees, a public employee who is reprimanded will have their salary increase period delayed by 03 months; if warned, the period is delayed by 06 months. In case of dismissal, the period is delayed by 12 months. To be specific, as follows:
Type of Disciplinary Action | Violations | Duration of Delayed Salary Increase | Legal Basis |
Reprimand | - Violating rules and regulations of the public service provider after being reminded in writing. - Not adhering to professional procedures, ethics, and conduct when performing professional activities, after being reminded in writing. - Failing to comply with work assignments or not performing agreed-upon work without a valid reason. - Exhibiting bureaucratic, officious attitude or causing difficulties and inconvenience to the public during work. - Causing disunity within the unit. - Leave of absence without permission for a total of 03 to less than 05 working days per month or consecutive days without valid reason. - Illegally using the assets of the public service provider and the public. - Violating anti-corruption laws; practicing thrift, combating wastefulness; labor discipline; gender equality; anti-social vices laws, and other related laws. |
03 months | Article 10 of Decree 27/2012/ND-CP |
Warning | - Not adhering to professional procedures, ethics, and conduct seriously. - Failing to comply with the work assignments of the authority, affecting the unit’s work. - Using illegal documents for training, professional improvement exams, or changing professional titles. - Leave of absence without permission for a total of 05 to less than 07 working days per month or consecutive days without valid reason. - Discriminating based on ethnicity, social class, belief or religion in any form. - Misusing professional activities to propagandize against the Communist Party’s policies or state laws; affecting societal customs and culture. - Insulting the dignity, honor, and reputation of others during professional activities. - Illegally using drugs as reported by the police to the public service provider. - Managers not performing management responsibilities, leading to serious legal violations by managed public employees. - Non-managerial public employees sentenced to probation or non-custodial reform. - Serious violations of anti-corruption laws; practicing thrift, combating wastefulness; labor discipline; gender equality; anti-social vices laws, etc., but sincerely repented during the disciplinary process. |
06 months | Article 11 of Decree 27/2012/ND-CP |
Dismissal | - Failing to complete management duties without a valid reason, causing serious consequences. - Using illegal documents for appointment. - Sentenced to probation or non-custodial reform. - Severe violations of anti-corruption laws; practicing thrift, combating wastefulness; gender equality; anti-social vices laws, etc. |
12 months | Article 12 of Decree 27/2012/ND-CP |
The above is the full regulation on the duration of delayed salary increase for officials and public employees in Vietnam. Officials and public employees should comply with the law, as well as professional practices, to avoid violations leading to disciplinary actions and delayed salary increases, affecting their rights and interests.
Le Vy