Decree 112/2020/ND-CP: There will be higher chances where officials will be removed from office in Vietnam

Decree 112/2020/ND-CP: There will be higher chances where officials will be removed from office in Vietnam (Internet image)

According to Article 13 of Decree 112/2020/ND-CP issued by the Government of Vietnam on disciplining officials and public employees, the following specific violations will result in the disciplinary measure of removal from office:

1. An official who has been disciplined with removal from office for leadership or management roles, or a reduction in salary for officials who do not hold leadership or management positions, but have committed a repeat offense. (newly added)

2. The first-time violation that causes particularly serious consequences in the following cases (incorporating and adding some new regulations):

- Violating the regulations on ethics, communication culture of officials; regulations on the performance of duties and tasks of officials; labor discipline; internal rules and regulations of agencies, organizations, and units.

- Abusing their position for personal gain; displaying discriminatory, abusive, or obstructive behavior towards agencies, organizations, units, or individuals in the performance of official duties; providing confirmation or legal documents to unqualified individuals.

- Failing to comply with decisions on reassignment or assignment of duties by competent authorities; not performing assigned tasks without justifiable reasons; creating disunity within the agency, organization, or unit.

- Violating the laws on crime prevention; social evil prevention; social order and safety; anti-corruption; practicing thrift, and preventing waste.

- Violating the laws on state secrets protection.

- Violating the laws on complaints and denunciations.

- Violating regulations on centralized democracy, propaganda, speech, and internal political protection.

- Violating the laws on investment, construction; land, environmental resources; finance, accounting, banking, management, and use of public assets in the performance of official duties.

- Violating the laws on domestic violence prevention; population, marriage, and family, gender equality; social security; other laws related to officials and civil servants.

3. Using fake or illegal diplomas, certificates, certifications, or confirmations to be recruited into agencies, organizations, or units.

According to Article 14, paragraph 2 of Decree 34/2011/ND-CP on disciplining officials, which will expire on September 20, 2020, which only generally regulates the use of "illegal documents". The new regulation specifically includes diplomas, certificates, certifications, or confirmations that are fake or illegal.

4. Drug addiction; in this case, there must be a conclusion from a medical facility or a notification from the competent authority.

According to paragraph 3 of Article 14 of Decree 34/2011/ND-CP, which became ineffective on September 20, 2020, it was stipulated that officials addicted to drugs must have confirmation from the competent medical authority. However, currently, cases of officials addicted to drugs can also be confirmed by notifications from the competent authority.

5. In addition to the above cases, the disciplinary measure of dismissal can also be applied to officials holding leadership or management positions who commit a first-time violation that causes particularly serious consequences in the following cases (newly added):

• Failing to fulfill the assigned management, leadership tasks, according to the delegation.

• The person in charge of the agency, organization, or unit allows serious violations of the law within their scope of responsibility without taking preventive measures.

Thus, the new regulation completely eliminates two violations compared to previous regulations, specifically:

• Imprisonment without probation.

• Voluntarily resigning, with a total of at least 7 working days in a month or 20 working days in a year, which has been notified in writing by the employing agency three times in a row.

Therefore, with the issuance of Decree 112/2020/ND-CP, there will be more violations by officials that will result in the disciplinary measure of removal from office compared to before.

Note: In Article 39, paragraph 2 of Decree 112/2020/ND-CP, it is stipulated that officials who are subjected to the disciplinary measure of removal from office will not be entitled to the retirement regime but will be confirmed by the Social Insurance Agency regarding the period of social insurance contributions to implement the social insurance regime according to the provisions of the law.

Furthermore, after 12 months from the effective date of the decision on the disciplinary measure of removal from office, officials who have been subjected to this measure have the right to apply for recruitment into state agencies, organizations, or units. In cases where the disciplinary measure of removal from office is due to corruption, embezzlement, or violations of ethics in public service, they are not allowed to apply for recruitment into agencies or positions related to the duties and tasks they have previously held.

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