Expected Non-Statute of Limitations for Disciplinary Actions Against Officials from 2020

This is a new point mentioned in the Draft Law amending the Law on Cadres and Civil Servants and the Law on Public Employees, expected to take effect from January 1, 2020.

The statute of limitations for disciplining officials is defined as the period after which officials who have committed violations are not subject to disciplinary review.

Currently, according to the provisions of Clause 1, Article 80 of the Law on Officials 2008, this statute of limitations is determined to be 24 months from the time of the violation. However, this Draft proposes an amendment to extend the statute of limitations for disciplinary action to 60 months, from the time of the violation.

Nonetheless, the Draft also stipulates that the statute of limitations for disciplinary action does not apply to certain exceptionally serious violations as follows:

  • - Officials who are party members and commit violations to the extent that expulsion is required;
  • - Violations concerning the protection of internal political matters;
  • - Acts that infringe on national interests in the fields of defense, security, and foreign affairs;
  • - Use of fake, illegal diplomas, certificates, evidence, and confirmation documents.

Thus, officials will not be subject to the statute of limitations for disciplinary action and can be reviewed and disciplined at any time if they are found to have committed any of the exceptionally serious violations mentioned above.

See detailed content at Draft Law amending the Law on Officials and Public Employees expected to take effect from January 1, 2020.

Duy Thinh

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