From 2020, Officials Who Were Disciplined by Dismissal May Still Be Reappointed

This is one of the notable contents amended and supplemented in the Draft Law amending and supplementing a number of articles of the Law on Officials and the Law on Public Employees, expected to take effect from January 1, 2020.

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To be specific:, according to Clause 15 Article 1 Draft amending and supplementing Clause 2, Clause 3 Article 82 of the Law on Officials 2008, officials disciplined from reprimand to dismissal shall not be promoted, planned, trained, or appointed to a higher position within 12 months, from the effective date of the disciplinary decision; after this period, if the official does not violate any rules that would require further disciplinary action, they will continue to be promoted, planned, trained, and appointed according to the laws. This means that officials who are disciplined will not be appointed to a higher position but may still be considered for reappointment or assigned to a lower position.

The current regulations of the Law on Officials 2008 stipulate that officials disciplined from reprimand to dismissal shall not be appointed, including reappointment.

Additionally, the Draft also stipulates that officials who are under disciplinary processes, being investigated, prosecuted, or tried shall not be candidates for nomination, recommended for appointment, transferred, rotated, seconded, trained, nurtured, or promoted, or allowed to resign, but shall still be considered for retirement. (According to current regulations, these individuals will not be allowed to retire).

Nguyen Trinh

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