From July 01, 2020, officials subject to disciplinary action can still be appointed

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To be specific, according to Clause 17 Article 1 of this Law amending and supplementing Clauses 2, Clause 3 Article 82 of Law on Officials 2008, officials who are disciplined by reprimand, warning, or salary downgrade shall not be promoted, planned, trained, or appointed to a higher position within 12 months from the date the disciplinary decision takes effect.

In cases where the officials are disciplined by demotion or dismissal, they shall not be promoted, planned, trained, or appointed within 24 months from the date the disciplinary decision takes effect.

It is evident that the Amended Law has categorized the disciplinary actions into two levels to consider whether the officials can be reappointed or not. Specifically, if they are disciplined by reprimand, warning, or salary downgrade, they shall not be appointed to a higher position for 12 months but can still be reappointed or assigned to a lower position. If they are disciplined by demotion or dismissal, they shall not be appointed for 24 months.

After the aforementioned period, if the officials do not commit violations that require disciplinary action, they shall continue to be promoted, planned, trained, and appointed in accordance with the law.

The current regulation in Law on Officials 2008 states that officials who are disciplined from reprimand to dismissal shall naturally not be appointed, including reappointment.

Moreover, the Amended Law also stipulates that officials under disciplinary action, investigation, prosecution, or trial shall not be nominated, appointed, transferred, rotated, seconded, trained, or promoted, but can be considered for retirement. (according to current regulations, such individuals will not be considered for retirement).

Nguyen Trinh

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