From July 1, 2020, the Statute of Limitations for Disciplinary Action Against Public Employees Extends to 5 Years

Law amending and supplementing several articles of the Law on officials and the Law on public employees officially takes effect from July 1, 2020. One notable aspect of this Law is the extension of the statute of limitations for disciplining public employees to up to 05 years.

Extension of the statute of limitations for disciplinary action against public employees

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To be specific:, according to Clause 7, Article 2 of this Law amending and supplementing Article 53 of the Law on Public Employees 2010, from July 1, 2020, the statute of limitations for disciplinary action against public employees will be extended to 05 years from the time the violation occurred. Specifically, for violations that are not severe enough to warrant a reprimand, the statute of limitations for disciplinary action will be 02 years (According to current regulations, the statute of limitations for disciplinary action against public employees is 24 months for all cases).

Notably, the Amended Law also emphasizes that for public employees who commit the following particularly serious violations, the statute of limitations for disciplinary action does not apply:

a) Public employees who are party members and commit violations severe enough to warrant expulsion;

b) Violations related to the protection of internal political affairs;

c) Acts that harm national interests in the fields of defense, security, and foreign relations;

d) Use of fake or illegal degrees, certificates, or documents.

Note: The statute of limitations for disciplinary action is the period during which, after its expiration, the public employee committing the violation will not be considered for disciplinary action.

The disciplinary action period should not exceed 90 days; in cases where the incident involves complex circumstances requiring additional inspection and verification, the disciplinary action period may be extended but not exceed 150 days.

Nguyen Trinh

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