Important changes in official discipline in Vietnam from September 20

Important changes in official discipline in Vietnam from September 20​ (Illustrative photo)

According to Decree 112/2020/ND-CP regulating the discipline of officials, there have been some important changes compared to Decree 34/2011/ND-CP. To be specific:

1. The principles of handling official discipline in Vietnam

The new points about the principles of handling official discipline are stipulated in Article 2 of Decree 112/2020/ND-CP:

- Handling official discipline must ensure openness and transparency;

- Not separating individual violations of officials and public employees to handle discipline multiple times with different disciplinary forms;

- In case an official has been disciplined by the Party, the form of administrative discipline must be commensurate with the Party discipline.

Note: Within 30 days from the date of announcing the Party's disciplinary decision, the agency, organization, or unit must consider and decide on administrative disciplinary action.

- An official who has committed a violation for the first time and has been disciplined, if within 24 months from the date the disciplinary decision takes effect, commits the same violation, it will be considered as a repeat offense;

If the period exceeds 24 months, the violation will be considered as a first-time offense but will be treated as an aggravating circumstance when considering disciplinary action.

2. Cases where official discipline is not considered in Vietnam

Decree 112/2020/ND-CP adds a new case in which discipline is not considered for a male official (in cases where the wife has died or due to other objective, force majeure reasons) who is raising a child under 12 months old.

3. Cases of exemption from official disciplinary responsibility in Vietnam

An additional case exempt from disciplinary responsibility includes:

- Confirmed violations in urgent situations, objective obstacles as prescribed by the Civil Code when performing official duties.

- Officials who have committed violations to the extent of being disciplined but have passed away.

4. Statute of limitations and time limits for handling official discipline in Vietnam

Decree 112/2020/ND-CP stipulates:

- Adds a statute of limitations for handling discipline against officials of 05 years for violations not subject to a statute of limitations of 02 years (for less serious violations that should be disciplined in the form of reprimand).

- Extends the disciplinary handling time limit for officials from a maximum of 02 months to not exceeding 90 days in usual cases and not exceeding 150 days for cases with complicated circumstances.

5. No demotion discipline for officials in managerial, leadership positions in Vietnam

The disciplinary forms applied to officials holding managerial, leadership positions are limited to 05 forms as follows:

- Reprimand.

- Warning.

- Demotion.

- Dismissal.

- Forced dismissal.

Thus, Decree 112/2020/ND-CP has eliminated the disciplinary form of demotion for officials holding managerial, leadership positions.

6. Additional authority to handle discipline for retired officials in Vietnam

Clause 18, Article 1 of the Law on Officials and Public Employees amended 2019 stipulates:

- All violations during the working period of retired officials are to be handled according to law.

- Officials after retirement or resignation, upon the discovery of violations during the working period, must bear one of the disciplinary forms such as reprimand, warning, or erasing the title associated with legal consequences corresponding to the disciplinary form.

The authority to handle discipline for retired officials is a completely new regulation in Decree 112/2020/ND-CP. To be specific:

- In cases of discipline by erasing the title, the authority that approved or decided on the election results, appointment to the highest position must make the disciplinary decision. In this case, the authority decides on handling other related positions and titles.

- In cases of discipline by reprimand or warning, the authority that approved or decided on the election results, appointment to the position or title must make the disciplinary decision.

Thus, since the date Decree 112/2020/ND-CP takes effect, replacing Decree 34/2011/ND-CP on handling official discipline, there have been significant changes. These changes directly relate to the rights and responsibilities of officials, which officials need to pay special attention to.

Thuy Tram

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE