Order of disciplinary handling of reprimands with public employees in Vietnam

Order of disciplinary handling of reprimands with public employees in Vietnam (Internet image)

1. Applying discipline and reprimand to public employees

The application of the form of discipline and reprimand to public employees according to Article 16 of Decree 112/2020/ND-CP, applies to first-time violations, causing less serious consequences in one of the following cases: This:

- Failure to comply with professional procedures, regulations, professional ethics, and codes of conduct while performing professional activities, which have been warned in writing by competent authorities;

- Violation of the law on: performing the duties and responsibilities of public employees; labor discipline; regulations, rules, and working regulations of public non-business units that have been reminded in writing by competent authorities;

- Taking advantage of the working position for self-seeking purposes; having a bossy, authoritarian attitude; or causing difficulties or troubles to people in the course of performing assigned tasks;

Certifying or issue legal documents to ineligible persons; offend the honor, dignity, and reputation of others while performing professional activities;

- Failure to comply with the decision on assignment of work of the competent authority; failure to perform assigned duties without a valid reason; causing disunity in the unit;

- Violating the law on: crime prevention and combat; Prevention of social evils; safety and order of society; Anti-corruption; practicing thrift, fighting waste;

- Violation of the law on the protection of state secrets;

- Violating the provisions of law on complaints and denunciations;

- Violating regulations of law on: investment, construction; land, natural resources, and environment; finance, accounting, and banking; management and use of public property in the course of professional activities;

- Violation of the law on: domestic violence prevention and control; population, marriage, and family; gender equality; Social Security; and other provisions of the law relating to public employees.

Note: The application of discipline and reprimand to public employees, except for the violations specified in Clause 3, Article 17 of Decree 112/2020/ND-CP for first-time violations, causes less serious consequences in one of the following cases:

- Managerial public employees fail to properly perform their responsibilities, allowing public employees under their management to violate the law, causing serious consequences while performing professional activities;

- Management officers fail to complete management and administration tasks as assigned without a valid reason.

2. Authority to discipline and reprimand public employees in Vietnam

Competence to discipline and reprimand public employees, according to Article 31 of Decree 112/2020/ND-CP, is as follows:

- For administrative officers, heads of agencies, organizations, or units with authority to appoint, conduct disciplinary actions, and decide on disciplinary forms.

For public employees holding elected positions or titles, the authorities competent to ratify and decide to recognize election results shall take disciplinary action and decide on disciplinary forms.

- For public employees who do not hold managerial positions, heads of public non-business units managing public employees shall handle disciplinary actions and decide on disciplinary forms.

- For seconded public employees, the heads of agencies, organizations, or units where the officers are sent to be seconded shall conduct disciplinary consideration and propose disciplinary forms. Disciplinary handling records must be sent to the public non-business unit that appoints the seconded official to issue disciplinary decisions according to its competence.

- In case the public employee commits violations while working at the former agency, organization, or unit,
When transferring to a new agency, organization, or unit, a new violation is discovered, and the statute of limitations is still within the statute of limitations for disciplinary action belonging to the former agency, organization, or unit where the public employee works.

Disciplinary documents and decisions must be sent to the agency, organization, or unit that is managing the public employee.

In case the public non-business unit has previously been dissolved, merged, consolidated, divided, or separated, the relevant responsible persons must hand over the dossier for the public non-business units that are managing public employees to take disciplinary actions.

- For public employees working in the People's Court and the People's Procuracy, the competence to discipline shall comply with the provisions of the competent authority of the agency managing public employees.

3. Order of disciplinary handling of reprimands with public employees in Vietnam 

According to Article 32 of Decree 112/2020/ND-CP, the disciplinary handling of reprimands for public employees shall be carried out according to the following steps:

(1) Holding a review meeting;

(2) Establishing a Disciplinary Council;

(3) Competent authorities issue disciplinary action decisions.

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