This is one of the notable contents in the Law amending certain provisions of the Law on Officials and the Law on Public Employees passed by the National Assembly on November 25, 2019.
Article table of contents
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To be specific: according to Clause 8, Article 2 of This Law amending and supplementing Clause 3, Article 56 of the Law on Public Employees 2010, public employees who are within the period of disciplinary action, under investigation, prosecution, or trial are not allowed to be appointed, seconded, trained, fostered, or terminated. This means that retirement policies will still be resolved for public employees who are within the period of disciplinary action. (According to current regulations, retirement is not resolved for these subjects). Thus, it can be seen that the Amended Law has relaxed the conditions for resolving retirement for public employees compared to the current regulations in the Law on Public Employees 2010.
Simultaneously, according to the revised contents of This Law, from July 1, 2020, public employees under disciplinary action are still eligible for appointment. To be specific: in the case of public employees disciplined with reprimand or warning, they will not be considered for planning, training, fostering, or appointment to a higher position within 12 months from the effective date of the disciplinary decision, meaning they can still be re-appointed or placed in a lower position.
In the case of public employees disciplined by demotion, they will not be considered for planning, training, fostering, or appointment within 24 months from the effective date of the disciplinary decision.
Thus, the Amended Law has divided disciplinary treatment for public employees into two levels to consider whether they can be reappointed or not. Accordingly, if disciplined by reprimand or warning, they are not appointed to a higher position within 12 months but can still be reappointed or placed in a lower position. If disciplined by demotion, they will not be appointed within 24 months.
The Law on Public Employees 2010 currently stipulates that public employees disciplined from reprimand to demotion are naturally not reappointed, even within 12 months from the effective date of the disciplinary decision.
Hai Thanh
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