Draft Law amending and supplementing a number of articles of the Law on Officials and the Law on Public Employees is expected to take effect from January 01, 2020. Notably, the amendments include content related to the discipline of public employees.
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To be specific, according to the provisions of Clause 7 Article 2 of the Draft Amendment, Supplement to Clauses 2 and 3 of Article 56 of the Public Employees Law 20210, public employees who are disciplined from reprimand to dismissal will not be planned, trained, fostered, or appointed to a higher position within 12 months from the date the disciplinary decision takes effect, meaning that they can still be considered for reappointment or appointment to a lower position. (current regulations do not mention not appointing to higher positions).
At the same time, according to this Draft, public employees who are in the period of disciplinary process, being investigated, prosecuted, or tried, will not be appointed, seconded, trained, fostered, or allowed to resign. This means that retirement policies will still be resolved for public employees who are in the period of disciplinary process. (under current regulations, retirement policies are not resolved for these subjects).
Nguyen Trinh
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