Statute of Limitations for Disciplinary Actions Against Officials is a Maximum of 05 Years

The maximum statute of limitations for disciplining officials is 05 years (Illustration photo)

On September 20, 2020, Decree 112/2020/ND-CP of the Government of Vietnam on disciplining officials and public employees officially took effect. The statute of limitations and the time limit for disciplining officials have undergone changes.

According to the provisions of Clause 1 Article 5 of Decree 112/2020/ND-CP, the statute of limitations and time limit for disciplining officials are implemented according to Article 80 of the Law on Cadres and Civil Servants 2008 as amended and supplemented in Clause 16 Article 1 of the Law on Cadres and Civil Servants and the Law on Public Employees (Revised) 2019. Specifically, as follows:

1. Statute of Limitations for Disciplining Officials

- The statute of limitations for disciplinary action is the period after which officials who have committed a violation will not be disciplined. The statute of limitations for disciplinary action is calculated from the time the violation occurs.

- Statute of limitations for disciplining officials:

- 02 years for violations that are not serious enough to warrant disciplinary action in the form of a reprimand;- 05 years for violations not falling under the aforementioned category.

Note: The following violations will not be subject to the above statute of limitations for disciplinary action:

- Officials who are party members and commit violations warranting expulsion from the party;- Violations regarding the protection of internal politics;- Violations that harm national interests in the areas of national defense, security, and foreign affairs;- Using fake or illegal diplomas, certificates, certifications, or confirmations.

Comparison with previous regulations:

Prior to the effective date of Decree 112/2020/ND-CP, Decree 34/2011/ND-CP stipulated the statute of limitations for disciplining officials as 24 months, calculated from the time an official commits a legal violation until the head of the authority, organization, or unit issues a written notice to consider disciplinary action.

Therefore, Decree 112/2020/ND-CP has added a maximum statute of limitations of 05 years for violations by officials that are not serious enough to warrant disciplinary action in the form of a reprimand.

2. Time Limit for Disciplining Officials

Pursuant to Clause 3 Article 80 of the Law on Cadres and Civil Servants 2008 as amended and supplemented in Clause 16 Article 1 of the Law on Cadres, Civil Servants, and the Law on Public Employees (Revised) 2019, the time limit for disciplining officials is the period from the time of detecting the disciplinary violation by the official to the time when the competent authority, organization, or unit issues a disciplinary decision.

Specifically, the time limit for disciplining officials is no more than 90 days.

However, in cases where the matter involves complex details that require additional time for inspection and verification, the time limit for disciplinary action can be extended but not exceed 150 days.

Note: The following periods will not be included in the time limit for disciplining officials:

- The time when disciplinary action is not considered for cases specified in Article 3 of Decree 112/2020/ND-CP;- The period of investigation, prosecution, or court proceedings according to criminal procedural law (if any);- The time taken for complaints or filing administrative lawsuits in court regarding the disciplinary decision until a replacement decision is issued by the competent authority.

Comparison with previous regulations:

According to Article 7 of Decree 34/2011/ND-CP, the time limit for disciplinary action is a maximum of 02 months, from the day an official's legal violation is discovered until the competent authority, organization, or unit issues the disciplinary decision.

In matters involving complex details requiring additional time for inspection and verification, the maximum time limit for disciplinary action can be extended but not exceed 04 months.

Thus, both the statute of limitations and the time limit for disciplining officials under Decree 112/2020/ND-CP have been increased compared to the previous regulations in Decree 34/2011/ND-CP, aligning with the Law on Cadres and Civil Servants and the Law on Public Employees (Revised) 2019.

Depending on the nature and severity of the violation, the statute of limitations for disciplinary action can be 02 years or a maximum of 05 years. If this time limit expires, officials who commit violations will not be disciplined. The time limit for disciplining officials is no more than 90 days for ordinary cases or a maximum of 150 days for cases with complex details.

Thuy Tram

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