Vietnam: Public servants can be suspended from increase salary up to 12 months or more in many cases

Vietnam: Public servants may be suspend from increase salary up to 12 months or more in many cases (Artwork).

Specifically, at Point a, Clause 3, Article 2 of Vietnam's Circular 08/2013/TT-BNV stipulates as follows:

During the period of keeping the current salary level, cadres, civil servants, public employees, and employees shall be suspended for a period from regular salary increases compared to the prescribed time up to 12 months (one year) for the following cases

• Disciplinary officers have been fired. 

• Civil servants demoted or removed from office due to disciplinary reasons;

• Officials and employees are disciplined and dismissed.

In addition, Circular 08/2013/TT-BNV also stipulates that the time to be considered for regular promotion is extended for other cases as follows:

(1) Suspend 06 months for the following cases:

• Cadres and civil servants are disciplined, reprimanded, or warned.

• Officials and employees are disciplined and warned.

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  Cadres, civil servants, public employees and employees who fail to fulfill their assigned annual tasks; If there are 02 consecutive years of failure to complete the assigned tasks during the period of holding the rank, each year of failure to complete the assigned tasks will be extended for 6 (six) months.

(2) Suspend three months for officials and employees who have been disciplined or reprimanded.

(3) In the case of not completing the assigned tasks and being disciplined, the suspension period of the regular salary increase is the sum of the above-mentioned prolonged periods.

One thing to keep in mind is that if the party disciplined cadres, civil servants, public employees, and employees who are party members, the provisions of Vietnam's Regulation 102-QD/TW on disciplining party members who violate The extension of the regular salary increase period is based on the form of disciplinary action decided by the agency managing cadres, civil servants, public employees, and employees in accordance with the law. In addition, Vietnam's Circular 08/2013/TT-BNV also states that it is not possible to extend the time for consideration of salary increase for disciplinary forms due to injustice or wrongdoing (according to point b, Clause 4, Article 2).

Thus, cadres, civil servants, and public employees may have their regular salary increase calculation period extended up to 12 months if they are disciplined (demotion or dismissal), or may be longer (which is the sum of the prescribed length of time) if they fail to complete the assigned task and are disciplined.

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