Vietnamese officials and public employees beating thier wives may be dismissed

Vietnamese officials and public employees beating thier wives may be dismissed (Illustrative photo)

For Vietnamese officials

In Articles 8 to 12 Decree 112/2020/ND-CP of the Government of Vietnam, various disciplinary measures against Vietnamese officials violating the laws regarding prevention and combat of domestic violence; population, marriage, and family; gender equality; social security; etc., are specifically regulated as follows:

- First-time violation: Apply the disciplinary action of reprimand;

- First-time violation causing serious consequences: Apply the disciplinary action of warning;

- Causing very serious consequences: Apply a salary-step demotion for officials not holding leading and managerial positions; demotion for officials holding leading and managerial positions;

- First-time violation causing particularly serious consequences but not to the extent of dismissal, with the violator showing a receptive attitude, correction, proactive remedy of consequences, and multiple mitigating circumstances: Apply the disciplinary action of demotion;

- First-time violation causing particularly serious consequences: Apply the disciplinary action of dismissal.

Thus, from September 20, 2020, Vietnamese officials who beat their wives and violate laws on the prevention and combat of domestic violence, population, marriage, and family causing particularly serious consequences may face the most severe disciplinary action, which is dismissal.

Before September 20, 2020, according to Clause 5, Article 14 of Decree 34/2011/ND-CP on the disciplinary measures against Vietnamese officials (which expired from September 20, 2020), dismissal was applied to officials in cases of particularly serious violations of laws on anti-corruption; thrift and waste prevention; labor discipline; prevention and combat of prostitution and other laws related to officials. It did not recognize violations of laws on the prevention and combat of domestic violence; population, marriage, and family as leading to dismissal for officials.

For Vietnamese public employees

In Articles 16 to 19 of Decree 112/2020/ND-CP, specific disciplinary measures are regulated for violations of laws regarding the prevention and combat of domestic violence; population, marriage, and family; gender equality; social security; etc., as follows:

- First-time violation causing less serious consequences: Apply the disciplinary action of reprimand;

- After having been disciplined with a reprimand for the same violation, or first-time violation causing serious consequences: Apply the disciplinary action of warning;

- After having been disciplined with a warning for the same violation, or first-time violation causing very serious consequences: Apply the disciplinary action of demotion;

- After having been disciplined with demotion for managing public employees or a warning for non-managing public employees, or first-time violation causing particularly serious consequences: Apply the disciplinary action of dismissal.

Therefore, from September 20, 2020, Vietnamese public employees who beat their wives and violate laws on the prevention and combat of domestic violence, population, marriage, and family causing particularly serious consequences may face the highest disciplinary action, which is dismissal.

Before September 20, 2020, in Clause 6, Article 13 of Decree 27/2012/ND-CP regulating the disciplinary measures for public employees and responsibilities for compensation and repayment of public employees (the content on disciplinary measures expired from September 20, 2020), the dismissal was applied to public employees for particularly serious violations of laws on anti-corruption, though not to the extent of criminal prosecution; thrift and waste prevention laws; labor discipline; prevention and combat of social evils and other laws related to public employees. It did not recognize violations of laws on the prevention and combat of domestic violence; population, marriage, and family as leading to dismissal for public employees.

This is a completely new regulation applied from September 20, 2020, under which disciplinary measures will be applied to officials and public employees who violate laws regarding the prevention and combat of domestic violence; population, marriage, and family. Particularly, the most severe measure of dismissal may be applied. This regulation not only helps to protect the rights and interests of women, aiding in the management of domestic violence prevention but also enhances the ethical quality of officials and public employees.

Note: fficials and public employees disciplined with dismissal are not entitled to severance policies but will have their working time confirmed by the Social Insurance Agency for social insurance benefits following the law. Additionally, after 12 months from the effective date of the dismissal decision, officials and public employees dismissed for disciplinary reasons are eligible to apply for recruitment into state agencies, organizations, and units.

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