Violation of officials that resulted in salary degrading as of September 20, 2020 in Vietnam

Violation of officials that resulted in salary degrading as of September 20, 2020 in Vietnam (Internet image)

Specifically, according to the provisions of Article 10 of Decree 112/2020/ND-CP, officials in Vietnam who do not hold leadership or managerial positions will be subjected to a disciplinary measure of salary degrade if they commit the following

Firstly, if they commit a first-time offense that causes very serious consequences, falling under one of the cases that are disciplined by reprimand.

Based on Article 2 of Article 6 of Decree 112/2020/ND-CP, violating with very serious consequences means the violation has a significant, severe, and widespread impact on society, causing public outrage among officials, public employees, and the people, thereby damaging the credibility of the agency, organization, and unit. Therefore, officials who do not hold leadership or managerial positions will be subjected to a disciplinary measure of salary degrade if they commit a first-time offense that causes very serious consequences in the following cases:

• Displaying a disrespectful attitude, abusing power, or causing difficulties and inconvenience to agencies, organizations, units, or individuals in the performance of official duties;

• Confirming or issuing legal documents to individuals who do not meet the requirements;

• Failing to perform assigned tasks without valid reasons;

• Causing disunity within the agency, organization, or unit;

• Abusing their position for personal gain;

• Failing to comply with decisions on reassignment or assignment of duties by competent authorities;

• Violating regulations on ethics, communication culture of officials;

• Violating the regulations on the execution of duties and responsibilities of officials, labor discipline;

• Violating internal regulations and rules of agencies, organizations, and units;

• Violating regulations on state secrets protection;

• Violating regulations on complaints and denunciations;

• Violating regulations on democratic centralism, regulations on propaganda, speech, and internal political protection;

• Violating regulations on: investment, construction; land, natural resources, environment; finance, accounting, banking; management, use of state assets in the process of executing duties;

• Violating regulations on: crime prevention; social evil prevention; social order and safety; anti-corruption; practicing thrift; anti-waste.

Secondly, officials who do not hold leadership or managerial positions and have been disciplined with a warning for reoffending will be subjected to a disciplinary measure of salary degrading.

According to the provisions of Article 1 of Article 10 of Decree 112/2020/ND-CP, officials who do not hold leadership or managerial positions and have been disciplined with a warning for reoffending will be subjected to a disciplinary measure of salary degrading if they commit the following:

• Reoffending after being disciplined with a warning;

• Committing a first-time offense that causes serious consequences falling under one of the cases disciplined by reprimand mentioned above;

• Committing a first-time offense that causes minor consequences falling under one of the cases where officials who hold leadership or managerial positions fail to fulfill their assigned duties and responsibilities according to the delegation;

• Committing a first-time offense that causes minor consequences falling under one of the cases where the head of an agency, organization, or unit allows serious violations of the law to occur within their scope of responsibility without taking preventive measures.

Therefore, Decree 112/2020/ND-CP (which will take effect on September 20, 2020) does not specifically list cases like Decree 34/2011/ND-CP (which will expire on September 20, 2020), but relies on the disciplinary measures that have been applied previously and the severity of the violations to apply the disciplinary measure of salary degrade. Previously, the disciplinary measure of salary degrading applied to officials (including those in leadership or managerial positions) who committed one of the following offenses:

• Failing to perform assigned professional tasks without valid reasons, affecting the overall work of the agency, organization, or unit;

• Abusing their position, intentionally violating the law for personal gain;

• Committing serious violations regarding corruption prevention, thrift, labor discipline, gender equality, prevention of prostitution, and other relevant laws regarding officials.

Therefore, from the above regulations, Decree 112/2020/ND-CP provides more cases of violations for applying disciplinary measures to officials and relies on the disciplinary measures that have been applied previously and the severity of the violations, ranging from less severe to more severe, to apply the disciplinary measure of salary degrade.

Ty Na

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