10 Principles of Disciplinary Handling in National Defense

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According to Circular 16/2020/TT-BQP, the 10 principles for disciplinary handling in National Defense are specified as follows:

- All disciplinary violations must be promptly detected, prevented, and strictly handled; the consequences caused by disciplinary violations must be remedied in accordance with the law.- Disciplinary violations must be handled swiftly, accurately, publicly, objectively, with proper authority, ensuring fairness and in conformity with the law.- The handling of disciplinary violations must be based on the nature, extent, and consequences of the violations, the violators, and any mitigating or aggravating circumstances.- Any acts infringing upon the body, honor, or dignity of military personnel, officials, workers, and public employees in national defense during the disciplinary process are strictly prohibited; other disciplinary forms shall not replace the legally prescribed disciplinary measures.- Disciplinary measures such as stripping the military title and dismissing female military personnel, officials, workers, and public employees in national defense who are pregnant, on maternity leave, or nursing children under 12 months old shall not be applied.- The disciplinary measure of demoting the military rank shall not be applied to military personnel holding the rank of second lieutenant; the salary grade reduction measure shall not be applied to officials, workers, and public employees in national defense receiving a Grade 1 salary.- When handling disciplinary issues, besides the prescribed disciplinary measures for the violations, if the violations cause material damage, the violator shall also be liable for compensation. Assets, money, and materials obtained through the violation must be dealt with in accordance with the law.- Commanders, commissars, political officers (hereinafter collectively referred to as commanders) at all levels shall be responsible for the disciplinary and legal violations by military personnel under their command; depending on the nature, extent, and consequences of the incident and the level of the commander's responsibility, the disciplinary measures shall be determined according to this Circular.- If a disciplinary violation exhibits criminal traits, the unit shall not reduce the managed personnel but instead transfer the violation records to the Military Investigation Agency for legal handling. If sentenced by a court to non-custodial reform or probation, policies and resolutions shall only be handled after the enforcement decision by the court.- Each disciplinary violation shall be handled with one disciplinary measure; if multiple different violations are committed simultaneously, the severity and disciplinary measure for each violation must be reviewed and concluded, but only one disciplinary measure shall apply to all violations, not exceeding the severest disciplinary measure for any single violation.

In cases of multiple disciplinary measures (salary grade reduction, demotion of military rank along with dismissal or demotion), the competent authority shall decide.

Details can be viewed at Circular 16/2020/TT-BQP, effective from April 08, 2020.

-- Le Hai --

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