After 01 year of being disciplined with dismissal, civil servants are eligible to apply for recruitment

Public employee may register for re-recruitment one year after being disciplined and dismissed (Illustrative image)

To be specific: according to Article 40 of Decree 112/2020/ND-CP, the regulations related to decisions on disciplining public employees are as follows:

1. Public employees disciplined with dismissal

- Public employees disciplined with dismissal are not entitled to severance policies but the social insurance agency shall acknowledge the working time for which social insurance has been paid to provide social insurance benefits as prescribed by law.- The public service unit with authority over the public employee is responsible for keeping the records of the dismissed public employee and providing copies of personal records and work process evaluations (with confirmation) when the disciplined public employee requests.- After 12 months from the date the disciplinary dismissal decision takes effect, the disciplined public employee may register for re-recruitment into state agencies, organizations, or units. In case of dismissal due to corruption, embezzlement, or violations of public service ethics, the disciplined public employee is not allowed to register for re-recruitment for positions related to the duties previously held.

2. In case the decision on disciplining public employees has been concluded to be wrongful by a competent authority or court, within no more than 10 working days from the date of the conclusion by a competent authority or from the date the court's decision takes effect, the head of the public service provider managing the public employee must publicly announce the decision at the unit where the public employee works. In cases where disciplinary decisions have been issued according to the conclusion of an appellate judgment and there is no conclusion of wrongful decision by a competent authority but later the penalty changes based on a new judgment under the laws of litigation, the authority responsible for disciplining must reconsider and decide.

3. Public employees disciplined by demotion or dismissal, subsequently concluded by a competent authority or court to have been wrongfully disciplined, shall be appointed to a suitable position or management duty, if the previous position has been filled by another individual.

4. In cases where the authority responsible for resolving complaints and denunciations concludes that the disciplinary actions taken against the public employee do not conform to the applicable disciplinary measures, procedures, and competencies, the authority that signed the disciplinary decision must issue a decision to annul the disciplinary decision; at the same time, the competent public service provider must undertake a disciplinary review of the public employee compliant with this Decree.

Details can be found at Decree 112/2020/ND-CP effective from September 20, 2020.

Ty Na

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