Application of disciplinary measures of reprimands to civil servants in Vietnam

Application of disciplinary measures of reprimands to civil servants in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Application of disciplinary measures of reprimands to civil servants in Vietnam

According to Article 8 of Decree 112/2020/ND-CP (amended in Decree 71/2023/ND-CP), the disciplinary form of reprimand is applied to civil servants with first-time violations. causing less serious consequences, except for violations specified in Clause 3, Article 9 of Decree 112/2020/ND-CP, in one of the following cases:

- Violation of regulations on ethics and communication culture of officials and civil servants; Law provisions on the performance of responsibilities and duties of officials and civil servants; labor discipline; internal rules and regulations of agencies, organizations, and units;

- Taking advantage of your position for personal gain; having a bossy or authoritative attitude or causing difficulties or troubles for agencies, organizations, units, or individuals in the performance of public duties; confirming or issuing legal documents to ineligible persons;

- Avoiding, pushing, not performing, or performing incorrectly or incompletely the responsibilities and tasks according to the provisions of law, internal rules, and regulations of agencies and organizations; the unit or task is assigned by a competent authority without a valid reason; Failure to comply with decisions on mobilization and work assignment by competent authorities; causing disunity in agencies, organizations, and units;

- Violation of legal regulations on: crime prevention and combat; prevention of social evils; safety and order of society; anti-corruption; practice thrift and combat waste;

- Violation of legal regulations on the protection of state secrets;

- Violation of legal regulations on complaints and denunciations;

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

- Violation of legal regulations on: investment and construction; land; environmental resources; finance, accounting, and banking; management and use of public assets during the performance of public duties;

- Violation of legal regulations on: prevention and control of domestic violence; population, marriage, and family; gender equality; Social Security; other regulations of the party; and the law related to cadres and civil servants.

Thus, civil servants who commit violations for the first time, causing less serious consequences according to the above regulations, will be subject to disciplinary action and reprimand.

2. Authority to discipline civil servants in Vietnam

According to Article 24 of Decree 112/2020/ND-CP (amended in Decree 71/2023/ND-CP), the authority to discipline civil servants is stipulated as follows:

- For civil servants holding leadership or management positions, heads of agencies, organizations, or units with appointment authority or assigned appointment authority, disciplinary action shall be taken and decided.

- For civil servants who do not hold leadership or management positions, the head of the management agency or the head of the agency delegated authority to manage civil servants shall conduct disciplinary action and decide on the form of discipline, except for the case specified in Clause 6, Article 28 of Decree 112/2020/ND-CP (amended in Decree 71/2023/ND-CP).

For commune-level civil servants, the Chairman of the District People's Committee conducts disciplinary proceedings and decides on the form of discipline. The Chairman of the Commune-level People's Committee reports to the Chairman of the District-level People's Committee before chairing a review meeting according to the provisions of Point d, Clause 2, Article 26 of Decree 112/2020/ND-CP.

- For seconded civil servants, the head of the agency where the civil servant is seconded shall conduct disciplinary action and agree on the disciplinary form with the seconding agency before deciding on the disciplinary form. In the event of discipline in the form of dismissal, based on the recommendation of the Disciplinary Council, the dispatching agency shall issue a decision on dismissal.

Records and disciplinary decisions on seconded civil servants must be sent to the agency managing seconded civil servants.

- For civil servants working in the People's Courts and People's Procuracy, the authority to discipline is carried out according to the regulations of the agency competent to manage civil servants.

3. Order and procedures for disciplinary action against civil servants in Vietnam

- Disciplinary action against civil servants is carried out according to the following steps:

(i) Organize review meetings;

(ii) Establishment of a Disciplinary Council;

(iii) The competent authority issues a disciplinary decision.

- Not complying with the provisions in point (i) in the following cases:

+ Disciplinary action according to the provisions of Clause 10, Article 2 of Decree 112/2020/ND-CP;

+ Disciplinary action according to the decision of the competent authority specified in Clause 4, Article 3 of Decree 112/2020/ND-CP, or a review has been organized according to the provisions of the law, and the individual has accepted responsibility for his or her violation.

- Not complying with the provisions in points (i) and (ii) in the following cases:

+ There has been a conclusion from a competent agency or organization about the violation, including specific proposals for disciplinary action according to regulations;

+ A civil servant who violates the law is sentenced by the Court to imprisonment without a suspended sentence or is convicted by the Court of corruption;

+ There has been a decision to discipline the party, except in cases where the competent authority decides to establish a Disciplinary Council as prescribed in Clause 6, Article 2 of Decree 112/2020/ND-CP;

In the cases specified above, conclusions about violations (if any) can be used without re-investigation or verification.

(Article 25 of Decree 112/2020/ND-CP (amended in Decree 71/2023/ND-CP))

Nguyen Ngoc Que Anh

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