Decree 112/2020/ND-CP: Procedures for taking disciplinary actions against Vietnamese public employees

Decree 112/2020/ND-CP: Procedures for taking disciplinary actions against Vietnamese public employees (Illustration)

According to the provisions of Article 32 of Decree 112/2020/ND-CP, the procedures for taking disciplinary actions against Vietnamese public employees are carried out through the following steps:

1. Organize a review meeting;

2. Establish a Disciplinary Council;

3. The competent authority issues a disciplinary decision.

Note: For cases where officials and public employees are under prosecution, detention, or awaiting the conclusion of competent investigating, prosecuting, or adjudicating authorities regarding their law violations, a review meeting is not held. In cases where public employees are convicted by the court and sentenced to imprisonment without a suspended sentence or convicted of corruption, a review meeting and the establishment of a Disciplinary Council are not organized.

Additionally, the power to take disciplinary actions against Vietnamese public employees is regulated as follows:

- For managerial public employees, the head of the agency, organization, or unit that has the power to appoint shall take disciplinary actions and decide on disciplinary measures. For public employees holding elected positions, the competent authority that approved or recognized the election results shall take disciplinary actions and decide on disciplinary measures.

- For public employees not holding managerial positions, the head of the public service provider managing the public employee shall take disciplinary actions and decide on disciplinary measures.

- For seconded public employees, the head of the receiving agency, organization, or unit reviews and suggests disciplinary measures. The disciplinary dossier must be submitted to the old public service provider for a disciplinary decision according to authority.

- In cases where a public employee commits violations while working at the previous agency, organization, or unit, and these violations are discovered when the official has moved to a new agency and is still within the statute of limitations for disciplinary action, the former agency where the public employee worked shall take the disciplinary action. The disciplinary dossier and decision must be submitted to the current managing agency, organization, or unit.

- In cases where the former public service provider has been dissolved, partly or wholly divided, merged, or amalgamated, those responsible must hand over the dossier to the current public service provider managing the public employee for discipline.

- For public employees working in the People's Courts and People's Procuracies, the power to take disciplinary actions shall comply with the regulations of the competent authority managing the public employee.

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

Ty Na

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