Four Cases Where the Statute of Limitations on Disciplinary Measures Does Not Apply to Officials

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The statute of limitations for disciplinary action is the period after which officials who commit violations are not subject to disciplinary action. The statute of limitations for disciplinary action is calculated from the time the violation occurs. According to the provisions of the Law on Officials 2008, the statute of limitations for disciplinary action is 24 months, from the time the official commits the violation until the time the head of the competent agency, organization, or unit issues a written notice of disciplinary review.

However, the Amended Law on Officials and Public Employees 2019 stipulates that except in cases where the statute of limitations for disciplinary action is not applied, the statute of limitations for disciplinary action is extended compared to the current regulations. Specifically:

- 02 years for less serious violations that warrant disciplinary action by reprimand;- 05 years for the remaining violations.

Notably, the Amended Law on Officials and Public Employees 2019 also adds 04 types of violations for which the statute of limitations for disciplinary action does not apply to officials:

a) Officials who are party members committing acts that require expulsion;

b) Violations of regulations on internal political protection;

c) Acts harming national interests in the fields of defense, security, and foreign affairs;

d) Using fake or illegal diplomas, certificates, documents, or validations.

Thus, it is clear that the Law increasingly tightens the regulation of the statute of limitations for disciplinary action against officials who commit violations. Besides these notable points, the new Law also stipulates extending the duration for disciplinary action against officials: The period for disciplinary action is not more than 90 days (instead of not more than 02 months currently); in cases where the incident involves complex details requiring investigation, inspection, or further clarification, the period for disciplinary action can be extended to no more than 150 days (instead of a maximum of 04 months currently).

In cases where an individual has been prosecuted, indicted, or has received a decision to go to trial under criminal procedure, but later the investigation or the case is suspended, if the violation shows signs of disciplinary infraction, they will be subject to disciplinary action; within 03 days from the date of issuing the decision to suspend the investigation or the case, the decision-maker must send the decision and case file to the competent agency, organization, or unit for disciplinary action.

View the full text of the regulation at Amended Law on Officials and Public Employees 2019 effective from July 1, 2020.

Thu Ba

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