From January 01, 2020, extending the statute of limitations for disciplining of public employees

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To be specific, according to Clause 6, Article 2 Draft amending and supplementing Article 53 of the Law on Public Employees 2010, from January 1, 2020, the statute of limitations for disciplinary action against public employees will be extended to 60 months from the time of violation, instead of 24 months as currently stipulated.

Notably, for public employees who commit the following particularly serious violations, the statute of limitations for disciplinary action will not apply:

“a) Public employees who are party members and commit violations warranting expulsion;b) Violations related to internal political protection;c) Acts that harm national interests in defense, security, and foreign affairs;d) Using fake or illegal diplomas, certificates, certifications, or confirmations.”

Note: The statute of limitations for disciplinary action is the period after which a public employee's violation will not be considered for disciplinary action.

Additionally, according to this Draft, from January 1, 2020, public employees who are disciplined with reprimands to dismissals will not be planned, trained, developed, or appointed to higher positions within 12 months from the date the disciplinary decision takes effect (the current regulation does not mention higher positions); and public employees under disciplinary review, investigation, prosecution, or trial will not be appointed, seconded, trained, developed, or resigned, but they will be allowed to retire. (Under current regulations, these individuals will not be allowed to retire).

Nguyen Trinh

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