How Are Salaries Handled for Officials under Temporary Detention or Custody?

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According to the provisions of Decree 27/2012/ND-CP, during the detention period for investigation, prosecution, trial, or temporary suspension from work for disciplinary review, the public employee is entitled to 50% of the current salary, along with position allowance, seniority allowance beyond the frame, and professional seniority allowance.

In cases where the public employee is not disciplined or concluded to be wrongfully accused, the remaining 50% of the current salary along with the position allowance, seniority allowance beyond the frame, and professional seniority allowance during the period of temporary suspension or detention must be retroactively paid.

In the event the public employee is disciplined or convicted by the court, the remaining 50% of the current salary, along with the position allowance, seniority allowance beyond the frame, and professional seniority allowance during the period of temporary suspension or detention, will not be retroactively paid.

Additionally, this Decree also stipulates that if a public employee is undergoing the procedure for pension entitlement and is found to have committed a legal violation during their duty, the public service provider shall halt the pension procedure until a disciplinary decision or a conclusion from the competent disciplinary authority confirms that the public employee did not violate the law.

If the Disciplinary Council has made a written recommendation for disciplinary action but has not yet issued a disciplinary decision and further details related to the disciplinary violation are discovered, or it is found that the public employee under review for disciplinary action has committed other legal violations, the Disciplinary Council shall reconsider and re-recommend the form of discipline.

Nguyen Trinh

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