Mitigating and Aggravating Factors for Disciplinary Sanctions in the Ministry of National Defense of Vietnam

12:24, 11/07/2024

Circular 192/2016/TT-BQP stipulates the application of certain disciplinary forms, process, procedures, time limits, statute of limitations, and authority for handling disciplinary actions within the Ministry of National Defense of Vietnam. Notably, mitigating and aggravating circumstances are used to apply disciplinary sanctions to military personnel, defense workers, and national defense public employees as follows:

Mitigating Circumstances

- The individual violating the discipline has taken actions to prevent or mitigate the consequences of the violation or has voluntarily remedied the consequences, compensated for damages;

- The individual violating the discipline has voluntarily reported, shown genuine remorse, and actively helped competent authorities detect and handle the disciplinary violation;

- The disciplinary violation occurred due to coercion or material or spiritual dependence, or due to special difficult circumstances.

Aggravating Circumstances

- Repeatedly violating discipline or recidivism;

- Coercing someone materially or spiritually dependent on oneself to commit the disciplinary violation;

- Abusing position or authority to violate discipline;

- Continuing to violate discipline despite being requested to cease such conduct by a competent authority;

- Avoiding or concealing the disciplinary violation after committing it.

In addition, Circular 192/2016/TT-BQP also stipulates cases where disciplinary measures are considered to be delayed or exempted as follows:

Cases Not Subject to Immediate Disciplinary Action:

- During annual leave, policy leave, personal leave;

- During treatment confirmed by military medical or health facilities;

- During maternity leave, while caring for a child under 12 months;

- Awaiting final resolution results from competent authorities regarding investigation, prosecution, or adjudication of legal violations.

Cases Exempted from Disciplinary Responsibility:

- Losing the capacity for civil acts at the time of violating state laws, army regulations, and army policies as confirmed by competent authorities;

- The violation of state laws, army regulations, and army policies is confirmed by competent authorities as having occurred in cases of legitimate self-defense, urgent situations, or unforeseen events;

- Complying with orders from superior commanders or tasks assigned by authorized individuals according to the regulations of the law and the Ministry of Defense.

FORMS OF DISCIPLINARY ACTION APPLIED IN THE MINISTRY OF NATIONAL DEFENSE OF VIETNAM

Subject	Disciplinary Action
1. Officers, Professional Soldiers	Reprimand; Warning; Demotion; Dismissal; Salary reduction; Demotion in military rank; Stripping of officer rank; Stripping of military title.
2. Non-commissioned Officers, Soldiers	Reprimand; Warning; Demotion; Dismissal; Demotion in military rank; Stripping of military title.
3. Defense Workers and Public Employees	Reprimand; Warning; Salary reduction; Forced resignation.

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