Mitigating factors in disciplinary penalties in the military in Vietnam as of February 15, 2024

Mitigating factors in disciplinary penalties in the military in Vietnam as of February 15, 2024 (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Mitigating factors in disciplinary penalties in the military in Vietnam as of February 15, 2024

Based on Clause 1 Article 5 of Circular 143/2023/TT-BQP on mitigating factors:

- The disciplinary offender has taken actions to prevent or reduce the consequences of the violation or voluntarily remedy the damages caused.

- The disciplinary offender voluntarily confesses, sincerely apologizes, and actively assists the competent authorities in detecting and handling the disciplinary violation.

- The disciplinary violation occurred under coercion, material or mental dependency, or in particularly difficult circumstances.

- The disciplinary offender has achieved significant accomplishments in education, work, production, and combat.

2. Aggravating factors in disciplinary penalties in the military as of February 15, 2024

According to Clause 2 Article 5 of Circular 143/2023/TT-BQP on aggravating factors, the following are considered:

- Repeated or recidivist disciplinary violations.

- Coercing subordinates into committing disciplinary violations, either materially or mentally.

- Exploiting positions and powers to commit disciplinary violations.

- Continuously committing disciplinary violations despite being requested by authorities to stop.

- Engaging in evasion or concealment after committing disciplinary violations.

Note: The above-mentioned factors are considered disciplinary violations and should not be considered aggravating factors.

3. Cases not subject to disciplinary penalties in the military in Vietnam

According to Clause 1 of Article 6 of Circular 143/2023/TT-BQP, the following cases are not subject to a disciplinary penalty:

- During the prescribed leave periods (except for retirement preparation leave).

- During the period of treatment confirmed by military medical facilities at battalion level and above, or hospitals and medical centers at district level and above.

- Pregnant women during maternity leave and men (in cases of the death of the wife or other objective and unavoidable reasons) who are taking care of children under 12 months old, except when the person has committed disciplinary violations and there is a written request for a disciplinary penalty.

- During the waiting period for final resolution from the competent authorities investigating, prosecuting, or adjudicating the disciplinary violations.

4. Cases exempt from disciplinary liability in Vietnam

Cases exempt from disciplinary liability include:

- Confirmation by the competent authorities of the loss of civil capacity when violating State laws or military discipline.

- Violations of State laws or military discipline in cases of justifiable defense, urgent circumstances, or force majeure.

- Violations resulting from the execution of orders from superiors or assignments from authorities as prescribed by law and the Ministry of National Defense.

(Clause 2 of Article 6 of Circular 143/2023/TT-BQP)

5. What are the procedures for appealing disciplinary decisions in Vietnam?

According to Article 8 of Circular 143/2023/TT-BQP, the following procedures apply for appealing disciplinary decisions:

- If the disciplinary offender disagrees with the disciplinary decision, they have the right to appeal to the competent authority according to the provisions of the law and the Ministry of National Defense.

Until a decision is made by the competent authority, the disciplinary offender must strictly comply with the current decision.

- When receiving an appeal from the disciplinary offender, the authorities must be responsible for reviewing and providing a response within the specified deadline, according to the provisions of the law and the Ministry of National Defense.

Nguyen Ngoc Que Anh

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