Starting on September 20, the principle of "Transparency and Publicity" has been added to the principles for disciplining officials and public employees in Vietnam

Starting on September 20, the principle of "Transparency and Publicity" has been added to the principles for disciplining officials and public employees in Vietnam (Internet image) 

In addition to the existing principles for disciplining officials and public employees, Decree 112/2020/ND-CP has added several new principles. To be specific: 

1. Objectivity, fairness; transparency and publicity; strictness, compliance with the law. (Added the principle of "Transparency and Publicity")

2. Each violation is only subject to one form of disciplinary action. In the case where an official, civil servant, or public employee has committed two or more violations at the same time, they will be disciplined for each violation separately and the disciplinary action will be more severe than the most severe form of disciplinary action applied to the most serious violation, except in cases where they are dismissed or forced to resign; the violations of the official, civil servant, or public employee should not be separated into multiple instances for different forms of disciplinary action. (Added the principle of not separating the violations into multiple instances for different forms of disciplinary action)

3. In the case where an official or public employee commits a violation during the period of enforcing a disciplinary decision, the following disciplinary actions will be applied:

- If the violation is less severe or equal to the form of disciplinary action being enforced, a more severe form of disciplinary action will be applied.

- If the violation is more severe than the form of disciplinary action being enforced, a more severe form of disciplinary action than the one applied to the new violation will be enforced.

4. When considering disciplinary actions, it is necessary to consider the content, nature, severity, consequences, causes of the violation, aggravating or mitigating factors, the attitude towards learning and improvement, the efforts to rectify the shortcomings and violations, and the consequences caused.

5. Administrative penalties or party disciplinary actions should not be used as substitutes for administrative disciplinary actions; administrative disciplinary actions should not replace criminal liability if the violation reaches the level of criminal prosecution.

6. In the case where an official, civil servant, or public employee has been subject to party disciplinary actions, the administrative disciplinary actions must be commensurate with the severity of the party disciplinary actions. Within 30 days from the date of announcing the party disciplinary decision, the agency, organization, or unit must consider and decide on the administrative disciplinary action. (newly added)

7. Prohibition of any acts that infringe upon the physical, mental, dignity, and human integrity during the process of handling disciplinary actions.

8. If an official or public employee commits a violation for the first time and has already been disciplined, if within 24 months from the effective date of the disciplinary decision they commit the same violation again, it will be considered a repeated offense; if the violation occurs after the 24-month period, it will be considered the first offense but will be taken into account as an aggravating factor when considering disciplinary actions. (Newly added)
 
More details can be found in Decree 112/2020/ND-CP, effective from September 20, 2020.

Tyna

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