This is the notable content in Decree 112/2020/ND-CP on the disciplinary actions against Vietnamese officials and public employees issued by the Government of Vietnam on September 18, 2020.
The time limit for taking disciplinary actions against Vietnamese officials and public employees shall not exceed 90 days (Illustration image)
Under Decree 112/2020/ND-CP, the statute of limitations and the time limit for taking disciplinary actions against Vietnamese officials and public employees, and 03 periods excluded from the time limit for disciplinary action are as follows:
1. The statute of limitations and time limit for taking disciplinary actions against Vietnamese officials are calculated from the time of the violation. Except for violations that do not apply the statute of limitations and the time limit for taking disciplinary actions, the statute of limitations for disciplinary action is as follows:
- 02 years for minor violations subject to reprimand;
- 05 years for violations not specified above.
- The time limit for disciplinary action shall not exceed 90 days;
2. The statute of limitations and time limit for taking disciplinary actions against Vietnamese public employees are stipulated as follows:
- 02 years for minor violations subject to reprimand;
- 05 years for violations not specified above.
- The time limit for disciplinary action shall not exceed 90 days;
3. In cases where the incident involves multiple individuals, assessment of material evidence and equipment is required, or other complex circumstances require further clarification, the competent authority may issue a decision to extend the time limit for disciplinary action, but not exceeding 150 days.
4. The following periods are not included in the time limit for disciplinary action:
- The period during which disciplinary actions are not considered for the cases specified in Article 3 of this Decree;
- The period of investigation, prosecution, and trial under criminal procedures (if any);
- The period of complaint or administrative lawsuit proceedings in court regarding the disciplinary decision until a replacement disciplinary decision is issued by the competent authority.
Details can be found in Decree 112/2020/ND-CP effective from September 20, 2020.
Ty Na
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