Vietnam: Compilation of violations of education public employees that will result in disciplinary action

02:59, 10/07/2024

Under what circumstances will education public employees be disciplined? What disciplinary measures are applied to education public employees who violate regulations? Thu Ky Luat LawNet would like to provide a detailed explanation in the article below.

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According to the regulations in Decree 27/2012/ND-CP of Vietnam's Government, depending on the severity of the violation, a public employee shall be subjected to one of the following disciplinary forms:

- For public employees not holding managerial positions: Reprimand; Warning; Dismissal.

- For managerial public employees: Reprimand; Warning; Demotion; Dismissal.

Details of the violations committed by educational public employees that warrant disciplinary action are listed in the following table:

NO.	FORM OF DISCIPLINE	VIOLATION
1	Reprimand	Violating regulations, internal rules, and working regulations of the public unit has been warned in writing by the authorized person
		Failing to comply with the procedures, professional regulations, ethics, and codes of conduct while performing professional activities, has been warned in writing by the authorized person
		Failing to follow the assigned tasks by the authorized person or not performing work or duties committed in the employment contract without justifiable reasons
		Displaying hostile attitudes, abuse of power, or causing difficulties, annoyance to the people during the performance of duties or assigned tasks
		Causing disunity within the unit
		Taking unauthorized leave, with a total of 3 to under 5 working days in a month counted in the Gregorian month or 3 to under 5 consecutive working days, without justifiable reasons
		Misusing the assets of the public unit and the people contrary to legal regulations
		Violating legal regulations on anti-corruption, practicing thrift, preventing waste, labor discipline, gender equality, social evils prevention, and other related legal regulations concerning public employees
2	Warning	Failing to comply with the procedures, professional regulations, ethics, and codes of conduct while performing professional activities resulting in serious consequences
		Not following the assigned tasks by the authorized person or not performing work or duties committed in the employment contract without justifiable reasons, affecting the overall work of the unit
		Using illegal documents to participate in training, upgrading; being allowed to take exams or be considered for a change in professional title
		Taking unauthorized leave, totaling from 5 to under 7 working days in a month counted in the Gregorian month or from 5 to under 7 consecutive working days, without justifiable reasons
		Discriminating against ethnic groups, social classes, beliefs, religions in any form
		Taking advantage of professional activities to propagate against the Party's guidelines and policies, state laws, or causing harm to the cultural, spiritual, and cultural life of the people and society
		Insulting the dignity, honor, and reputation of others while performing professional activities
		Illegally using drugs reported by the police to the public unit where the official is working
		Managerial public employees not fulfilling their management responsibilities, allowing officials under their management to violate the law resulting in serious consequences while performing professional activities
		Sentenced to imprisonment for suspended or non-custodial reform for public employees who do not hold managerial positions, except as provided in Article 13, Clause 1 of Decree 27
		Committing serious violations of the law on anti-corruption, thrift, waste prevention, labor discipline, gender equality, social evils prevention, and other related legal regulations concerning public employees but have been sincerely disciplined during the disciplinary process
3	Demotion	Failing to complete management tasks, operations according to the assignment without justifiable reasons, leading to serious consequences
		Using illegal documents to be appointed to a position
		Sentenced to imprisonment for suspended or non-custodial reform
		Committing serious violations of the law on anti-corruption, thrift, waste prevention, labor discipline, gender equality, social evils prevention, and other related legal regulations concerning public employees
4	Dismissal	Sentenced to imprisonment without being granted probation or convicted by the court for corrupt behavior
		Failing to comply with procedures, professional regulations, ethics, and codes of conduct while performing professional activities resulting in particularly serious consequences
		Using illegal documents to be recruited into a public unit
		Drug addiction with confirmation from an authorized medical agency
		Taking unauthorized leave, totaling from 7 working days or more in a month, or from 20 working days or more in a year without justifiable reasons, counted in the Gregorian month; the Gregorian year
		Committing particularly serious violations of the law on anti-corruption, but not reaching the level of criminal liability; regulations of the law on thrift, waste prevention, labor discipline, gender equality, social evils prevention, and other related legal regulations concerning public employees

Nguyen Trinh

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Vietnam: Compilation of violations of education public employees that will result in disciplinary action

NO.

FORM OF DISCIPLINE

VIOLATION

1

Reprimand

Violating regulations, internal rules, and working regulations of the public unit has been warned in writing by the authorized person

Failing to comply with the procedures, professional regulations, ethics, and codes of conduct while performing professional activities, has been warned in writing by the authorized person

Failing to follow the assigned tasks by the authorized person or not performing work or duties committed in the employment contract without justifiable reasons

Displaying hostile attitudes, abuse of power, or causing difficulties, annoyance to the people during the performance of duties or assigned tasks

Causing disunity within the unit

Taking unauthorized leave, with a total of 3 to under 5 working days in a month counted in the Gregorian month or 3 to under 5 consecutive working days, without justifiable reasons

Misusing the assets of the public unit and the people contrary to legal regulations

Violating legal regulations on anti-corruption, practicing thrift, preventing waste, labor discipline, gender equality, social evils prevention, and other related legal regulations concerning public employees

2

Warning

Failing to comply with the procedures, professional regulations, ethics, and codes of conduct while performing professional activities resulting in serious consequences

Not following the assigned tasks by the authorized person or not performing work or duties committed in the employment contract without justifiable reasons, affecting the overall work of the unit

Using illegal documents to participate in training, upgrading; being allowed to take exams or be considered for a change in professional title

Taking unauthorized leave, totaling from 5 to under 7 working days in a month counted in the Gregorian month or from 5 to under 7 consecutive working days, without justifiable reasons

Discriminating against ethnic groups, social classes, beliefs, religions in any form

Taking advantage of professional activities to propagate against the Party's guidelines and policies, state laws, or causing harm to the cultural, spiritual, and cultural life of the people and society

Insulting the dignity, honor, and reputation of others while performing professional activities

Illegally using drugs reported by the police to the public unit where the official is working

Managerial public employees not fulfilling their management responsibilities, allowing officials under their management to violate the law resulting in serious consequences while performing professional activities

Sentenced to imprisonment for suspended or non-custodial reform for public employees who do not hold managerial positions, except as provided in Article 13, Clause 1 of Decree 27

Committing serious violations of the law on anti-corruption, thrift, waste prevention, labor discipline, gender equality, social evils prevention, and other related legal regulations concerning public employees but have been sincerely disciplined during the disciplinary process

3

Demotion

Failing to complete management tasks, operations according to the assignment without justifiable reasons, leading to serious consequences

Using illegal documents to be appointed to a position

Sentenced to imprisonment for suspended or non-custodial reform

Committing serious violations of the law on anti-corruption, thrift, waste prevention, labor discipline, gender equality, social evils prevention, and other related legal regulations concerning public employees

4

Dismissal

Sentenced to imprisonment without being granted probation or convicted by the court for corrupt behavior

Failing to comply with procedures, professional regulations, ethics, and codes of conduct while performing professional activities resulting in particularly serious consequences

Using illegal documents to be recruited into a public unit

Drug addiction with confirmation from an authorized medical agency

Taking unauthorized leave, totaling from 7 working days or more in a month, or from 20 working days or more in a year without justifiable reasons, counted in the Gregorian month; the Gregorian year

Committing particularly serious violations of the law on anti-corruption, but not reaching the level of criminal liability; regulations of the law on thrift, waste prevention, labor discipline, gender equality, social evils prevention, and other related legal regulations concerning public employees