Vietnam: Disciplinary sanctions in the form of warning shall be imposed upon public officials, civil servants and public employees committing the following violations

Disciplinary sanctions in the form of warning imposed upon public officials, civil servants and public employees committing one of the violations arising from the enforcement of laws on handling of administrative violations are prescribed in Article 25 of Decree No. 19/2020/NĐ-CP of Vietnam’s Government. To be specific:

Firstly, disciplinary sanctions in the form of warning shall be imposed upon public officials committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:

- Failing to sanction administrative violations; failing to apply remedial or mitigative measures or apply administrative sanctions to violators in accordance with law;

- Applying sanctioning forms, rates, and remedial measures improperly and incompletely with respect to administrative violations;

- Extending the duration of application of administrative actions;

- Making unlawful intervention in the handling of administrative violations;

- Illegally intervening in inspection activities, taking advantage of their influence upon persons tasked with carrying out inspection activities;

- Providing inaccurate and untrue information or documents related to the subject matters of the inspection;

- Showing lack of responsibility for directing the implementation of inspection conclusions.

Secondly, disciplinary sanctions in the form of warning shall be imposed upon civil servants committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:

- Failing to sanction administrative violations; failing to apply remedial or mitigative measures or apply administrative sanctions to violators in accordance with law;

- Extending the duration of application of administrative actions;

- Making unlawful intervention in the handling of administrative violations;

- Illegally intervening in inspection activities, taking advantage of their influence upon persons tasked with carrying out inspection activities;

- Providing inaccurate and untrue information or documents related to the subject matters of the inspection;

- Failing to carry out inspection conclusions.

Thirdly, disciplinary sanctions in the form of warning shall be imposed upon public employees committing one of the violations arising from the enforcement of laws on handling of administrative violations, including:

- Making unlawful intervention in the handling of administrative violations;

- Illegally intervening in inspection activities, taking advantage of their influence upon persons tasked with carrying out inspection;

- Providing inaccurate and untrue information or documents related to the subject matters of the inspection;

- Failing to carry out inspection conclusions;

- Using administrative fines, interest on late execution of fines, gains from sale or liquidation of confiscated material evidence, means of administrative violations and other amounts collected from sanctioning of administrative violations in contravention of the law on state budget.

Moreover, disciplinary sanctions in the form of warning shall be applied to civil servants holding leadership or managerial posts, or public employees holding managerial posts that show lack of responsibility for providing directions for the implementation of inspection conclusions.

View full text at Decree No. 19/2020/NĐ-CP of Vietnam’s Government, effective from March 31, 2020.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE