Vietnam: Officials subject to disciplinary sanctions in the form of lowering of pay levels

Recently, the Government of Vietnam officially issued Decree No. 19/2020/NĐ-CP on inspection and sanctioning of violations arising from enforcement of laws on administrative penalties.

ky luat ha bat luong cong chuc, Nghi dinh 19/2020/NĐ-CP

Specifically, according to Decree No. 19/2020/NĐ-CP of Vietnam’s Government, in the enforcement of laws on handling of administrative violations, disciplinary sanctions in the form of lowering of pay levels shall be imposed upon officials not holding managerial or leadership posts that commit acts of using administrative fines, interest on late execution of fines, gains from sale or liquidation of confiscated material evidences, 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 demotion shall be applied to officials holding leadership or managerial posts that fail to carry out inspection conclusions.

Disciplinary sanctions in the form of dismissal shall be imposed on officials holding managerial or leadership posts that commit an act of issuing, on an ultra vires basis, documents on administrative violations; on sanctioning competence, procedures, forms and remedial measures for respective acts of administrative violation arising from state management activities, and administrative actions.

Note: Administrative actions or sanctions imposed upon persons having competence in sanctioning and making records of administrative violations in the People's Army, the People's Police and people doing ciphering work on the basis of requirements and proposals included in inspection conclusions shall be subject to relevant laws while administrative actions or sanctions imposed upon those in Military authorities or units who are not officers, professional military servicemen, non-commissioned officers, soldiers, defense workers or national defense public employees; people in Public Security authorities or units that are not officers, non-commissioned officers, conscripts, police workers; people in ciphering organizations who do not do ciphering activities shall be subject to the provisions of Decree No. 19/2020/NĐ-CP.

View more details at: Decree No. 19/2020/NĐ-CP of Vietnam’s Government takes effect from March 31, 2020, provisions on disciplinary actions or sanctions for violations arising from the enforcement of the law on handling of administrative violations come into force from July 01, 2020.

Thu Ba

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