Vietnam: Prescriptive period for disciplining of a violating representative holding managerial position in enterprise of which over 50% of charter capital is held by the State

According to Vietnam’s regulations, the state capital owner shall give a written notice of consideration of disciplinary action when any representative is detected to commit a violation. Such notice must specify the time when the representative commits the violation, time of detecting that violation and the time limit for disciplining of the violating representative.

According to Decree No. 106/2015/NĐ-CP of Vietnam’s Government, the prescriptive period for disciplining a violating representative is 24 months from the time when the representative holding managerial position in enterprise of which over 50% of charter capital is held by the State commits the violation to the day on which the state capital owner gives a written notice of consideration of disciplinary action.

Besides, this Decree also stipulates that the time limit for disciplining a violating representative is 02 months from the time of detecting the violation committed by the representative to the day on which the state capital owner issues a disciplinary action decision. In cases where many persons are involved, exhibits and instrumentalities need to be examined or there are other complicated facts, the state capital owner shall decide to extend the time limit for disciplining of the violating representative as prescribed in Clause 2 Article 80 of the Law on officials.

View more details at Decree No. 106/2015/NĐ-CP of Vietnam’s Government, effective from December 10, 2015.

Thu Ba

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