Forms of discipline in military in Vietnam

Forms of discipline in military in Vietnam (Internet image)

1. Disciplinary forms in the military in Vietnam

Article 10 of Circular 16/2020/TT-BQP stipulates the following forms of discipline in the military in Vietnam:

* Disciplinary forms for officers and professional soldiers

Disciplinary forms for professional officers and soldiers to take according to the provisions of the Law on officers of the Vietnam People’s Army and Clause 1, Article 50 of the Law on professional servicemen and women, National defense workers and official are ranked from low to high as follows:

- Reprimand;

- Warning;

- Lower salary level;

- Demotion of military rank;

- Demotion;

- Removal from office;

- Deprivation of officer ranks;

- Deprivation of military title.

* Disciplinary action for non-commissioned officers and soldiers

Disciplinary forms for non-commissioned officers and soldiers shall comply with Clause 1, Article 60 of the Law on Military Service, ranked from low to high as follows:

- Reprimand;

- Warning;

- Demotion of military rank;

- Demotion;

- Resignation;

- Deprivation of military title.

* Disciplinary action for civil servants, workers, and defense officials

Disciplinary forms for civil servants, workers, and defense officials shall comply with Clause 2, Article 50 of the Law on Professional Soldiers, and are ranked from low to high as follows:

- Reprimand;

- Warning;

- Lower salary level;

- Forced to quit.

2. Principles of discipline in the army in Vietnam

Disciplinary handling principles as prescribed in Article 4 of Circular 16/2020/TT-BQP are as follows:

- All disciplinary violations must be detected, prevented, and strictly handled; consequences caused by disciplinary violations must be remedied in accordance with law.

- The handling of disciplinary violations is carried out quickly, accurately, openly, and objectively, in accordance with competence, ensuring fairness, and in accordance with the provisions of law.

- The sanctioning of disciplinary violations must be based on the nature, severity, and consequences of the violation, the violators, and the extenuating and aggravating circumstances.

- All acts of infringing upon the body, honor, and dignity of soldiers, civil servants, workers, and defense officials are strictly prohibited during the disciplinary review process; not apply other forms of discipline instead of the discipline prescribed by law.

- Not applying the disciplinary form of stripping the soldier's title and forcing her to quit her job to female soldiers, civil servants, workers, and defense officers during pregnancy, maternity leave, or raising children under 12 months old.

- Not applying the form of discipline demotion to military rank to soldiers holding the rank of second lieutenant; not applying the discipline of lowering the salary grade to civil servants, workers, and defense employees who are receiving Level 1 salary.

- When disciplining, in addition to the form of discipline for each violation, if the violation causes material damage, the violator must also pay compensation.

Assets, money, and material possessions acquired from violations must be handled in accordance with the law.

- Only one form of discipline will be handled for each disciplinary violation.

If the violator commits many different violations at the same time, he/she must consider, conclude, and clarify the seriousness of the violation and the disciplinary form for each violation, but only apply general discipline for violations and not exceed the discipline of the act with the highest level of disciplinary sanction.

The case of handling multiple forms of discipline (lowering salary, demoting military rank with dismissal or demoting) shall be decided by the competent authority.

- Commanders, political commissars, and politicians (collectively referred to as commanders) at all levels must take responsibility for the violations of discipline and law by their subordinates.

Depending on the nature and severity of the violation, the consequences of the incident, and the extent to which it is related to the responsibility of the direct commander and above, the form of discipline shall be determined according to the provisions of Circular 16/2020/TT-BQP.

- If the person committing a disciplinary violation shows signs of crime, the agency or unit shall not reduce the number of managers but transfer the violation file to the investigating agency in the Army for handling in accordance with law. 

In the event that the defendant is tried and sentenced to non-custodial reform or imprisonment but is given a suspended sentence, the regime and policies will only be resolved after the court's enforcement decision has been issued.

3. Cases exempt from or not considered for discipline responsibility in Vietnam

* Cases not considered for discipline responsibility in Vietnam

Cases that have not yet been disciplined under the provisions of Clause 1, Article 6 of Circular 16/2020/TT-BQP include:

- During the period of annual leave, leave according to the regime;

- During the treatment period certified by a military medical facility or medical facility;

- While enjoying the maternity regime, are raising children under 12 months;

- Waiting for the final settlement result of the agency competent to investigate, prosecute, and adjudicate violations of the law.

* Cases of exemption from disciplinary responsibility

Clause 2, Article 6 of Circular 16/2020/TT-BQP stipulates cases of exemption from disciplinary responsibility as follows:

- Being certified by a competent authority on the state of loss of civil act capacity when violating state laws, military orders, or charters;

- Violating state laws, orders, and regulations of the Army in cases of legitimate defense, urgent situations, and force majeure conditions;

- Complying with orders of superior commanders or assigned tasks from competent persons according to the provisions of law and the Ministry of National Defense.

Van Trong

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