This is the noteworthy content stipulated in Decree 112/2020/ND-CP of the Government of Vietnam on disciplinary actions against Vietnamese officials and public employees.
Decree 112/2020/ND-CP has added more cases where Vietnamese officials and public employees will be exempt from disciplinary responsibility. Thus, from September 20, 2020, Vietnamese officials and public employees will be exempt from disciplinary responsibility in the following four cases:
- Be certified by the competent authority as having lost the capacity for civil acts at the time of the violation.
- Comply with the decisions of superiors as prescribed in Clause 5, Article 9 of the Law on Officials.
- Be certified by the competent authority for violations committed in urgent situations, due to force majeure events, or objective obstacles as prescribed in the Civil Code when performing official duties.
- Vietnamese officials and public employees who committed violations subject to disciplinary action but have passed away. (Decree 34/2011/ND-CP did not stipulate this case).
Besides, the Decree also adds cases where disciplinary consideration is deferred for male Vietnamese officials and public employees (in cases where the wife has died or due to another objective, force majeure reasons) who are raising children under 12 months old.
Details can be found in Decree 112/2020/ND-CP effective from September 20, 2020.
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