The time limit and statute of limitations for disciplinary actions in the Vietnam People's Army Force

Regulations on the time limit and statute of limitations for disciplinary actions in the Vietnam People's Army Force are as follows:

(1) Statute of limitations for taking disciplinary actions:

- The statute of limitations for taking the reprimand is 5 years; for taking a warning, salary step downgrade, demotion, dismissal, and rank/grade demotion is 10 years from the time of the violation. If within the statute of limitations, the violator commits a new violation, the statute of limitations for taking disciplinary action for the old violation is recalculated from the time of the new violation.

For violations with a definitive end time, the time of the violation is calculated from the end time;

For ongoing violations, the time of violation is calculated from the time of detection;

For violations without a definitive end time, the time of violation is calculated from the time of the competent authority's conclusion.

- The statute of limitations for taking disciplinary actions does not apply to: Violations subject to disciplinary actions of revocation of military honor, removal from office; violations regarding internal political protection, violations harming national interests in defense, security, and foreign relations; violations on the use of fake diplomas, certificates, confirmations of illegal use of diplomas, certificates, confirmations; military personnel, cipher officers, officials, workers, and public employees in the defense sector who are communist party members committing violations subject to expulsion from CPV.

(2) The time limit for taking disciplinary actions

The time limit for taking disciplinary actions is not more than 90 days. In cases with complex details requiring additional investigation, inspection, and clarification, the time limit for taking disciplinary actions can be extended but not exceeding 150 days.

(3) Exclusions from the time limit and statute of limitations for disciplinary actions:

- Periods not considered for disciplinary actions for cases stated in Clause 2, Article 6 of Circular 143/2023/TT-BQP;

- Periods for investigation, prosecution, and trial (if any). Disciplinary actions are considered based on the final legal conclusion or the court's legally effective verdict;

- Periods for lodging complaints or initiating administrative lawsuits in court regarding the disciplinary decision until a replacement decision is issued by the competent authority.

(4) The individual authorized to take disciplinary actions is responsible for disciplining the violator within the stipulated time limit. If the disciplinary action decision is not issued within the prescribed time limit, the responsible individual is accountable for the delay and must issue the disciplinary decision if the violation is still within the statute of limitations.

More details may be found in Circular 143/2023/TT-BQP effective from February 15, 2024, replacing Circular 16/2020/TT-BQP dated February 21, 2020.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE