To amend cases where disciplinary action against cadres, civil servants, and public employees has not been considered in Vietnam

To amend cases where disciplinary action against cadres, civil servants, and public employees has not been considered in Vietnam

Cases that have not been considered for disciplinary action in Vietnam include:

(1) Officials, civil servants, and public employees are on annual leave, leave according to regimes, or personal leave as permitted by competent authorities.

(2) Officials, civil servants, and public employees who are undergoing treatment for a serious illness or are losing cognitive ability; seriously ill and undergoing inpatient treatment at a hospital certified by a competent medical agency.

(3) Female officials, civil servants, and public employees who are pregnant, on maternity leave, or raising children under 12 months old, or a male cadre, civil servant, or public employee (in case his wife dies or due to other objective or force majeure reasons) is raising a child under 12 months old, unless the violator has a written request for consideration of disciplinary action.

(Compared to Decree 112/2020/ND-CP, Decree 71/2023/ND-CP has added "except in cases where the violator has a written request for consideration of disciplinary action")

(4) Officials, civil servants, and public employees who are being prosecuted, detained, or detained pending the conclusion of a competent authority investigating, prosecuting, and adjudicating violations of the law, except in cases decided by competent authorities.
Decree 71/2023/ND-CP takes effect from the date of signing.

- Cases where the statute of limitations for disciplinary action is applied according to the provisions of the Law on Cadres and Civil Servants 2008, the Law on Public Employees 2010, Law amending and supplementing a number of articles of the Law on Cadres, Civil Servants, and the Law on Public Employees in 2019:

+ In case violations are detected and disciplinary procedures have been implemented before November 15, 2022;

+ There has been a conclusion from the competent authority about the violation; there has been a decision on disciplinary action against the party effective before November 15, 2022; but no administrative disciplinary action has been taken.

- For violations that have undergone a disciplinary process before the effective date of Decree 71/2023/ND-CP, the provisions of law at the time of implementing the process will continue to apply to the process; For violations that occurred before the effective date of Decree 71/2023/ND-CP and are still within the statute of limitations but have not yet been handled, the provisions of Decree 71/2023/ND-CP will apply.

- Do not review disciplinary decisions that have taken legal effect before the effective date of this Decree, except in the case of resolving complaints as prescribed in Article 42 of Decree 71/2023/ND-CP and other decisions on disciplinary action that took effect before the effective date of Decree 71/2023/ND-CP.

- In case of holding a position or title of the People's Council, being a delegate of the People's Council operating part-time, and committing a violation before the effective date of Decree 71/2023/ND-CP, still within the statute of limitations for administrative disciplinary action as prescribed in Clause 4, Article 1 of Decree 71/2023/ND-CP, and not in the cases specified in Clause 2, Article 2 of Decree 71/2023/ND-CP, the competent authority will consider and decide on disciplinary action according to regulations.

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