03 cases where public employees are exempt from discipline in Vietnam

03 cases where public employees are exempt from discipline in Vietnam (Internet image)

1. 03 cases where public employees are exempt from discipline in Vietnam

03 cases where public employees are exempt from discipline include:

- Being certified by a competent authority that the state of loss of civil act capacity is violated when committing acts of violation.

- Being certified by a competent authority in an urgent situation, due to a force majeure event or an objective obstacle in accordance with the Civil Code when performing official duties.

- Public employees who committed violations to the point of being disciplined but died.

(Article 4 of Decree 112/2020/ND-CP)

2. Forms of disciplining public employees in Vietnam

Forms of disciplinary action against public employees include:

2.1. Applying discipline of reprimand to public employees

The form of disciplinary reprimand is applied to the first violation, causing less serious consequences, except for the violations specified in Clause 3, Article 17 of Decree 112/2020/ND-CP, which belong to one of the following cases:

- Failure to comply with professional procedures, regulations, professional ethics, and codes of conduct while performing professional activities about which you have been warned in writing by competent authorities;

- Violation of the law on: performing the duties and responsibilities of public employees; labor discipline; regulations, rules, and working regulations of public non-business units which have been reminded in writing by competent authorities;

- Taking advantage of the working position for self-seeking purposes; having a bossy, authoritarian attitude or causing difficulties or troubles to people in the course of performing assigned tasks and tasks; certifying or issuing legal documents to ineligible persons; offending the honor, dignity, and reputation of others while performing professional activities;

- Failure to comply with the decision on assignment of work made by the competent authority; failure to perform assigned duties without a valid reason; causing disunity in the unit;

- Violating the law on: crime prevention and combat; prevention of social evils; safety and order in society; anti-corruption; practicing thrift and fighting waste;

- Violation of the law on protection of state secrets;

- Violating the provisions of law on complaints and denunciations;

- Violating regulations of law on: investment, construction, land, natural resources, and environment; finance, accounting, banking; management, and use of public property in the course of professional activities;

- Violation of the law on: domestic violence prevention and control; population, marriage, and family; gender equality; Social Security; other provisions of law relating to public employees.

(Article 16 of Decree 112/2020/ND-CP)

2.2. Applying discipline of warning to public employees

A warning discipline shall be applied to an officer who commits violations in one of the following cases:

- Having been disciplined in the form of reprimand for the violations specified in Article 16 of this Decree, but recidivism;

- Committing an act of violation for the first time, causing serious consequences in one of the cases specified in Article 16 of this Decree;

- Committing an act of violation for the first time, causing less serious consequences in one of the following cases:

+ Managerial public employees fail to properly perform their responsibilities, allowing public employees under their management to violate the law, causing serious consequences while performing professional activities;

+ Management officers fail to complete management and administration tasks as assigned without a valid reason.

(Article 17 of Decree 112/2020/ND-CP)

2.3. Applying discipline of dismissal to managerial public employees

Disciplinary dismissal shall apply to a managerial officer in one of the following cases:

- Having been disciplined in the form of a warning as prescribed in Article 17 of Decree 112/2020/ND-CP but recidivism;

- Committing an act of violation for the first time, causing very serious consequences in one of the cases specified in Article 16 of Decree 112/2020/ND-CP;

- Committing an act of violation for the first time, causing serious consequences in one of the cases specified in Clause 3, Article 17 of Decree 112/2020/ND-CP;

- Using illegal documents to be appointed to a position.

(Article 18 of Decree 112/2020/ND-CP)

2.4. Applying discipline of forced resignment of public employees

Disciplinary action for dismissal shall be applied to public employees who commit violations in one of the following cases:

- Having been disciplined in the form of dismissal of a managerial officer or a warning against a public employee who does not hold a managerial position but repeats the offense;

- Committing an act of violation for the first time, causing particularly serious consequences in one of the cases specified in Article 16 of this Decree;

- The management officer commits a violation for the first time, causing very serious or particularly serious consequences in one of the cases specified in Clause 3, Article 17 of Decree 112/2020/ND-CP;

- Using fake or illegal diplomas, certificates, or certifications to be recruited into agencies, organizations, or units;

- A drug addict; in this case, it must be certified by the medical facility or notified by the competent authority.

(Article 19 of Decree 112/2020/ND-CP)

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