Are civil servants who are under disciplinary measures allowed to quit in Vietnam?

Are civil servants who are under disciplinary measures allowed to quit in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1.  Forms of disciplining civil servants in Vietnam

- Civil servants who violate the provisions of the Law on Cadres and Civil Servants and other relevant provisions of the law shall, depending on the nature and severity of the violation, be subject to one of the following disciplinary forms:

+ Reprimand;

+ Caution;

+ Salary reduction;

+ Demotion;

+ Removal from office:

+ Sack.

- Demotion and removal from office are applicable only to civil servants holding leading or managerial posts.; Salary reduction are applicable only to civil servants who do not hold leadership or management positions.

- Civil servants sentenced by the Court to imprisonment without a suspended sentence or convicted of corruption crimes are automatically forced to resign from the date the judgment or decision takes legal effect; A civil servant holding a leadership or management position who commits a crime and is convicted by the Court and whose judgment or decision has taken legal effect will automatically cease to hold the position due to his or her appointment.

(Article 79 of the Law on Cadres and Civil Servants 2008 (amended in the Law on Cadres and Civil Servants and the Law on Public Employees 2019))

2. Are civil servants who are under disciplinary measures allowed to quit in Vietnam?

- For cadres or civil servants who are reprimanded or cautioned, their salary raise period will be prolonged for 6 months from the date their disciplining decisions take effect; if being demoted or removed from office, their salary raise period will be prolonged for 12 months from the date their disciplining decisions take effect.

- Officials and civil servants who are disciplined will be handled as follows:

+ In case of being disciplined in the form of reprimand, warning, or salary reduction, promotion, planning, training, or appointment to a higher position will not be carried out within 12 months from the effective date of the disciplinary decision;

+ In case of being disciplined in the form of demotion or dismissal, promotion, planning, training, and appointment shall not be carried out within 24 months from the effective date of the disciplinary decision;

+ At the end of the above-specified time limit, if cadres and civil servants have not committed violations that require disciplinary action, they will continue to carry out promotion, planning, training, and appointment according to the provisions of the law.

- Officials and civil servants who are under disciplinary action, are being investigated, prosecuted, or tried are not allowed to stand for election, nomination, appointment, transfer, rotation, secondment, training, fostering, promotion, or termination.

- Officials and civil servants who are disciplined and dismissed due to corruption shall not be appointed to leadership or management positions.

Thus, cadres and civil servants who are under disciplinary action will not be dismissed or transferred.

(Article 82 of the Law on Cadres and Civil Servants 2008 (amended in the Law on Cadres and Civil Servants and the Law on Public Employees 2019))

3. What are the cases not applying statute of limitations and time limits for disciplining in Vietnam

According to Article 80 of the Law on Cadres and Civil Servants 2008 (amended in the Law on Cadres and Civil Servants and the Law on Public Employees 2019), the statute of limitations for disciplinary action does not apply to the following violations:

- Officials and civil servants who are party members commit violations that require disciplinary action in the form of expulsion;

- Violating regulations on internal political protection;

- Committing acts that harm national interests in the fields of defense, security, and foreign affairs;

- Using fake or illegal diplomas, certificates, or certifications

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE