Authority to impose disciplinary actions on public employees in Vietnam

Authority to impose disciplinary actions on public employees in Vietnam (Internet image)

1. Authority to impose disciplinary actions on public employees in Vietnam

Authority to impose disciplinary actions on public employees in Vietnam according to Article 31 of Decree 112/2020/ND-CP (amended in Clause 15, Article 1 of Decree 71/2023/ND-CP) is as follows:

- For managerial public employees, the head of the agency, organization, or unit with the authority to appoint conducts disciplinary actions and decides on disciplinary measures.

For public employees holding positions or titles elected by an approving authority, the authority that verifies election results conducts disciplinary actions and decides on disciplinary measures.

- For public employees not holding managerial positions, the head of the public service provider managing the public employee conducts disciplinary actions and decides on disciplinary measures, except in cases specified in Clause 6, Article 35 of Decree 112/2020/ND-CP (amended in Clause 18, Article 1 of Decree 71/2023/ND-CP).

In cases of dismissal, the head of the public service provider must report to the hiring authority before making a decision, except when the public service provider has hiring authority or is delegated hiring authority.

- For seconded public employees, the head of the agency where the public employee is seconded conducts disciplinary actions, agreeing on the disciplinary measures with the seconding agency before deciding on the disciplinary measures. In cases of dismissal, the decision is based on the proposal of the Disciplinary Handling Council from the seconding agency.

Disciplinary records and decisions for seconded public employees must be sent to the managing authority of the seconded public employee.

- For public employees working in the People's Court and the People's Procuracy, the disciplinary authority is executed according to the regulations of the authority managing the public employees.

2. Related regulations after a disciplinary decision against public employees in Vietnam

Related regulations after a disciplinary decision against public employees as stipulated in Article 40 of Decree 112/2020/ND-CP are as follows:

- Dismissed public employees:

+ Dismissed public employees do not receive severance policies but are confirmed by the Social Insurance Agency for the working period for which social insurance was paid to claim social insurance benefits as per legal regulations.

+ The public service provider with the authority to manage public employees stores the records of dismissed employees and is responsible for providing certified copies of career records and performance evaluations upon request of the disciplined public employee.

+ After 12 months from the effective date of the dismissal decision, dismissed public employees are eligible to register for recruitment in state agencies, organizations, and units. In cases of dismissal due to corruption, embezzlement, or ethics violations, they cannot register for positions related to their previous duties.

- Disciplinary decisions against public employees that are concluded to be wrongful or erroneous by the competent authority or court must be publicly announced at the unit where the public employee works within 10 working days from the date of the conclusion or effective court decision.

If a disciplinary decision is based on an appellate judgment without a conclusion of wrongful actions from the competent authority but later changed by a new legal ruling, the authority that issued the disciplinary decision must reconsider the disciplinary action.

- If a public employee dismissed or demoted is later proven by the competent authority or court to be wronged and their original position has been filled, the head of the public service provider must arrange a suitable position or managerial role for the employee.

- If the competent authority concludes that a disciplinary action against a public employee was non-conforming due to incorrect disciplinary forms, procedures, or authority, the issuing authority must annul the disciplinary decision. The competent public service provider must then re-evaluate disciplinary actions according to the proper guidelines in Decree 112/2020/ND-CP.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE