Cases where disciplinary action against officials, civil servants, and public employees has not been considered in Vietnam

Cases where disciplinary action against officials, civil servants, and public employees has not been considered in Vietnam (Internet image)

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

1. Cases where disciplinary action against officials, civil servants, and public employees has not been considered in Vietnam

Cases that have not yet been considered for disciplinary action against cadres, civil servants, and public employees according to Article 3 of Decree 112/2020/ND-CP are as follows:

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

- 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.

- Female officials, civil servants, and public employees who are pregnant, on maternity leave, raising children under 12 months old, or officials, civil servants, male employees (in case his wife dies or due to other objective or force majeure reasons) who are raising a child under 12 months old.

- Officials, civil servants, and public employees who are being prosecuted, detained, or temporarily detained awaiting the conclusion of a competent authority investigating, prosecuting, and adjudicating violations of the law,
except in cases decided by competent authorities.

2. Disciplinary actions against officials, civil servants, and public employees in Vietnam

Disciplinary actions against cadres, civil servants, and public employees according to Article 6 of Decree 112/2020/ND-CP are as follows:

- Officials, civil servants, and public employees who violate regulations on the obligations of officials, civil servants, and public employees; What officials, civil servants, and public employees are not allowed to do; internal rules and regulations of agencies, organizations, and units; Violating ethics, lifestyle, or other laws while performing public duties will be considered for disciplinary action.

- The degree of violation is determined as follows:

+ Violations that cause less serious consequences are violations that have a small nature and level of harm, have an internal impact, and affect the reputation of the agency, organization, or work unit.

+ Violations that cause serious consequences are violations of a nature, extent, great harm, and impact beyond the internal scope, causing bad public opinion among officials, civil servants, public employees, and the people, and reducing the prestige of agencies, organizations, and working units.

+ Violations that cause very serious consequences are violations of great nature, extent, and harmful effects, affecting the entire society and causing very angry public opinion among cadres, civil servants, public employees, and the people; 
discredit the agency, organization, or work unit.

+ A violation causing particularly serious consequences is a violation with a particularly great nature, extent, and harmful effects; the scope of impact has been far-reaching on the whole society, causing especially urgent public opinion among cadres, civil servants, public employees, and the general public, discrediting agencies, organizations, and working units.

3. Disciplinary forms for officials and civil servants in Vietnam

Disciplinary forms for officials and civil servants according to Article 7 of Decree 112/2020/ND-CP are as follows:

* Applies to officers:

- Reprimand.

- Warning.

- Dismissal.

- Reliving them of their office.

* Applicable to civil servants not holding leadership or management positions:

- Reprimand.

- Warning.

- Lower salary level.

- Forced to quit.

* Applies to civil servants holding leadership and management positions:

- Reprimand.

- Warning.

- Demotion.

- Dismissal.

- Forced to quit.

4. Regulations on applying disciplinary measures to cadres and civil servants in Vietnam

According to Article 8 of Decree 112/2020/ND-CP, the disciplinary form of reprimand is applied to officials and civil servants who commit violations for the first time, causing less serious consequences except for violations specified in Clause 3, Article 9 of Decree 112/2020/ND-CP, in one of the following cases:

- Violation of regulations on ethics and communication culture of officials and civil servants; regulations of law on the performance of duties and responsibilities of officials and public employees; labor discipline; internal rules and regulations of agencies, organizations, and units;

- Taking advantage of the working position for self-seeking purposes; having a bossy or authoritative attitude or causing difficulties or troubles for agencies, organizations, units, or individuals in the performance of public duties; certifying or issuing legal documents to ineligible persons;

- Failure to comply with the decision on mobilization and assignment of work of the competent authority; failure to perform assigned duties without a valid reason; causing disunity in agencies, organizations, and units;

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

- Violation of the law on the protection of state secrets;

- Violating the provisions of law on complaints and denunciations;

- Violating regulations on democratic centralism, regulations on propaganda and speech, and regulations on internal political protection;

- Violating regulations of law on: investment, construction; land, environmental resources; finance, accounting, and banking; management and use of public property in the course of official duty performance;

- Violation of the law on: domestic violence prevention and control; population, marriage, and family; gender equality; Social Security; other provisions of the law related to officials and civil servants.

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