Disciplinary actions against officials, civil servants and public employees (Latest update)

Disciplinary actions against officials, civil servants and public employees in Vietnam (Latest update) (Internet image)

Regarding this issue, LawNet answers as follows:

1. Disciplinary actions against officials, civil servants and public employees (Latest update)

According to Article 6 of Decree 112/2020/ND-CP (amended in Decree 71/2023/ND-CP), disciplinary actions for cadres, civil servants, and public employees are prescribed 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, violating the law when performing public duties, or other violations related to public service activities that are subject to party or union disciplinary action will be considered for administrative disciplinary action.

- The level of violation is determined as follows:

+ A violation that causes less serious consequences is a violation that has a small nature and level of harm, has an internal impact, and affects the reputation of the agency, organization, or work unit.

+ Violations that cause serious consequences are those that have a great nature, extent, harmful effects, and impacts beyond the internal scope, causing bad public opinion among cadres, civil servants, public employees, and the public, and reducing the reputation of agencies, organizations, and working units.

+ A violation that causes very serious consequences is a violation that has a very large nature, level, and harmful effects, with a scope that affects the entire society.
causing very angry public opinion among cadres, civil servants, public employees, and people, discrediting agencies, organizations, and working units.

+ Violations that cause particularly serious consequences are violations that have a particularly great nature, extent, and harmful effects, with a far-reaching impact on the entire society, causing particularly urgent public opinion among officials and civil servants, officials and people, and discrediting agencies, organizations, and work units.

2. Statute of limitations and time limit for disciplinary action against cadres, civil servants, and public employees in Vietnam

Pursuant to Article 5 of Decree 112/2020/ND-CP (amended in Decree 71/2023/ND-CP), the statute of limitations and time limit for disciplinary action against cadres, civil servants, and public employees are as follows:

- The statute of limitations for disciplinary action is the period of time within which, upon expiration of that period, officials, civil servants, public employees, and retired or retired persons who commit violations shall not be disciplined. The statute of limitations for disciplinary action is calculated from the time of the violation. If there is a new violation within the time limit for calculating the statute of limitations for disciplinary action according to regulations, the statute of limitations for disciplinary action for the old violation is recalculated from the time the new violation occurs. .

- Determine the time of the violation:

+ For violations whose termination time can be determined, the time of violation is calculated from the time of termination.

+ For violations that have not yet ended, the time of violation is calculated from the time of discovery.

+ For violations whose termination time cannot be determined, the time of violation is calculated from the time of the conclusion of the competent authority.

- Except for the cases specified in Clause 4, Article 5 of Decree 112/2020/ND-CP, the statute of limitations for disciplinary action is prescribed as follows:

+ 05 years for violations that are less serious than requiring disciplinary action in the form of reprimand;

+ 10 years for violations that do not fall into the cases specified in Point a, Clause 3, Article 5 of Decree 112/2020/ND-CP.

- For the following violations, the statute of limitations for disciplinary action does not apply:

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

+ Committing acts of 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

- The time limit for disciplinary action against cadres, civil servants, and public employees is the period of time from the time the violation of the cadre, civil servant, or public employee is discovered or from the time the competent authority concludes that the cadre, civil servants, and public employees commit violations until there is a disciplinary decision from the competent authority.

The time limit for disciplinary action shall not exceed 90 days; In cases where the case has complicated circumstances that require time for inspection and examination for further verification and clarification, the disciplinary time limit may be extended but must not exceed 150 days.

The authority competent to handle disciplinary action must ensure that disciplinary action is taken within the prescribed time limit. If the disciplinary time limit expires and a disciplinary decision has not yet been issued, the person will be responsible for the delay in issuance and must issue a disciplinary decision if the violation is still within the statute of limitations.

- Not included in the statute of limitations or disciplinary action period for:

+ Time for disciplinary action to be considered for the cases specified in Article 3 of Decree 112/2020/ND-CP;

+ Time of investigation, prosecution, and trial according to criminal proceedings (if any);

+ Time to make a complaint or initiate an administrative case at Court regarding a disciplinary decision until a replacement disciplinary decision is issued.

Ho Quoc Tuan

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