Disciplinary forms for cadres and civil servants in Vietnam 2023

Disciplinary forms for cadres and civil servants in Vietnam 2023 (Internet image)

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

1. Disciplinary forms for cadres and civil servants in Vietnam 2023

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

- Applicable to staff:

+ Reprimand.

+ Warning.

+ Demotion.

+ Dissmisal.

- Applicable to civil servants who do not hold leadership and management positions:

+ Reprimand.

+ Warning.

+ Lower salary level.

+ Forced resignation.

- Applicable to civil servants holding leadership and management positions:

+ Reprimand.

+ Warning.

+ Demotion.

+ Dissmisal.

+ Forced resignation.

2. Regulations on application of reprimand to cadres and civil servants in Vietnam

Regulations on the application of reprimand to cadres and civil servants according to Article 8 of Decree 112/2020/ND-CP are as follows:

The form of reprimand shall be applied to cadres and civil servants who commit violations for the first time, causing less serious consequences except for the 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, authoritarian attitude or causing difficulties or troubles to agencies, organizations, units, or individuals in the performance of their official 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; fighting 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 protection of internal politics;

- Violating regulations of law on: investment, construction; land, natural resources, and environment; 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; and other provisions of the law related to cadres and civil servants.

3. Principles of disciplining cadres and civil servants in Vietnam

Principles of disciplining officials, civil servants, and public employees according to Article 2 of Decree 112/2020/ND-CP are as follows:

- Objectivity and fairness; transparency; strictly, according to the law.

- Each violation will be handled only once by a form of discipline. At the same time as considering disciplinary action, if a cadre, civil servant, or public employee commits 02 or more violations, then:

Being disciplined for each violation and applying a discipline heavier than the one applied to the most serious violation,
except in the case of being disciplined in the form of dismissal or forced resignation;

It is not possible to separate each content of violation by cadres, civil servants, and public employees to be disciplined many times with different forms of discipline.

- In case cadres, civil servants, and public employees who are in the process of executing disciplinary decisions continue to commit violations, the following disciplinary forms shall be applied:

+ If there is a violation that is disciplined in a form lighter or equal to that of the current discipline, a more severe disciplinary form than the currently being disciplined form will be applied;

+ If there is a violation, they will be disciplined in a more severe form than the currently being disciplined form, then apply a disciplinary form one level heavier than the discipline applied to the new violation.

- When considering disciplinary action, it must be based on the content, nature, extent, harm, cause of violation, aggravating or mitigating circumstances, attitude of acceptance and correction, the remedy of defects, violations, and the consequences.

- Not applying administrative sanctions or party discipline in place of administrative discipline; administrative discipline is not a substitute for criminal prosecution, if the violation is serious enough to be criminally handled.

- In cases where cadres, civil servants, and public employees have been disciplined by the Party, the form of administrative discipline must be ensured at a level commensurate with the Party discipline.

Within 30 days from the date of publication of the decision to discipline the party, agencies, organizations, and units must consider and decide on administrative disciplinary handling.

- All acts of infringing upon the body, spirit, honor, and dignity are strictly prohibited during the disciplinary process.

- For cadres, civil servants, and public employees who have committed violations for the first time and have been disciplined but, within 24 months from the effective date of the disciplinary sanctioning decisions, have committed the same violations, it shall be considered recidivism;

Outside the 24-month period of enforcement, such a violation is considered a first-time violation but is counted as an aggravating circumstance when considering disciplinary action.

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