Disciplinary procedures for resigned, retired employees in Vietnam

Disciplinary procedures for resigned, retired employees in Vietnam (Internet image)

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

1. Disciplinary procedures for resigned, retired employees in Vietnam

The sequence and procedures for handling disciplinary matters for retired employees are stipulated in Article 23 of Decree 112/2020/ND-CP as follows:

- Based on the disciplinary decision of the competent authority, the advisory agency on personnel affairs of the competent authorities shall propose the disciplinary form, the timing of disciplinary action, and the implementation period.

In cases where the disciplinary authority belongs to the Standing Committee of the National Assembly or the Prime Minister, the competent managing and utilizing agency shall propose the disciplinary form, the timing of disciplinary action, and the implementation period.

In cases where the disciplinary authority belongs to the Prime Minister, the proposal shall be simultaneously sent to the Ministry of Home Affairs for appraisal and reporting to the Prime Minister for consideration and decision.

In cases where there is no disciplinary decision from the competent level for retired employees who have committed violations during their employment, the competent level shall decide on the disciplinary action in accordance with Article 22 of Decree 112/2020/ND-CP and be responsible for their decision.

- The competent authorities shall issue the disciplinary decision.

2. Disciplinary authority for resigned, retired employees in Vietnam

According to Article 22 of Decree 112/2020/ND-CP, the disciplinary authority for retired employees is specified as follows:

- In cases where the disciplinary action is dismissal from office or position, the highest-ranking authority with the power of appointment and election shall decide on the disciplinary action, except for cases specified in Clause 3 of Article 22 of Decree 112/2020/ND-CP. In this case, the competent level shall decide on the disciplinary action for other relevant positions.

- In cases where the disciplinary action is reprimand or warning, the highest-ranking authority with the power of appointment and election shall decide on the disciplinary action, except for cases specified in Clause 3 of Article 22 of Decree 112/2020/ND-CP.

- For individuals holding positions in state administrative agencies approved by the National Assembly, the Prime Minister shall decide on the disciplinary action.

3. Acts subject to disciplinary action for officials and public employees in Vietnam

Acts subject to disciplinary action for officials and public employees according to Article 6 of Decree 112/2020/ND-CP (amended by Decree 71/2023/ND-CP) are as follows:

- Officials and public employees who violate regulations on the duties of officials and public employees; acts that officials and public employees are not allowed to do; internal regulations of agencies, organizations, and units; or violate ethics, lifestyle, or other acts related to the performance of official duties and are subject to disciplinary action in terms of parties and mass organizations shall be considered for administrative disciplinary action.

- The severity of the violation is determined as follows:

+ Minor violations are violations that have a minor nature and level of harm, with an impact limited to the internal scope, affecting the reputation of the working agency, organization, or unit.

+ Serious violations are violations that have a significant nature, level of harm, with an impact beyond the internal scope, causing negative public opinion among officials, public employees, and the public, and reducing the reputation of the working agency, organization, or unit.

+ Very serious violations are violations that have a very significant nature, level of harm, have a wide-ranging impact on society, cause particularly strong public opinion among officials, public employees, and the public, and undermine the reputation of the working agency, organization, or unit.

+ Particularly serious violations are those that have a particularly significant nature or level of harm, have a deep and wide-ranging impact on society, cause particularly strong public opinion among officials, public employees, and the public, and undermine the reputation of the working agency, organization, or unit.

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