From 2020, retired officials may still be subject to disciplinary action

Law Amending and Supplementing a Number of Articles of the Law on Officials and Public EmployeesThe Law Amending and Supplementing a Number of Articles of the Law on Officials and the Law on Public Employees was passed by the National Assembly on November 25, 2019 with numerous noteworthy new provisions. Among the highlights is the regulation on disciplinary measures applicable to officials who have retired or resigned.

Disciplinary Actions for Retired Officials

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Download Law on Amendments and Supplements to the Law on Cadres and Civil Servants and the Law on Public Employees

To be specific, according to Clause 18 Article 1 of the Law on Amendments and Supplements to a Number of Articles of the Law on Cadres and Civil Servants and the Law on Public Employees 2019, any violations committed by officials during their time in service, regardless of whether they have retired or resigned, shall be handled in accordance with the law. Depending on the nature and seriousness of the violation, the individual may face criminal, administrative, or disciplinary actions.

For officials whose violations are discovered after their resignation or retirement, the following disciplinary measures may be imposed depending on the nature and seriousness of the violation:

  1. Reprimand.
  2. Warning.
  3. Stripping of the titles held during the period of service.

It is evident that this new regulation aligns well with practical realities. During their service, violations by officials might not be detected and addressed. Consequently, if such violations are discovered post-retirement, there previously lacked explicit regulation.

Additionally, the Law on Amendments clearly states that officials who retired or resigned before July 1, 2020, and are found to have committed violations during their service period shall be dealt with following this Law.

Thus, the Law on Amendments and Supplements to a Number of Articles of the Law on Cadres and Civil Servants and the Law on Public Employees 2019 will thoroughly address violations committed by officials during their service period, even if they have since retired or resigned.

Toan Trung

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