How long does it take for civil servants who are reprimanded to get a raise in Vietnam?

How long does it take for civil servants who are reprimanded to get a raise in Vietnam? (Internet image)

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

1. When should disciplinary action be applied to civil servants in Vietnam?

According to Article 8 of Decree 112/2020/ND-CP (amended in Decree 71/2023/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; Law provisions on the performance of responsibilities and duties of officials and civil servants; labor discipline; internal rules and regulations of agencies, organizations, and units;

- Taking advantage of your position for personal gain; having a bossy or authoritative attitude or causing difficulties or troubles for agencies, organizations, units or individuals in the performance of public duties; confirming or issuing legal documents to ineligible persons;

- Avoiding, pushing, not performing or performing incorrectly or incompletely, responsibilities and tasks according to the provisions of law, internal rules and regulations of agencies, organizations, units, or tasks assigned by competent authorities without legitimate reasons; Failure to comply with decisions on mobilization and work assignment by competent authorities; causing disunity in agencies, organizations, and units;

- Violation of legal regulations on: crime prevention and combat; prevention of social evils; safety and order of society; anti-corruption; practice thrift and combat waste;

- Violation of legal regulations on protection of state secrets;

- Violation of legal regulations on complaints and denunciations;

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

- Violation of legal regulations on: investment and construction; land; environmental resources; finance, accounting, and banking; management and use of public assets during the performance of public duties;

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

2. How long does it take for a civil servant to be disciplined and reprimanded?

Pursuant to Clause 3, Article 2, Circular 08/2013/TT-BNV (amended by Clause 5, Article 1, Circular 03/2021/TT-BNV), it stipulates as follows:

During the period of maintaining the current salary level, if officers, civil servants, public employees, and employees have been notified or decided in writing by the competent authority not to complete their assigned annual tasks or are disciplined in one of the forms of reprimand, warning, demotion, or dismissal, the time for calculating regular salary increases will be extended compared to the time specified in Point a, Clause 1, Article 2 of Circular 08/2013/TT-BNV as follows:

- Lasts 12 months for the following cases:

+ Officials are disciplined and dismissed;

+ Civil servants are disciplined and demoted or dismissed;

+ Officials and employees are disciplined and dismissed.

- Lasts 06 months for the following cases:

- Officials, civil servants, and workers are disciplined, reprimanded, or warned;

+ Officials receive disciplinary warnings;

+ Officials, civil servants, public employees, and workers are assessed and graded by competent authorities at the level of failure to complete their assigned tasks every year; If during the period of holding the rank there are 02 non-consecutive years of not completing the assigned tasks, then each year of not completing the assigned tasks will be extended by 06 months.

- Lasts 3 months for officials who are disciplined and reprimanded.

- In case of both being evaluated and ranked for quality at the level of not completing assigned tasks and being disciplined, the extended time for regular salary increases is the sum of the extended times specified above.

- In cases where the quality is evaluated and ranked at the level of not completing the task due to disciplinary action (same violation), the extended time for regular salary increases is calculated according to the corresponding disciplinary form specified above.

- In cases where cadres, civil servants, public employees, and workers who are party members are disciplined by the Party: if there has been an administrative disciplinary decision, the time for regular salary increases will be extended in the form of administrative discipline; if there has been no administrative disciplinary decision, the period of regular salary increases will be extended according to the form of Party disciplinary action corresponding to the forms of administrative disciplinary action specified in this Clause.

Thus, the extended time for salary increases for civil servants who are disciplined or warned is 6 months.

Nguyen Ngoc Que Anh

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE