Mitigating and aggravating circumstances when handling disciplinary measures in trade unions in Vietnam

Mitigating and aggravating circumstances when handling disciplinary measures in trade unions in Vietnam (Internet image)

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

1. Mitigating factors and aggravating circumstances when handling disciplinary measures in trade union organizations in Vietnam

Mitigating and aggravating circumstances when handling disciplinary measures in trade union organizations according to Article 5 of the Regulations issued together with Decision 5130/QD-TLD in 2022 are as follows:

* Violations with one or more of the following circumstances will be considered for reduced disciplinary action:

- Proactively reporting the violations to the organization; voluntarily admitting the shortcomings and violations before they are discovered.

- Proactively reporting, providing information, and fully and truthfully reflecting on the violations committed and the violators.

- Proactively stoping violations and actively participating in preventing consequences caused by violations; volunteerly compensate for damages and overcome the consequences caused by them.

- Commiting Violations due to objective reasons or to coercion.

- There are exceptionally difficult circumstances.

- Having made outstanding achievements in the labor movement and trade union activities and having been rewarded.

* Violations with one or more of the following circumstances must be considered for increased disciplinary action:

- Having been educated and reminded by a competent organization or individual without correction.

- Not self-reflecting and admitting their own shortcomings and violations, but also being devious and hiding them.

- Covering for fellow violators; repressing and retaliating against those who fight, denounce violations, or provide evidence of violations.

- Providing false information and reports; preventing others from providing evidence of violations; destroying evidence; creating documents; creating fake evidence.

- Dealing with, hindering, or causing difficulties or obstacles to the process of inspection, supervision, verification, and collection of evidence of violations.

- Violations due to taking advantage of emergency situations, natural disasters, or implementing social policies.

- Violations that cause material damage must be compensated for, but no compensation or remedial action will be given.

- Commiting repeating violations; violations being committed many times; systematic violations; being disciplined many times.

- Committing violations in an organized manner; being the organizer, mastermind, and initiator of the violation.

- Forcing, mobilizing, or organizing others to commit the same violation.

- Forcing or creating conditions for others to create fake documents, records, or evidence, or conceal or destroy evidence, records, or documents.

2. Cases that have not been considered to be disciplined or have/have not been disciplined in the trade union organization in Vietnam

Cases that have not been considered to be disciplined or have/have not been disciplined in the trade union organization according to Article 6 of the Regulations issued with Decision 5130/QD-TLD in 2022 are as follows:

* In cases where officials and trade union members commit violations and have not yet been considered for disciplinary action:

- Being pregnant, on maternity leave, or raising a child under 12 months old.

- Suffering from a serious illness or temporarily losing cognitive ability, being seriously ill, and receiving inpatient treatment at a hospital certified by a competent medical agency according to the provisions of law (from district level or higher).

- Being detained or temporarily detained awaiting the conclusion of a competent agency's investigation, prosecution, or trial for violations of the law.

* In cases where officers or union members commit violations, disciplinary action will not be considered:

- Having already passed away.

- Timely reporting to the competent authority when there is evidence that a decision is illegal, but not considered for resolution or expressed clear dissent with that wrongful decision, yet still obliged to comply with it and the opinion is reserved.

- Before the incident occurred, proactively reporting it to the leader, seriously and sincerely admitted the shortcomings, and actively coordinated with the unit in overcoming the consequences.

- Having confirmation from the competent authorities that the violation occurred in a force majeure situation while performing duties and official duties.

- Having loss of civil act capacity.

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