Order and procedures for disciplinary action against officials in Vietnam (latest update)

Order and procedures for disciplinary action against officials in Vietnam (latest update) (Internet image)

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

1. Order and procedures for disciplinary action against officials in Vietnam (latest update)

Specifically, Article 21 of Decree 112/2020/ND-CP (amended in Decree 71/2023/ND-CP) stipulates the order and procedures for disciplinary action against officials as follows:

- Based on the disciplinary decision of the competent authority, the agency advising on the organization and staff of the competent authority shall propose the disciplinary form and time of disciplinary action. If the statute of limitations for disciplinary action has expired, report to the competent authority that disciplinary action will not be considered.

In cases under the disciplinary authority of the National Assembly Standing Committee or the Prime Minister, the competent agency shall manage and use, within 07 days from the date of announcement of the disciplinary decision on the party, a written proposal of the form of discipline, the time of disciplinary action, and the duration of disciplinary enforcement.

In cases falling under the Prime Minister's handling authority, the proposal document will be sent simultaneously to the Ministry of Home Affairs for appraisal and reporting to the Prime Minister for consideration and decision.

In case there is no disciplinary decision from the competent authority, the order and procedures for disciplining officials shall comply with the provisions of Article 25 of Decree 112/2020/ND-CP. The level competent to handle discipline specified in Article 20 of Decree 112/2020/ND-CP decides on the composition of the review meeting and the composition of the Disciplinary Council.

- Competent authorities issue disciplinary decisions.

2. Authority to discipline officials in Vietnam

The authority to discipline officials is prescribed as follows:

- The level competent to approve and decide to approve election results has the authority to discipline, except for the case specified in Clause 2, Article 20 of Decree 112/2020/ND-CP;

- For positions and titles in state administrative agencies approved by the National Assembly, the Prime Minister shall issue a disciplinary decision.

In case there is no or pending decision on approval or decision on approval of election results, the authority with election authority shall decide on disciplinary action.

(Article 20 of Decree 112/2020/ND-CP amended in Decree 71/2023/ND-CP)

3. Statute of limitations and time limit for disciplinary action against officials in Vietnam

Pursuant to Article 5 of Decree 112/2020/ND-CP (amended in Decree 71/2023/ND-CP), the statute of limitations and time limit for disciplinary action are as follows:

- The statute of limitations for disciplinary action is the period of time within which, upon expiration of that period, officials, civil servants, public employees, and retired or retired persons who commit violations shall not be disciplined. The statute of limitations for disciplinary action is calculated from the time of the violation. If there is a new violation within the time limit for calculating the statute of limitations for disciplinary action according to regulations, the statute of limitations for disciplinary action for the old violation is recalculated from the time the new violation occurs.

- Determine the time of the violation:

+ For violations whose termination time can be determined, the time of violation is calculated from the time of termination.

+ For violations that have not yet ended, the time of violation is calculated from the time of discovery.

+ For violations whose termination time cannot be determined, the time of violation is calculated from the time of the conclusion of the competent authority.

- Except for the cases specified in Clause 4, Article 5 of Decree 112/2020/ND-CP, the statute of limitations for disciplinary action is prescribed as follows:

+ 05 years for violations that are less serious than requiring disciplinary action in the form of reprimand;

+ 10 years for violations that do not fall into the cases specified in Point a, Clause 3, Article 5 of Decree 112/2020/ND-CP.

- For the following violations, the statute of limitations for disciplinary action does not apply:

+ Officials, civil servants, and public employees who are party members commit violations that require disciplinary action in the form of expulsion;

+ Committing acts of violating regulations on internal political protection;

+ Committing acts that harm national interests in the fields of defense, security, and foreign affairs;

+ Using fake or illegal diplomas, certificates, or certifications

- The time limit for disciplinary action against cadres, civil servants, and public employees is the period of time from the discovery of violations by cadres, civil servants, and public employees or from the time a competent authority concludes that a cadre, civil servant, or public employee has committed a violation until there is a disciplinary decision from the competent authority.

The time limit for disciplinary action shall not exceed 90 days; In cases where the case has complicated circumstances that require time for inspection and examination for further verification and clarification, the disciplinary time limit may be extended but must not exceed 150 days.

The authority competent to handle disciplinary action must ensure that disciplinary action is taken within the prescribed time limit. If the disciplinary time limit expires and a disciplinary decision has not yet been issued, the person will be responsible for the delay in issuance and must issue a disciplinary decision if the violation is still within the statute of limitations.

- Not included in the statute of limitations or disciplinary action period for:

+ Time for disciplinary action to be considered for the cases specified in Article 3 of Decree 112/2020/ND-CP;

+ Time of investigation, prosecution, and trial according to criminal proceedings (if any);

+ Time to make a complaint or initiate an administrative case at Court regarding a disciplinary decision until a replacement disciplinary decision is issued.

Ho Quoc Tuan

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