Prohibited acts subject to disciplinary action of cadres, civil servants, and public employees in Vietnam

Prohibited acts subject to disciplinary action of cadres, civil servants, and public employees in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Prohibited acts subject to disciplinary action of cadres, civil servants, and public employees in Vietnam

Specifically, according to Article 6 of Decree 112/2020/ND-CP, the prohibited acts subject to disciplinary action of cadres, civil servants, and public employees are as follows:

- Cadres, civil servants, and public employees commit acts of violation of regulations on the obligations of cadres, civil servants, and public employees; things that cadres, civil servants, and public employees are not allowed to do; internal rules and regulations of agencies, organizations, and units; Violations of morality, lifestyle, or other violations of the law while on official duty shall be considered for disciplinary action.

- The degree of violation is determined as follows:

+ Violations that cause less serious consequences are violations of a small nature and degree of harm, impact the internal scope, and affect the reputation of agencies, organizations, or working units.

+ Violations causing serious consequences are violations of nature, extent, great harm, impact outside the internal scope, causing bad public opinion among cadres, civil servants, public employees, and the people, and reducing the prestige of agencies, organizations, and working units.

+ Violations causing very serious consequences are violations of great nature, extent, and harm that have an impact on the whole society and cause very pressing public opinion among cadres, civil servants, public employees, and the general public, discrediting agencies, organizations, and working units.

+ Violations causing particularly serious consequences are violations of particularly great nature, extent, and harm, and have far-reaching impacts on the whole society, causing especially pressing public opinion among cadres, civil servants, public employees, and the general public, discrediting agencies, organizations, and working units.

2. Relevant regulations when considering and disciplining cadres, civil servants, and public employees

Pursuant to Article 38 of Decree 112/2020/ND-CP, relevant regulations when considering disciplinary action against cadres, civil servants, and public employees include:

- Cadres, civil servants, and public employees who commit law violations are in the process of considering disciplinary action, are in the period of disciplinary action, or are under investigation, prosecution, or trial, but when they reach retirement age, they will still carry out the procedures for enjoying the retirement benefits.

- In case the Disciplinary Council has made a written recommendation on disciplinary action but has not yet issued a disciplinary decision but discovers more details related to the disciplinary violation or detects that a cadre, civil servant, or public employee who is considered for disciplinary action has committed other illegal acts, the Disciplinary Council shall consider and recommend re-discipline.

- The application of the disciplinary form of dismissal to civil servants holding judicial positions shall comply with the provisions of Decree 112/2020/ND-CP and the provisions of specialized laws.

3. Regimes for cadres, civil servants, and public employees who are in custody, temporary detention, suspension from office in Vietnam

According to Article 41 of Decree 112/2020/ND-CP, for cadres, civil servants, and public employees who are in custody, temporary detention, work suspension, or temporary suspension from their positions but have not yet been disciplined, the following rules apply:

- During the time of custody, temporary detention, or release on bail but applying the measure of prohibition from leaving the place of residence but not continuing to work to serve the investigation, prosecution, trial, or temporarily suspend work without being considered for disciplinary action, they are entitled to 50% of the current salary, plus the allowance for leadership positions, the seniority allowance beyond the bracket, the seniority allowance, and the salary reserve difference coefficient (if any).

In case cadres, civil servants, and public employees holding leadership or management positions are temporarily suspended from their positions, they are not entitled to allowances for leading and managerial positions.

- In case cadres, civil servants, and public employees are not disciplined or concluded to be unjust or wrong, the remaining 50% shall be repaid as prescribed in Clause 1, Article 41 of Decree 112/2020/ND-CP.

- In case a cadre, public servant, or public employee is disciplined or declared guilty by a court, he/she is not entitled to arrears of the remaining 50% specified in Clause 1, Article 41 of Decree 112/2020/ND-CP.

Ho Quoc Tuan

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