Regulations related to disciplinary decisions against officials in Vietnam

Regulations related to disciplinary decisions against officials in Vietnam (Internet image) 

1. Regulations related to disciplinary decisions against officials in Vietnam

The regulations related to disciplinary decisions against officials in Vietnam, according to Article 39 of Decree 112/2020/ND-CP, are as follows:

- Officials who are disciplined by a reduction in salary will be placed in a lower salary grade if they are currently receiving a salary from grade 2 or higher of the salary scale or job title. The new salary grade will be effective from the date the disciplinary decision takes effect. The time for the next salary grade increase to return to the previous salary grade before the disciplinary action will be counted from the date the disciplinary decision takes effect.

The time period during which the salary grade is maintained before the salary reduction is reserved to be counted towards the next salary grade increase. In the case of officials receiving salary grade 1 or receiving seniority allowances beyond the salary scale or job title, the salary reduction disciplinary measure will not be applied; depending on the nature and severity of the legal violation, the competent authority will consider applying an appropriate disciplinary measure.

- Officials who are sacked

+ Officials who are disciplined in form of sack will not be entitled to the resignation benefits but the social insurance agency will confirm the period of employment for social insurance purposes according to the provisions of the law.

+ The competent authority managing the officials who are disciplined in form of sack is responsible for keeping the records of the officials and providing a summary of their personal background and evaluation (with confirmation) when requested by the officials.

+ After 12 months from the effective date of the disciplinary decision, officials who are disciplined in form of sack have the right to apply for recruitment to state agencies, organizations, and units. In case of disciplinary action in form of sack due to corruption, embezzlement, or violation of ethical standards, they are not allowed to apply for recruitment to agencies or positions related to the tasks and duties they have fulfilled.

- In the case of officials holding leadership or management positions who commit legal violations and are disciplined by demotion without a lower position than the one they currently hold, they will be demoted to a position that is no longer a leadership position.

- If the disciplinary decision against officials is determined to be unjust or incorrect by the competent authority, organization, unit or court, the head of the agency, organization, or unit where the officials work is responsible for publicly announcing it at the workplace within a maximum of 10 working days from the date of the conclusion document of the competent authority, organization, unit or from the effective date of the court's decision.

In case a disciplinary decision has been issued according to the conclusion of an appellate judgment and there is no conclusion from the competent authority that it is unjust or incorrect, but there is a change in the penalty in the new judgment according to the provisions of the law on proceedings, the disciplinary decision that has been issued will be reconsidered and decided by the competent level that handles disciplinary actions.

- For cases of officials who are disciplined by demotion, dismissal, or forced resignation and then determined to be unjust or incorrect by the competent authority, organization, unit, or court, while the previous position has been filled by another person, the head of the competent authority is responsible for arranging the appropriate position, leadership position, or management position for them.

- In the case of officials who commit violations while serving the disciplinary decision in the form of a salary reduction, their previous salary grade must be restored when applying the new disciplinary measure.

- In the case where the competent authority, organization, or unit handling the complaint or denunciation finds that the disciplinary decision against officials was not implemented in accordance with the regulations on the application of disciplinary measures, procedures, and authority, the competent level of disciplinary action must make a decision to invalidate the issued disciplinary decision; at the same time, the competent level of disciplinary action must proceed to review and handle the disciplinary action against officials in accordance with the provisions of Decree 112/2020/ND-CP.

2. Regulations related to disciplinary decisions against public employees in Vietnam

The regulations related to disciplinary decisions against public employees in Vietnam, according to Article 40 of Decree 112/2020/ND-CP, are as follows:

- Public employees who are disciplined  in form of sack

+ Public employees who are disciplined in form of sack will not be entitled to resignation benefits, but the social insurance agency will confirm their period of employment for social insurance purposes according to the provisions of the law.

+ The public agency responsible for managing disciplined public employees is responsible for keeping the records of the employees and providing a copy of their personal background and work evaluation (with confirmation) when requested by the employees.

+ After 12 months from the effective date of the disciplinary decision, disciplined public employees have the right to apply for recruitment to state agencies, organizations, and units. In the case of disciplinary action in the form of sack due to corruption, embezzlement, or violation of ethical standards, they are not allowed to apply for recruitment to positions related to the tasks and duties they have fulfilled.

- If the disciplinary decision against public employees is determined to be unjust or incorrect by the competent authority, organization, unit, or court, and there is a conclusion document from the competent authority, organization, unit, or an effective court decision, the head of the public agency responsible for managing the employees is responsible for publicly announcing it at the workplace within a maximum of 10 working days. In the case where a disciplinary decision has been issued according to the conclusion of an appellate judgment and there is no conclusion from the competent authority that it is unjust or incorrect, but there is a change in the penalty in the new judgment according to the provisions of the law on proceedings, the disciplinary decision that has been issued will be reconsidered and decided by the competent level that handles disciplinary actions.

- Public employees who are disciplined by dismissal, forced resignation, and then determined to be unjust or incorrect by the competent authority, organization, unit, or court, and if the previous position has been filled by another person, the head of the competent public agency is responsible for arranging the appropriate position or management position for them.

- In the case where the competent authority, organization, or unit handling the complaint or denunciation finds that the disciplinary decision against public employees was not implemented in accordance with the regulations on the application of disciplinary measures, procedures, and authority, the competent level of disciplinary action must make a decision to invalidate the issued disciplinary decision. At the same time, the competent public agency must proceed to review and handle the disciplinary action against the employees in accordance with the provisions of Decree 112/2020/ND-CP.

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