Relevant regulations after a disciplinary decision is made against a public employee in Vietnam

Relevant regulations after a disciplinary decision is made against a public employee in Vietnam (Internet image)

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

1. Forms of disciplinary action against public employees in Vietnam

According to Article 15 of Decree 112/2020/ND-CP, disciplinary forms for public employees are prescribed as follows:

- Applicable to officials who do not hold management positions

+ Reprimand.

+ Warning.

+ Forced to quit job.

- Applies to management officials

+ Reprimand.

+ Warning.

+ Dismissal.

+ Forced to quit job.

Officials who are disciplined in one of the above forms may also be restricted from performing their professional activities according to relevant laws.

2. Relevant regulations after a disciplinary decision is made against a public employee in Vietnam

Article 40 of Decree 112/2020/ND-CP clearly states the relevant regulations after a disciplinary decision is made against public employees as follows:

- The employee is disciplined and forced to resign

+ Officials who are disciplined and forced to quit their jobs are not entitled to severance benefits, but must have the social insurance agency confirm that they have paid social insurance for their working time to implement the social insurance regime according to the regulations of the Law.

+ Public service units with authority to manage public employees who keep records of public employees who are disciplined and forced to resign are responsible for providing copies of resumes and comments on work history (with confirmation) when the disciplined officer requests.

After 12 months from the effective date of the disciplinary decision to resign, the employee who has been disciplined and forced to resign has the right to register for recruitment into state agencies, organizations and units.

In case of being disciplined and forced to resign due to corruption, embezzlement or violation of public service ethics, you will not be able to register to apply for a position related to the tasks you have undertaken.

- Decisions on disciplinary action against public employees who have been concluded by a competent agency, organization, unit or court to be unjust or wrong shall be made within 10 working days at the latest from the date of the written conclusion of the competent agency, organization or unit or from the effective date of the Court's decision, the head of the public service unit managing the public employee is responsible for making a public announcement at the unit where the public employee is working.

In cases where a disciplinary decision has been issued according to the conclusion of the appeal judgment and there is no conclusion of the competent authority being unjust or wrong, but there is a change in the penalty in the new judgment according to the provisions of the law on proceedings, the competent disciplinary authority shall consider and decide.

- In the event that an employee is disciplined in the form of a forced dismissal and the competent agency, organization, unit, or court concludes that it is unjust or wrong and the old position has been replaced by another person, the head of a competent public service unit is responsible for arranging appropriate work positions and management positions.

- In case the agency, organization, or unit with authority to resolve complaints and denunciations concludes that the disciplinary action against public employees was not carried out in accordance with regulations on the application of disciplinary forms, orders, procedures, and disciplinary authority, the competent authority that has signed the disciplinary decision must issue a decision to cancel the disciplinary decision;

At the same time, public service units with disciplinary authority must consider disciplining public employees in accordance with the provisions of Decree 112/2020/ND-CP.

Nguyen Ngoc Que Anh

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