Violations subject to disciplinary action of termination of employment for civil servants in Vietnam

Violations subject to disciplinary action of termination of employment for civil servants in Vietnam (Internet image)

Regarding this issue, LawNet answers as follows:

1. Violations subject to disciplinary action of termination of employment for civil servants in Vietnam

The disciplinary form of dismissal applies to civil servants who commit violations in one of the following cases:

- Having been disciplined in the form of dismissal for civil servants holding leadership or management positions or salary reduction for civil servants not holding leadership or management positions but recidivating;

- There is a first-time violation, causing particularly serious consequences in one of the cases specified in Article 8 of Decree 112/2020/ND-CP;

- Using fake or illegal diplomas, certificates, or confirmations to be recruited to agencies, organizations, or units;

- Drug; In this case, there must be a conclusion from a medical facility or notification from a competent authority;

- In addition to the above provisions, the disciplinary form of dismissal is also applied to civil servants holding leadership or management positions who commit a first-time violation, causing particularly serious consequences in one of the following cases:

+ Officials and civil servants holding leadership and management positions do not properly and fully perform management and administration responsibilities and tasks as assigned;

+ The head of an agency, organization, or unit allows serious violations of the law to occur within the scope of responsibility without taking preventive measures.

(Article 13 of Decree 112/2020/ND-CP)

2. Order and procedures for disciplinary action against civil servants in Vietnam

- Disciplinary action against civil servants is carried out according to the following steps:

Step 1: Organize a review meeting;

Step 2: Establish a Disciplinary Council;

Step 3: The competent authority issues a disciplinary decision.

- Do not perform step 1 in the following cases:

+ Discipline officials, civil servants, and public employees who commit violations
During the time working at the old agency, organization, or unit, until the transfer to the new agency, organization, or unit, the violation was discovered and is still within the statute of limitations for disciplinary action only then will the competent authority of the agency, organization, or unit carry out the consideration and application of disciplinary action according to legal regulations corresponding to the positions currently held by officials, civil servants, and public employees. In this case, the old agency, organization, or unit is responsible for providing all documents related to the violation and appointing a person to coordinate the review and disciplinary process. Regulations on evaluation, quality grading, and other related regulations are calculated at the old unit.

+ Disciplinary action according to the decision of the competent authority for cadres, civil servants, and public employees who are being prosecuted, detained, or detained pending the conclusion of the competent authority to investigate, prosecute, and adjudicate violations of the law, except in cases where a decision by a competent authority or a review has been organized according to the provisions of law and the individual has accepted responsibility for his or her violation.

- Do not perform steps 1 and 2 in the following cases:

+ There has been a conclusion from a competent agency or organization about the violation, including specific proposals for disciplinary action according to regulations;

+ A civil servant who violates the law is sentenced by the Court to imprisonment without a suspended sentence or is convicted by the Court of corruption;

+ There has been a decision to take disciplinary action against the party, except in cases where the competent authority decides to establish a Disciplinary Council for cadres, civil servants, and public employees who have been disciplined about the party;

In the cases specified above, conclusions about violations (if any) can be used without re-investigation or verification.

(Article 25 of Decree 112/2020/ND-CP (amended in Decree 71/2023/ND-CP))

Nguyen Ngoc Que Anh

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