What is the time limit for taking disciplinary measures at work in Vietnam?

What is the time limit for taking disciplinary measures at work in Vietnam? (Internet image)

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

1. What is the time limit for taking disciplinary measures at work in Vietnam? 

Specifically, Article 123 of the Labor Code 2019 stipulates the time limit for taking disciplinary measures at work as follows:

- The time limit for taking disciplinary measures against a violation is 06 months from the date of the occurrence of the violation. The time limit for dealing with violations directly relating to finance, assets and disclosure of technological or business secrets shall be 12 months.

- In case the time limit stipulated in this Article has expired or is shorter than 60 days when the period stipulated in Clause 4 Article 122 of this Labor Code 2019 expires, the former may be extended for up to 60 more days.

- The employer shall issue a disciplinary decision within the period specified in Clause 1 and Clause 2 of Article 123 of the Labor Code 2019.

2. Disciplinary measures in Vietnam

Pursuant to Article 124 of the Labor Code 2019, the disciplinary measures include:

- Reprimand.

- Deferment of pay rise for up to 6 months.

- Demotion.

- Dismissal.

3. Procedures for taking disciplinary measures in Vietnam

Disciplinary procedures prescribed in Clause 6 Article 122 of the Labor Code 2019 are specified below:

- In case an employee’s violation is discovered when it is committed, the employer shall prepare a violation record and inform the internal employee representative organization of which the employee is a member, the employee’s legal representative if the employee is under 15. In case an employee’s violation is discovered after it is committed, evidence of such violation must be gathered.

- Within the time limit for disciplinary procedures specified in Clause 1 and Clause 2 Article 123 of the Labor Code 2019, the employer shall hold a disciplinary hearing as follows:

+ At least 05 working days before the disciplinary hearing is held, the employer shall notify the mandatory participants prescribed in Point b and Point c Clause 1 Article 122 of the Labor Code 2019 the contents, time and location of the hearing, full name of the employee facing disciplinary procedure and his/her violations. Make sure the participants receive the notification before the hearing takes place;

+ Upon receipt of the employer’s notification, the mandatory participants prescribed in Point b and Point c Clause 1 Article 122 of the Labor Code 2019 shall send the employer confirmation of their participation. In case any of the mandatory participants cannot participate in the hearing, the employee and the employer shall reach an agreement on change of time and/or location of the hearing. In case such n agreement cannot be reached, the employer shall make the final decision;

+ The employer shall conduct the disciplinary hearing at the time and location mentioned in Point a and Point b of this Clause. In case any of the mandatory participants mentioned in Point b and Point c Clause 1 Article 122 of the Labor Code 2019 does not confirm his/her participation or is not present, the employer shall still conduct the hearing.

- Minutes of the disciplinary hearing shall be taken and ratified before the end of the hearing. The minutes shall bear the signatures of the participants as prescribed in Point b and Point c Clause 1 Article 122 of the Labor Code 2019. In case a person refuses to sign the minutes, the minutes taker shall specify his/her full name and reasons for refusal in the minutes.

- Within the time limit for disciplinary procedures specified in Clause 1 and Clause 2 Article 123 of the Labor Code 2019, the person having the power to initiate disciplinary procedure shall issue a disciplinary decision and send it to the mandatory participants specified in Point b and Point c Clause 1 Article 122 of the Labor Code 2019.

(Article 70 of Decree 145/2020/ND-CP)

Ho Quoc Tuan

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