Decree No. 112/2020/ND-CP on disciplinary sanctions for civil servants, public officials, and employees

THE GOVERNMENT --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 112/2020/NĐ-CP	Hanoi, September 18, 2020

 

DECREE

ON DISCIPLINARY ACTION AGAINST CIVIL SERVANTS, PUBLIC OFFICERS, AND STATE EMPLOYEES

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Several Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Civil Servants and Public Officials Law and the Public Service Staff Law dated November 25, 2019;

||| Based on the proposal of the Minister of Home Affairs;

The Government issues this Decree on disciplinary action against civil servants, public officers, and state employees.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates principles for disciplinary action; the application of corresponding disciplinary measures for violations; the authority, procedures, and formalities for disciplinary action against civil servants, public officers, and state employees.

2. This Decree applies to:

a) Civil servants in administrative agencies and members of People's Councils working on a full-time basis (hereinafter referred to collectively as civil servants);

b) Public officials as defined in Clause 2, Article 4 of the Law on Civil Servants amended and supplemented by Clause 1, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Civil Servants and the Law on State Employees and public officials at commune level as defined in Clause 3, Article 4 of the Law on Civil Servants (hereinafter referred to collectively as public officials);

c) State employees as defined in Article 2 of the Law on State Employees;

d) Civil servants, public officials, and state employees who have retired or left their positions (hereinafter referred to collectively as retirees or those who have left their positions).

3. Disciplinary actions against individuals working in confidential organizations shall be carried out in accordance with the laws on confidentiality.

Article 2. Principles for Disciplinary Sanctions

1. Objectivity, fairness; transparency, clarity; strictness, compliance with the law.

2. Each violation shall only be subject to one disciplinary measure. At the same time when considering disciplinary action, if a civil servant, public official, or state employee commits two or more violations, they shall be disciplined for each violation and a more severe disciplinary measure shall be applied than that for the most serious violation, except in cases where dismissal or forced resignation is imposed; individual contents of violations shall not be separated to impose multiple disciplinary measures of different types.

3. In cases where a civil servant, public official, or state employee continues to commit violations during the period of implementing a disciplinary decision, the following disciplinary measures shall be applied:

a) If the new violation is subject to a less severe or equal disciplinary sanction compared to the current disciplinary sanction being implemented, a more severe disciplinary sanction shall be applied, one level higher than the current disciplinary sanction;

b) If the new violation is subject to a more severe disciplinary measure than the current one, a disciplinary measure one level higher than that for the new violation shall be applied.

4. When considering disciplinary action, it must be based on the content, nature, degree, consequences, causes of the violation, aggravating or mitigating circumstances, attitude towards accepting and correcting, remedying shortcomings and violations, and resulting consequences.

5. Administrative penalties or party disciplinary measures shall not be substituted for administrative disciplinary measures; administrative disciplinary measures shall not substitute for criminal prosecution if the violation reaches the level requiring criminal prosecution.

6. If a civil servant, public official, or state employee has already been subject to party disciplinary measures, the administrative disciplinary measures must be at a level commensurate with the party disciplinary measures.

Within thirty days from the date of announcement of the party disciplinary decision, the agency, organization, or unit must consider and decide on administrative disciplinary measures.

7. Any acts infringing upon the body, spirit, honor, and dignity of individuals during the process of disciplinary action are strictly prohibited.

8. A civil servant, public official, or state employee who commits a violation for the first time and is subject to disciplinary action, and within twenty-four months from the effective date of the disciplinary decision commits the same violation again, shall be considered a repeat offender; outside the twenty-four-month period, committing such a violation shall be considered a first-time offense but shall be considered an aggravating circumstance when examining disciplinary action.Supplement

Article 3. Cases Not Subject to Disciplinary Action

1. Civil servants, public officials, and state employees who are on annual leave, leave under regulations, or personal leave granted by the competent authority.

2. Civil servants, public officials, and state employees who are undergoing treatment for serious illness or have lost their capacity to understand; are seriously ill and hospitalized with confirmation from a competent health authority.

3. Female civil servants, public officials, and state employees who are pregnant, on maternity leave, or caring for a child under twelve months old, or male civil servants, public officials, and state employees (in cases where their wife has died or due to other objective and irresistible reasons) caring for a child under twelve months old.

4. Civil servants, public officials, and state employees who are under investigation, detention, or arrest pending the conclusion of the investigation, prosecution, and trial by the competent authority regarding their violation of the law, except as decided by the competent authority.

Article 4. Cases Exempt from Disciplinary Liability

1. Being recognized by the competent authority as having lost civil capacity when committing a violation.

2. Must comply with the decision of a superior authority as stipulated in Clause 5, Article 9 of the Civil Servants Law.

3. Being recognized by the competent authority as having committed a violation under urgent circumstances, due to force majeure or other objective obstacles as provided for in the Civil Code while performing official duties.

4. Civil servants, public officials who have died after committing acts that warrant disciplinary action.

Article 5. Statute of limitations and period for disciplinary action

1. The statute of limitations and time limit for disciplinary action against civil servants shall be implemented according to Article 80 of the Civil Servants Law amended and supplemented by Clause 16, Article 1 of the Law Amending and Supplementing Certain Provisions of the Civil Servants Law and the Public Officials Law.

2. The statute of limitations and time limit for disciplinary action against public officials shall be implemented according to Article 53 of the Public Officials Law amended and supplemented by Clause 7, Article 2 of the Law Amending and Supplementing Certain Provisions of the Civil Servants Law and the Public Officials Law.

3. In cases where the matter involves multiple persons, evidence or means of transportation requiring appraisal, or other complex circumstances requiring additional time to clarify, the competent authority may extend the time limit for disciplinary action but not exceeding 150 days.

4. Not included in the time limit for disciplinary action are:

a) The time during which disciplinary action is not considered for cases stipulated in Article 3 of this Decree;

b) The time for criminal investigation, prosecution, and trial according to criminal procedure (if applicable);

c) The time for lodging a complaint or initiating an administrative lawsuit at the Court regarding the disciplinary decision until a new disciplinary decision is made according to the authority's decision.

Chapter II

VIOLATIONS AND DISCIPLINARY MEASURES

Section 1. VIOLATIONS

Article 6. Violations subject to disciplinary action

1. Civil servants, public officials who violate provisions on the obligations of civil servants, public officials; matters that civil servants, public officials are not allowed to do; internal regulations of agencies, organizations, units; violate ethics, lifestyle, or other laws while performing official duties shall be subject to disciplinary action.

2. The degree of violation is determined as follows:

a) Violations causing minor consequences are violations with moderate nature and degree of harm, affecting within the internal scope, impacting the reputation of the agency, organization, working unit.

b) Violations causing serious consequences are violations with significant nature and degree of harm, affecting beyond the internal scope, causing negative public opinion among civil servants, public officials, and the people, reducing the reputation of the agency, organization, working unit.

c) Violations causing very serious consequences are violations with extremely significant nature and degree of harm, affecting the entire society, causing highly negative public opinion among civil servants, public officials, and the people, damaging the reputation of the agency, organization, working unit.

c) Violations causing particularly serious consequences are violations with exceptionally significant nature and degree of harm, affecting widely throughout the entire society, causing particularly negative public opinion among civil servants, public officials, and the people, damaging the reputation of the agency, organization, working unit.

Section 2. DISCIPLINARY ACTIONS AGAINST CIVIL SERVANTS

Article 7. Disciplinary forms for cadres and civil servants

1. For cadres

a) Reprimand.

b) Warning.

c) Dismissal from position.

d) Dismissal.

2. Applied to civil servants not holding leadership or management positions.

a) Reprimand.

b) Warning.

c) Reduction in rank.

d) Compulsory resignation.

3. Applied to civil servants holding leadership or management positions.

a) Reprimand.

b) Warning.

c) Demotion.

d) Dismissal from position.

d) Compulsory resignation.

Article 8. Application of reprimand disciplinary form for cadres and civil servants

The reprimand disciplinary measure applies to civil servants who commit a first-time violation causing minor consequences, except for violations specified in Clause 3, Article 9 of this Decree, falling into one of the following categories:

1. Violating provisions on ethics and communication norms for civil servants; provisions of law regarding the performance of duties and responsibilities of civil servants; labor discipline; internal regulations of agencies, organizations, units;

2. Exploiting their position for personal gain; having arrogant, autocratic attitudes or creating difficulties and harassment for agencies, organizations, units, individuals in performing official duties; certifying or issuing legal documents for individuals who do not meet the conditions;

3. Failing to comply with decisions on job assignment or transfer made by the competent authority; failing to perform assigned tasks without justifiable reasons; causing division within the agency, organization, unit;

4. Violating provisions of law on crime prevention and control; social evil prevention and control; public order and safety; anti-corruption; thrift and waste prevention;

5. Violating provisions of law on state secrets protection;

6. Violating provisions of law on complaints and denunciations;

7. Violating provisions on democratic centralism rules, regulations on propaganda and public speaking, and internal political security protection;

8. Violating provisions of law on investment and construction; land, natural resources and environment; finance, accounting, banking; management and use of state assets during the performance of official duties;

9. Violating provisions of law on family violence prevention and control; population, marriage and family; gender equality; social welfare; other relevant legal provisions concerning civil servants.

Article 9. Application of warning disciplinary form for cadres and civil servants

The warning disciplinary form applies to cadres and civil servants whose violations fall under any of the following cases:

1. Having been previously disciplined with a reprimand according to Article 8 of this Decree and subsequently repeating the violation;

2. Committing a first-time violation causing serious consequences as specified in Article 8 of this Decree.

3. First-time violation causing less serious consequences falling under any of the following cases:

a) Leading and managing cadres and civil servants fail to properly and fully fulfill their management and operational responsibilities as assigned;

b) Heads of agencies, organizations, and units allow serious illegal acts within their jurisdiction without preventive measures.

Article 10. Application of the disciplinary measure of reducing pay grade for civil servants not holding leadership or management positions

The disciplinary measure of reducing pay grade shall be applied to civil servants not holding leadership or management positions in one of the following cases:

1. Having been previously disciplined with a warning according to Article 9 of this Decree and committing another violation;

2. Committing a first-time violation causing very serious consequences as specified in Article 8 of this Decree.

Article 11. Application of the disciplinary measure of demotion for civil servants holding leadership or management positions

The disciplinary measure of demotion shall be applied to civil servants holding leadership or management positions in one of the following cases:

1. Having been previously disciplined with a warning according to Article 9 of this Decree and committing another violation;

2. Committing a first-time violation causing serious consequences as specified in Clause 3 of Article 9 of this Decree;

3. Committing a first-time violation causing very serious consequences as specified in Article 8 of this Decree.

Article 12. Application of the disciplinary measure of removal from office for cadres and civil servants holding leadership or management positions

The removal from office disciplinary form applies to leading and managing cadres and civil servants in any of the following cases:

1. Civil servants holding leadership or management positions who have been previously disciplined with demotion according to Article 11 of this Decree and commit another violation, or cadres who have been previously disciplined with a warning according to Article 9 of this Decree and commit another violation;

2. Committing a first-time violation causing very serious consequences as specified in Clause 3 of Article 9 of this Decree;

3. Committing a first-time violation causing particularly serious consequences as specified in Article 8 of this Decree but not reaching the level of termination of employment, where the violator shows a willingness to accept, correct, and actively rectify the consequences and has mitigating circumstances;

4. Using illegal documents to be elected, approved, or appointed to a position.

Article 13. Application of the disciplinary measure of termination of employment for civil servants

The compulsory resignation disciplinary form applies to civil servants whose violations fall under any of the following cases:

1. Having been previously disciplined with removal from office for civil servants holding leadership or management positions or reduction of pay grade for civil servants not holding leadership or management positions and committing another violation;

2. Committing a first-time violation causing particularly serious consequences as specified in Article 8 of this Decree;

3. Using fake or illegal diplomas, certificates, or confirmation papers to be recruited into an agency, organization, or unit;

4. Being addicted to drugs; in this case, there must be a conclusion from a medical facility or a notification from an authorized agency;

5. In addition to the provisions of Clauses 1, 2, 3, and 4 of this Article, the disciplinary measure of termination of employment shall also be applied to civil servants holding leadership or management positions who commit a first-time violation causing particularly serious consequences as specified in Clause 3 of Article 9 of this Decree.

Article 14. Application of the disciplinary measure of dismissal for cadres

Cadres who violate as prescribed in the Law on Organization of the National Assembly, the Law on Organization of Local Administration, the Law on Election of Deputies to the National Assembly and People's Councils, and other relevant laws shall be dismissed. The authority, procedures, and formalities for dismissal shall be carried out in accordance with the law.

Section 3. DISCIPLINARY MEASURES AGAINST CIVIL SERVANTS

Article 15. Disciplinary measures against civil servants

1. Applied to civil servants not holding managerial positions

a) Reprimand.

b) Warning.

c) Compulsory termination of employment.

2. Applied to managerial civil servants

a) Reprimand.

b) Warning.

c) Dismissal from position.

d) Compulsory resignation.

A civil servant disciplined under any form prescribed in this Article may also be restricted from performing professional activities according to relevant laws.

Article 16. Application of reprimand disciplinary measure against civil servants

The reprimand disciplinary measure shall be applied to the first violation causing less serious consequences, except for violations stipulated in Clause 3, Article 17 of this Decree, falling within any of the following cases:

1. Failure to comply with procedures, professional regulations, ethical standards, and conduct rules while performing professional activities, having been officially reminded in writing by the competent authority;

2. Violation of laws concerning: performance of duties and responsibilities of civil servants; labor discipline; internal regulations and work rules of public service units approved by the competent authority, having been officially reminded in writing by the competent authority;

3. Exploiting job position for personal gain; showing arrogance, abuse of power, or causing difficulties and inconvenience to the people during the execution of tasks and assignments; certifying or issuing legal documents for individuals who do not meet the required conditions; insulting the dignity, reputation, and credibility of others while performing professional activities;

4. Refusal to comply with work assignment decisions made by the competent authority; failure to perform assigned tasks without justifiable reasons; causing division within the unit;

5. Violation of laws concerning: crime prevention and suppression; social evil prevention and suppression; public order and safety; anti-corruption; thrift and waste prevention;

6. Violation of laws concerning state secrets protection;

7. Violation of laws concerning complaints and denunciations;

8. Violation of laws concerning: investment and construction; land, natural resources, and environment; finance, accounting, and banking; management and use of public assets during professional activities;

9. Violation of laws concerning: family violence prevention; population, marriage, and family; gender equality; social security; other laws related to civil servants.

Article 17. Application of warning disciplinary measure against civil servants

The warning disciplinary measure shall be applied to civil servants whose actions fall within any of the following cases:

1. Having been previously disciplined with a reprimand for the violation stipulated in Article 16 of this Decree and committing the same violation again;

2. Committing a first-time violation causing serious consequences, falling within any of the cases stipulated in Article 16 of this Decree;

3. First-time violation causing less serious consequences falling under any of the following cases:

a) Managerial civil servants failing to properly fulfill their responsibilities, resulting in subordinates violating the law and causing serious consequences while performing professional activities;

b) Managerial civil servants failing to complete management and operational tasks as assigned without justifiable reasons.

Article 18. Application of dismissal disciplinary measure against managerial civil servants

The dismissal disciplinary measure shall be applied to managerial civil servants falling within any of the following cases:

1. Having been previously disciplined with a warning as stipulated in Article 17 of this Decree and committing the same violation again;

2. Committing a first-time violation causing very serious consequences, falling within any of the cases stipulated in Article 16 of this Decree;

3. Committing a first-time violation causing serious consequences, falling within any of the cases stipulated in Clause 3, Article 17 of this Decree;

4. Using illegal documents to obtain appointment to a position.

Article 19. Application of disciplinary measures to compel resignation for civil servants

Disciplinary measures to compel resignation shall be applied to civil servants who commit violations falling under any of the following circumstances:

1. Have been disciplined with the measure of removal from office for managerial civil servants or reprimand for non-managerial civil servants and repeat the violation;

2. Commit a first-time violation causing particularly serious consequences as specified in Article 16 of this Decree;

3. Managerial civil servants commit a first-time violation causing very serious or particularly serious consequences as specified in Clause 3, Article 17 of this Decree;

4. Use fake or illegal certificates, diplomas, or certificates of recognition to be recruited into agencies, organizations, or units;

5. Be addicted to drugs; in this case, there must be confirmation from a medical facility or notification from an authorized agency.

Chapter III

AUTHORITY AND PROCEDURE, PROCESS FOR DISCIPLINARY ACTION

Section 1. AUTHORITY AND PROCEDURES FOR DISCIPLINARY ACTION AGAINST OFFICIALS

Article 20. Authority to impose disciplinary action on officials

The authority to impose disciplinary action against cadres is stipulated as follows:

1. The authority that approves and decides on election results has the authority to impose disciplinary action, except in cases stipulated in Clause 2 of this Article;

2. For positions and titles in state administrative agencies approved by the National Assembly, the Prime Minister issues the decision to impose disciplinary action.

Article 21. Procedures and formalities for imposing disciplinary action on officials

1. Based on the disciplinary decision of the competent authority, the advisory body on cadre work of the disciplinary authority proposes the form of disciplinary action, the time of disciplinary action, and the duration of enforcement. In cases where the disciplinary time limit has expired, it reports to the competent authority specified in Article 20 of this Decree to decide on organizing a review meeting, examining responsibility, and handling according to its authority.

In cases within the authority of the Standing Committee of the National Assembly or the Prime Minister, the management and usage authority proposes the form of disciplinary action, the time of disciplinary action, and the duration of enforcement.

In cases under the disciplinary authority of the Prime Minister, the proposal is simultaneously submitted to the Ministry of Home Affairs for review, reported to the Prime Minister for consideration and decision.

In cases where there is no disciplinary decision from the competent authority, the procedures and formalities for imposing disciplinary action on officials are implemented as prescribed in Clauses 1 and 2 of Article 25 of this Decree. The competent authority to impose disciplinary action specified in Article 20 of this Decree decides on the composition of the review meeting and the Disciplinary Council.

2. The competent authority issues the disciplinary decision.

Section 2. AUTHORITY AND PROCEDURES FOR DISCIPLINARY ACTION AGAINST RETIRED PERSONNEL

Article 22. Authority to impose disciplinary action on retired personnel

The authority to impose disciplinary action on retired personnel is regulated as follows:

1. In cases where the disciplinary measure is removal of qualification from position or title, the authority that approves and decides on the election results or appointment to the highest position or title issues the disciplinary decision, except in cases stipulated in Clause 3 of this Article. In such cases, the authority decides on the handling of other related positions or titles.

2. In cases where the disciplinary measure is reprimand or warning, the authority that approves and decides on the election results or appointment to the position or title issues the disciplinary decision, except in cases stipulated in Clause 3 of this Article.

3. For those holding positions or titles in state administrative agencies approved by the National Assembly, the Prime Minister shall issue the disciplinary decision.

Article 23. Procedures and formalities for imposing disciplinary action on retired personnel

1. Based on the disciplinary decision of the competent authority, the advisory body on cadre work of the disciplinary authority proposes the form of disciplinary action, the time of disciplinary action, and the duration of enforcement.

In cases within the disciplinary authority of the Standing Committee of the National Assembly or the Prime Minister, the management and usage authority proposes the form of disciplinary action, the time of disciplinary action, and the duration of enforcement.

In cases under the disciplinary authority of the Prime Minister, the proposal is simultaneously submitted to the Ministry of Home Affairs for review, reported to the Prime Minister for consideration and decision.

In cases where there is no disciplinary decision from the competent authority for retired personnel who committed violations during their service period, the competent authority to impose disciplinary action specified in Article 22 of this Decree decides on the disciplinary action and bears responsibility for its decision.

2. The competent authority issues the disciplinary decision.

Mục 3. AUTHORITY AND PROCEDURES FOR DISCIPLINARY ACTION AGAINST PUBLIC OFFICIALS

Article 24. Authority for disciplinary action against public officials

1. For public officials holding leadership or management positions, or heads of agencies, organizations, or units with the authority to appoint or delegated appointment authority shall conduct disciplinary actions and decide on the form of disciplinary measures.

2. For public officials not holding leadership or management positions, the head of the managing agency or the head of the agency with delegated management authority shall conduct disciplinary actions and decide on the form of disciplinary measures. In cases involving communal-level public officials, the Chairman of the People's Committee at the district level shall conduct disciplinary actions and decide on the form of disciplinary measures.

3. For temporarily assigned public officials, the head of the agency where the public official is assigned shall conduct disciplinary actions, unify the form of disciplinary measures with the agency that assigns the temporary assignment before deciding on the form of disciplinary measures.

The disciplinary file and decision for dispatched civil servants must be sent back to the agency managing the dispatched civil servants.

4. In cases where a public official commits a violation during their work at a previous agency, organization, or unit but such violation is only discovered when they transfer to a new agency and is still within the statute of limitations for disciplinary action, the former agency where the public official worked shall conduct disciplinary actions. The disciplinary file and decision must be sent to the current working agency.

In cases where the agency with the authority to conduct disciplinary actions has been dissolved, divided, separated, merged, or consolidated, those responsible individuals must hand over the files so that the current working agency can carry out the disciplinary actions.

Disciplinary files and decisions regarding public officials must be sent to the agency managing public officials.

5. For public officials working in People's Courts and People's Procuratorates, the authority for disciplinary actions shall be carried out according to the regulations of the competent authority managing public officials.

Article 25. Procedures and formalities for disciplinary actions against public officials

Disciplinary actions against public officials shall be carried out through the following steps:

1. Organize a meeting for criticism and self-criticism;

2. Establish a Disciplinary Board;

3. The competent authority issues a decision on disciplinary action.

In cases where disciplinary actions are conducted based on the decision of the competent authority as stipulated in Clause 4, Article 3 of this Decree, the provisions of Clause 1 of this Article shall not be implemented.

In cases where a public official violates the law and is sentenced to imprisonment without probation or convicted of corruption, the provisions of Clauses 1 and 2 of this Article shall not be implemented.

Article 26. Organizing meetings for criticism and self-criticism of public officials

1. Responsibility for organizing the meeting for criticism and self-criticism

a) In cases where the person being criticized is a public official not holding a leadership or management position, the head of the agency, organization, or unit employing the public official shall be responsible for organizing the meeting for criticism and self-criticism. The participants in the meeting shall follow the provisions of Clause 2 of this Article.

b) In cases where the person being criticized is the head or deputy head, the leader of the directly superior agency of the employing agency shall be responsible for organizing the meeting for criticism and self-criticism and determining the participants in the meeting.

2. Participants in the meeting for criticism and self-criticism

a) In cases where the agency, organization, or unit where the public official works is a component unit, the participants in the meeting are all public officials of the component unit; representatives of leadership, party committees, trade unions, and advisory bodies on organizational and personnel affairs of the employing agency, organization, or unit.

b) In cases where the employing agency, organization, or unit does not have a component unit, the participants in the meeting for criticism and self-criticism are all public officials of the employing agency, organization, or unit.

c) In cases where the person being criticized is a civil servant assigned on a special mission, in addition to the participants prescribed in points a and b of this clause, there must also be a representative of the leadership of the agency assigning the civil servant on a special mission.

d) In cases where the person being criticized is a communal-level public official, the participants in the meeting are representatives of leadership party committees, governments, and related political-social organizations, and all public officials of the People's Committee at the commune level.

3. The organization of the meeting for criticism and self-criticism shall be conducted as follows:

a) The chairperson of the meeting announces the purpose of the meeting and reports or authorizes the advisory body on organizational and personnel affairs to report the following contents: summary of the work process; violation behavior; forms of handling already issued (if any); time of occurrence and discovery of the violation; aggravating and mitigating circumstances of the violator; statute of limitations and deadline for handling according to the law;

b) The violator presents a self-criticism report, clearly stating the violation and self-imposed disciplinary measure.

In cases where the person who committed the violation is present at the meeting but does not write a self-criticism report, the meeting for criticism and self-criticism shall still be held.

In cases where the violator is absent, the meeting for criticism and self-criticism shall proceed after two notifications of the meeting summons;

c) Participants in the meeting express their opinions on the contents specified in point a of this clause;

d) The chairperson of the meeting concludes.

The content of the meeting for criticism and self-criticism must be recorded in a minutes document.

4. Within three working days from the end of the meeting for criticism and self-criticism, the chairperson of the meeting sends the report and minutes of the meeting for criticism and self-criticism to the competent authority for disciplinary action. The report must clearly state the following contents:

a) The violation, nature, and consequences of the violation;

b) Aggravating and mitigating circumstances;

c) Responsibility of the violator;

d) Statute of limitations and deadline for disciplinary action according to the law;

đ) Recommendations for disciplinary action; disciplinary measures (if any) and procedures for implementation.

Article 27. Disciplinary Council for Civil Servants

1. The competent authority shall decide to establish a Disciplinary Council to advise on the application of disciplinary measures against civil servants who have committed violations no later than five working days from the date of receipt of the report and the minutes of the meeting to review the situation, except for cases stipulated in Clause 3 of this Article.

2. Principles of operation of the Disciplinary Council

a) The Disciplinary Council shall convene when at least three members attend, including the Chairman and Secretary of the Council.

b) The Disciplinary Council shall propose the application of disciplinary measures through secret ballot.

c) The meeting of the Disciplinary Council must be recorded in the minutes, clearly reflecting the opinions of the attending members and the results of the secret ballot proposing disciplinary measures.

d) The Disciplinary Council dissolves itself after completing its tasks.

3. Cases where a Disciplinary Council is not established

a) There is a conclusion by the competent agency or organization regarding the violation, which includes a proposed disciplinary measure.

b) There is a decision on party disciplinary action.

In cases specified in points a and b of this clause, the conclusions about the violations can be used without the need for re-investigation or verification.

Article 28. Composition of the Disciplinary Council for Civil Servants

1. For civil servants not holding leadership or management positions, the Disciplinary Council shall consist of five members, including:

a) The Chairman of the Council is the head or deputy head of the agency managing civil servants or the agency delegated to manage civil servants.

b) One member of the Council is the head or deputy head of the unit directly using the services of the civil servant.

c) One member of the Council is a representative of the Party Committee of the unit directly using the services of the civil servant.

d) One member of the Council is a representative of the Trade Union Executive Board of the agency managing civil servants or the agency delegated to manage civil servants.

đ) One member serving as the Secretary of the Council is a representative of the agency providing advisory services on organizational and personnel matters for the agency managing civil servants or the agency delegated to manage civil servants.

2. For civil servants holding leadership or management positions, the Disciplinary Council shall consist of five members, including:

a) The Chairman of the Council is the head or deputy head of the agency managing civil servants or the agency delegated to manage civil servants.

b) One member of the Council is the head or deputy head of the unit directly using the services of the civil servant.

c) One member of the Council is a representative of the Party Organization of the agency managing civil servants or the agency delegated to manage civil servants.

d) One member of the Council is a representative of the Trade Union Executive Board of the agency managing civil servants or the agency delegated to manage civil servants.

đ) One member serving as the Secretary of the Council is a representative of the agency providing advisory services on organizational and personnel matters for the agency managing civil servants or the agency delegated to manage civil servants.

3. For civil servants at commune level, the Disciplinary Council shall consist of five members, including:

a) The Chairman of the Council is the Chairman or Deputy Chairman of the People's Committee of the district.

b) One member of the Council is a representative of the Federation of Labor Unions of the district.

c) One member of the Council is a representative of the leadership of the People's Committee of the commune where the civil servant under consideration for disciplinary action is located.

d) One member of the Council is a representative of the leadership of the specialized department of the district directly managing the professional and vocational affairs of the commune-level civil servant under consideration for disciplinary action, or a representative of the leadership of the Military Command Department of the district if the civil servant violated is the Commune Military Commander, or a representative of the leadership of the Police Department of the district if the civil servant violated is the Chief of the Commune Police Station (applicable to communes and towns that have not organized regular police stations according to the Law on People's Public Security dated November 20, 2018).

d) One member serving as the Secretary of the Council is a representative of the leadership of the Civil Service Department of the district.

4. It is not allowed to appoint the spouse, father, mother, adoptive father, adoptive mother, son, adopted son, brother, sister, brother-in-law, sister-in-law, husband's sister, wife's brother, or any person with rights or obligations related to the violation of the civil servant under consideration for disciplinary action as a member of the Disciplinary Council.

5. If the head or all deputies of the head of the agency managing civil servants or the agency delegated to manage civil servants are persons with rights or obligations related to the violation of the civil servant under consideration for disciplinary action, then the leader of the immediate superior agency of the agency managing civil servants or the agency delegated to manage civil servants shall serve as the Chairman of the Council.

6. If the head or all deputies of the head of the unit directly using the services of the civil servant are persons with rights or obligations related to the violation of the civil servant under consideration for disciplinary action, then one civil servant from the unit directly using the services of the civil servant who has committed the violation shall be appointed as a substitute.

Article 29. Organizing the Disciplinary Council Meeting for Civil Servants with Violating Conduct

1. Preparations for the Meeting

a) At least seven working days before organizing the meeting of the Disciplinary Council, the summons to attend the meeting must be sent to the civil servant with violating conduct. The absence of the civil servant with violating conduct must be due to legitimate reasons. In case the civil servant with violating conduct is absent after three summonses have been sent, the Disciplinary Council shall proceed with the meeting even if the civil servant remains absent.

b) The Disciplinary Council may invite representatives from political organizations and socio-political organizations of the agency, organization, or unit where the civil servant with violating conduct works; representatives from related agencies, organizations, units, and individuals to attend the meeting. Those invited to attend the meeting have the right to express opinions and propose disciplinary measures but are not allowed to vote on the form of discipline.

c) The member兼任秘书的纪律委员会成员负责准备与处理纪律有关的文件和档案，记录纪律委员会会议纪要。

d) The disciplinary handling file submitted to the Disciplinary Council includes the self-criticism statement, the summary of the civil servant's curriculum vitae, the minutes of the self-criticism meeting of the agency, organization, or unit employing the civil servant, and other relevant documents.

2. Procedure for the Meeting

a) The Chairman of the Disciplinary Council announces the reason and introduces the participants.

b) The member兼任秘书的纪律委员会成员 reads the summary of the civil servant's curriculum vitae and other relevant documents.

c) The civil servant with violating conduct reads the self-criticism statement.

If the civil servant with violating conduct is absent but has a self-criticism statement, the Secretary of the Disciplinary Council shall read it on their behalf; if present but does not prepare a self-criticism statement or is absent without a self-criticism statement, the Disciplinary Council shall proceed with the remaining procedures of the meeting as stipulated in this clause.

d) The member兼任秘书的纪律委员会成员reads the minutes of the self-criticism meeting.

đ) Members of the Disciplinary Council and attendees discuss and express their opinions.

e) The civil servant with violating conduct expresses their opinion; if the civil servant with violating conduct does not express an opinion or is absent, the Disciplinary Council shall proceed with the remaining procedures of the meeting as stipulated in this clause.

g) The Disciplinary Council votes on whether to impose discipline or not; if the majority recommends imposing discipline, they vote on the form of discipline; the voting is conducted by secret ballot through cumulative voting.

h) The Chairman of the Disciplinary Council announces the results of the secret ballot and approves the minutes of the meeting.

i) The Chairman of the Disciplinary Council and the member兼任秘书的纪律委员会成员sign the minutes of the meeting.

3. In cases where multiple civil servants within the same organization or unit have violated rules, the Disciplinary Council convenes to examine and impose disciplinary measures on each civil servant separately.

Article 30. Decision on Disciplinary Measures for Civil Servants

1. Procedure for Issuing a Disciplinary Decision

a) Within five working days from the date of the conclusion of the meeting, the Disciplinary Council must submit a written recommendation on disciplinary measures (accompanied by the minutes of the Disciplinary Council meeting and the disciplinary handling file) to the competent authority responsible for disciplinary measures.

b) Within five working days from the date of receipt of the written recommendation of the Disciplinary Council in cases where the Disciplinary Council is established or the minutes of the self-criticism meeting of the agency, organization, or unit in cases where the Disciplinary Council is not established or the proposal of the advisory body on organizational and personnel work of the competent authority responsible for disciplinary measures, the competent authority responsible for disciplinary measures shall issue a decision on disciplinary measures or conclude that the civil servant did not violate the law.

c) In cases where the violation of the civil servant involves complex circumstances, the competent authority responsible for disciplinary measures decides to extend the time limit for disciplinary measures and bears responsibility for its decision.

2. In cases where a civil servant with violating conduct is sentenced to imprisonment by the Court without probation or is convicted of corruption, within fifteen working days from the date of receipt of the effective judgment of the Court, the competent authority responsible for disciplinary measures shall issue a decision on disciplinary measures to terminate employment.

3. The disciplinary decision must clearly state the effective date of implementation.

4. The decision on disciplinary measures for cadres and civil servants takes effect for twelve months from the date of effectiveness. During this period, if the civil servant does not continue to commit violations of the law requiring disciplinary measures, the decision on disciplinary measures shall automatically cease to be effective without the need for a document terminating its effectiveness.

If the civil servant continues to commit violations of the law during the implementation of the disciplinary decision, they shall be handled according to the provisions of Clause 3, Article 2 of this Decree. The disciplinary decision being implemented ceases to be effective from the date the disciplinary decision for the new violation of the law becomes effective. Relevant documents concerning the disciplinary handling and the disciplinary decision must be kept in the civil servant's file. The form of discipline must be recorded in the civil servant's curriculum vitae.

Mục 4. AUTHORITY AND PROCEDURES FOR DISCIPLINARY ACTION AGAINST CIVIL SERVANTS

Article 31. Authority for Disciplinary Action Against Civil Servants

1. For managing public officials, the head of the agency, organization, or unit authorized to appoint them shall conduct disciplinary proceedings and decide on the form of disciplinary action.

For civil servants holding positions or titles elected through voting, the authority with approval power shall confirm the election results, proceed to handle disciplinary actions, and decide on the form of disciplinary measures.

2. For civil servants not holding management positions, the head of the public service institution managing such civil servants shall conduct disciplinary actions and decide on the form of disciplinary measures.

3. For civil servants on secondment, the head of the agency, organization, or unit where the civil servant is seconded shall examine and handle disciplinary actions, propose forms of disciplinary measures. The disciplinary action file must be sent back to the public service institution that seconded the civil servant to make a disciplinary decision within its authority.

4. In cases where a civil servant violates regulations during their work at a previous agency, organization, or unit but the violation is only discovered after transferring to a new agency, organization, or unit and is still within the statute of limitations for disciplinary action, the authority to conduct and impose disciplinary action belongs to the previous agency, organization, or unit where the civil servant worked. The disciplinary file and decision must be sent to the current agency, organization, or unit managing the civil servant.

In cases where the public service institution previously dissolved, merged, consolidated, divided, or separated, those responsible must hand over the files so that the current public service institution managing the civil servant can carry out the disciplinary action.

5. For civil servants working in People's Courts and People's Procuratorates, the authority to impose disciplinary actions shall be carried out according to the provisions of the competent authority managing the civil servants.

Article 32. Procedures and Formalities for Disciplinary Actions Against Civil Servants

Disciplinary actions against civil servants are implemented through the following steps:

1. Organize a meeting for criticism and self-criticism;

2. Establish a Disciplinary Board;

3. The competent authority issues a decision on disciplinary action.

For cases stipulated in Clause 4, Article 3 of this Decree, Clause 1 of this Article shall not be implemented.

In cases where a civil servant violates the law and is sentenced to imprisonment without probation or is convicted of corruption by the Court, Clauses 1 and 2 of this Article shall not be implemented.

Article 33. Organizing Meetings for Self-Criticism by Civil Servants

1. Responsibility for organizing the meeting for criticism and self-criticism

a) For civil servants in management positions or heads of agencies, organizations, or units authorized to appoint, they are responsible for organizing self-criticism meetings and deciding on the participants.

b) For civil servants not holding management positions, the head of the public service institution managing such civil servants is responsible for organizing disciplinary meetings; the participants follow Clause 2 of this Article.

2. The participants in the meeting specified in point b, Clause 1 of this Article are defined as follows:

a) When the agency, organization, or unit where the civil servant works is a component unit, the participants in the meeting are all civil servants of the component unit and representatives of leadership, party committees, and trade unions of the unit;

b) When the agency, organization, or unit managing the civil servant does not have a component unit, the participants in the self-criticism meeting are all civil servants of the agency, organization, or unit;

c) When the person being criticized is a civil servant on secondment, in addition to the participants specified in points a and b of this clause, there must also be representatives of the leadership of the agency seconding the civil servant.

3. The organization of the meeting for criticism and self-criticism shall be conducted as follows:

a) The chairperson of the meeting announces the purpose of the meeting and reports or authorizes the advisory body on organizational and personnel affairs to report the following contents: summary of the work process; violation behavior; forms of handling already issued (if any); time of occurrence and discovery of the violation; aggravating and mitigating circumstances of the violator; statute of limitations and deadline for handling according to the law;

 b) The person who violated the rules presents a self-criticism report, clearly stating the violation and self-imposed disciplinary measures.

In cases where the person who committed the violation is present at the meeting but does not write a self-criticism report, the meeting for criticism and self-criticism shall still be held.

In cases where the violator is absent, the meeting for criticism and self-criticism shall proceed after two notifications of the meeting summons;

c) Participants in the meeting express their opinions on the contents specified in point a of this clause;

d) The chairperson of the meeting concludes.

The content of the meeting for criticism and self-criticism must be recorded in a minutes document.

4. Within three working days from the end of the self-criticism meeting, the chairperson of the meeting is responsible for sending the report and minutes of the meeting to the authority with the power to handle disciplinary actions. The report must clearly state the following contents:

a) The violation, nature, and consequences of the violation;

b) Aggravating and mitigating circumstances;

c) The responsibility of the person who violated the rules and the corresponding level of disciplinary action.

d) Statute of limitations and deadline for disciplinary action according to the law;

đ) Recommendations for disciplinary action; disciplinary measures (if any) and procedures for implementation.

Article 34. Disciplinary Council for Civil Servants

1. The competent authority with the power to impose disciplinary sanctions as stipulated in Article 31 of this Decree shall decide to establish a Disciplinary Council to advise on the application of disciplinary measures against civil servants who have committed violations, except for the cases specified in Clause 3 of this Article.

2. Principles of operation of the Disciplinary Council

a) The Disciplinary Council shall convene when at least three members are present, including the Chairman and Secretary of the Council.

b) The Disciplinary Council shall propose the application of disciplinary measures through secret ballot.

c) The meeting of the Disciplinary Council must be recorded in the minutes, clearly reflecting the opinions of the attending members and the results of the secret ballot proposing disciplinary measures.

d) The Disciplinary Council dissolves itself after completing its tasks.

3. Cases where a Disciplinary Council is not established

a) There is a conclusion by the competent agency or organization regarding the violation, which includes a proposed disciplinary measure.

b) There is a decision on party disciplinary action.

In cases specified in points a and b of this clause, the conclusions about the violations can be used without the need for re-investigation or verification.

Article 35. Composition of the Disciplinary Council for Civil Servants

1. For non-managerial civil servants and public service units managing civil servants without component units, the Disciplinary Council shall consist of three members, including:

a) The Chairman of the Council is the head or deputy head of the public service unit managing the civil servant;

b) One member of the Council is the representative of the Trade Union Executive Committee of the public service unit managing the civil servant;

c) One member兼任秘书的委员是公共事业单位管理人员事和干部工作的代表。

2. For non-managerial civil servants and public service units managing civil servants with component units, the Disciplinary Council shall consist of five members, including:

a) The Chairman of the Council is the head or deputy head of the public service unit managing the civil servant or the unit authorized to manage the civil servant;

b) One member of the Council is the head or deputy head of the unit directly using the civil servant;

c) One member of the Council is the representative of the Party organization of the unit directly using the civil servant;

d) One member of the Council is the representative of the Trade Union Executive Committee of the public service unit managing the civil servant or the unit authorized to manage the civil servant;

e) One member兼任秘书的委员是公共事业单位管理人员事和干部工作的代表。

3. For managerial civil servants who have committed violations, the Disciplinary Council shall consist of five members, including:

a) The Chairman of the Council is the head or deputy head of the agency, organization, or unit with the authority to appoint or approve, or decide to recognize the civil servant;

b) One member of the Council is the head or deputy head of the unit managing or authorized to manage the civil servant; if the appointing level is also the management level, then the member of the Council is the head or deputy head of the unit directly using the civil servant;

c) One member of the Council is the representative of the Party organization of the public service unit managing the civil servant or the unit authorized to manage the civil servant;

d) One member of the Council is the representative of the Trade Union Executive Committee of the unit managing the civil servant or the unit authorized to manage the civil servant;

e) One member兼任秘书的委员是具有处理公务员纪律处分权限的机关、组织或单位的人事和干部工作代表。

4. It is not allowed to appoint the spouse, father, mother, adoptive father, adoptive mother, son, adopted son, brother, sister, brother-in-law, sister-in-law, husband's sister, wife's brother, or any person having rights or obligations related to the violation of the civil servant under review as a member of the Disciplinary Council.

5. In case the head or all deputies of the head of the agency, organization, or unit specified in point a Clause 1, point a Clause 2, or point a Clause 3 of this Article are persons having rights or obligations related to the violation of the civil servant under review, then the leader of the immediate superior agency, organization, or unit shall be the Chairman of the Council.

6. In case the head or all deputies of the head of the unit directly using the civil servant are persons having rights or obligations related to the violation of the civil servant under review, then one civil servant from the unit directly using the civil servant who has committed the violation shall be appointed as a member.

Article 36. Organizing the Disciplinary Council Meeting for Civil Servants

1. Preparations for the Meeting

a) At least seven working days before organizing the disciplinary council meeting, the summons must be sent to the civil servant who has committed the violation. The absence of the civil servant who has committed the violation must be due to a valid reason. In case the civil servant is absent after three summonses have been sent, the disciplinary council shall proceed with the meeting even if the civil servant remains absent.

b) The disciplinary council may invite representatives from political organizations and socio-political organizations of the agency, organization, or unit where the civil servant who has committed the violation works; representatives from related agencies, organizations, units, and individuals to attend the meeting. Those invited to attend the meeting have the right to express opinions and propose disciplinary measures but are not allowed to vote on such measures.

c) The member兼任秘书的纪律委员会成员负责准备与处理纪律有关的文件和档案，记录纪律委员会会议纪要。

d) The disciplinary council's file for handling disciplinary actions includes: the self-criticism statement, extracts from the civil servant’s curriculum vitae who has committed the violation, the minutes of the meeting for criticizing the civil servant conducted by the agency, organization, or unit employing the civil servant, and other relevant documents.

2. Procedure for the Meeting

a) The Chairman of the Disciplinary Council announces the reason and introduces the participants.

b) The member兼任秘书的纪律委员会成员应宣读违规公务员简历摘要和其他相关文件。

c) The civil servant who has committed the violation reads the self-criticism statement.

If the civil servant who has committed the violation is absent but has submitted a self-criticism statement, the secretary of the disciplinary council will read it on their behalf; if present but does not submit a self-criticism statement or is absent without submitting one, the disciplinary council will proceed with the remaining procedures of the meeting as stipulated in this clause.

d) The member兼任秘书的纪律委员会成员reads the minutes of the self-criticism meeting.

đ) Members of the Disciplinary Council and attendees discuss and express their opinions.

e) The civil servant who has committed the violation expresses their opinion; if the civil servant who has committed the violation does not express their opinion or is absent, the disciplinary council will proceed with the remaining procedures of the meeting as stipulated in this clause.

g) The Disciplinary Council votes on whether to impose discipline or not; if the majority recommends imposing discipline, they vote on the form of discipline; the voting is conducted by secret ballot through cumulative voting.

h) The Chairman of the Disciplinary Council announces the results of the secret ballot and approves the minutes of the meeting.

i) The Chairman of the disciplinary council and the member兼任秘书的纪律委员会成员负责签署会议记录。

3. Where multiple civil servants within the same agency, organization, or unit commit violations, the disciplinary council shall convene to examine and handle disciplinary actions against each civil servant.

Article 37. Decision on Disciplinary Action Against Civil Servants

1. Procedure for Issuing a Disciplinary Decision

a) Within five working days from the end of the meeting, the disciplinary council must submit a written recommendation for disciplinary action along with the meeting minutes and the disciplinary handling file to the competent authority responsible for disciplinary action.

b) Within five working days from receiving the disciplinary council's recommendation letter when the disciplinary council is established or the inspection meeting minutes of the agency, organization, or unit when the disciplinary council is not established or the advisory document from the organizational and personnel affairs department of the competent authority responsible for disciplinary action, the competent authority responsible for disciplinary action shall issue a disciplinary decision or conclude that the civil servant did not violate the law.

c) In cases where the civil servant's violation involves complex circumstances, the competent authority responsible for disciplinary action decides to extend the disciplinary handling period and bears responsibility for its decision.

2. Where a civil servant who has committed a violation is sentenced to imprisonment by the court without probation or is convicted of corruption, within fifteen working days from receiving the court's effective judgment, the competent authority responsible for disciplinary action shall issue a disciplinary decision to terminate employment.

3. The disciplinary decision must clearly state the effective date of implementation.

4. A disciplinary decision against a civil servant takes effect for twelve months from the date of implementation. During this period, if the civil servant does not continue to commit violations warranting disciplinary action, the disciplinary decision automatically ceases to be effective without requiring a separate document to terminate its effectiveness.

If the civil servant continues to commit violations during the implementation of the disciplinary decision, they shall be handled according to the provisions of Clause 3, Article 2 of this Decree. The disciplinary decision being implemented ceases to be effective from the date the new disciplinary decision for the new violation becomes effective. Relevant documents concerning disciplinary actions and decisions must be kept in the civil servant's file. The form of disciplinary action must be recorded in the civil servant's curriculum vitae.

Chapter IV

OTHER RELATED PROVISIONS ON DISCIPLINARY ACTION

Article 38. Relevant Provisions when Considering Disciplinary Action

1. Officials, civil servants, and public employees who commit acts violating the law during the period of consideration for disciplinary action, during the disciplinary action period, or during the period of investigation, prosecution, or trial, and have reached retirement age shall still proceed with the procedures to enjoy retirement benefits.

2. In cases where the Disciplinary Council has issued a recommendation regarding disciplinary action but has not yet made a disciplinary decision, and additional circumstances related to disciplinary violations are discovered, or other acts violating the law by officials, civil servants, and public employees under consideration for disciplinary action are found, the Disciplinary Council shall reconsider and recommend a new form of disciplinary action.

3. The application of the dismissal from position disciplinary measure for civil servants holding judicial positions shall be carried out in accordance with the provisions of this Decree and the specialized laws.

Article 39. Relevant Provisions after Issuing a Disciplinary Decision against Officials and Civil Servants

1. Civil servants disciplined with a reduction in pay grade, if currently receiving pay at grade 2 or higher of the rank or position, shall be placed in the next lower pay grade. The time spent at the new pay grade begins on the effective date of the disciplinary decision. The time for considering promotion to the previous pay grade before being disciplined will be calculated from the effective date of the disciplinary decision. The time spent at the previous pay grade before being demoted will be preserved for consideration in the next promotion. If the civil servant is currently receiving pay at grade 1 or receiving an overtime allowance exceeding the framework of the rank or position, the reduction in pay grade disciplinary measure shall not apply; the competent authority shall consider applying an appropriate disciplinary measure based on the nature and severity of the violation of the law.

2. Civil servants disciplined with compulsory termination of employment

a) Civil servants disciplined with compulsory termination of employment shall not be entitled to severance benefits but shall be confirmed by the social insurance agency for the time worked and social insurance contributions to implement social insurance benefits according to the law.

b) The competent authority managing civil servants responsible for retaining the files of civil servants disciplined with compulsory termination of employment shall provide a summary of their records and comments (with confirmation) upon request.

c) After twelve months from the effective date of the compulsory termination of employment disciplinary decision, civil servants disciplined with compulsory termination of employment may register to take part in recruitment for state agencies, organizations, and units. In cases where compulsory termination of employment is due to corruption, embezzlement, or violation of professional ethics, they shall not be eligible to register for recruitment in agencies or positions related to the duties and responsibilities previously held.

3. In cases where civil servants holding leadership or management positions commit acts violating the law and are disciplined with demotion but there is no lower position available, they shall be demoted to a position that does not exist.

4. A disciplinary decision against officials and civil servants which has been concluded by the competent authority or Court to be wrongful or erroneous must be publicly announced by the head of the agency, organization, or unit where the official or civil servant works within ten working days from the date of the conclusion document of the competent authority or from the date the Court's decision becomes effective. In cases where a disciplinary decision was issued based on the appellate judgment's conclusion and there is no conclusion of wrongful or erroneous decision by the competent authority, but later there is a change in the sentence according to the law on procedure, the handling of the issued disciplinary decision shall be reviewed and decided by the competent authority issuing the disciplinary decision.

5. Civil servants disciplined with demotion, dismissal, or compulsory termination of employment, subsequently concluded by the competent authority or Court to be wrongful or erroneous, and whose former positions have been filled by others, the head of the competent authority shall be responsible for assigning them to suitable positions or leadership roles.

6. In cases where civil servants commit violations during the implementation of a disciplinary decision involving a reduction in pay grade, when applying a new disciplinary measure, the previous pay grade reduction must be restored.

7. In cases where the competent authority resolving complaints and denunciations concludes that the disciplinary action against civil servants was conducted incorrectly regarding the application of disciplinary measures, procedures, and jurisdiction, the disciplinary authority must issue a decision to revoke the previously issued disciplinary decision; simultaneously, the disciplinary authority must re-examine and impose disciplinary action on the civil servant in accordance with the provisions of this Decree.

Article 40. Provisions related to civil servants after disciplinary decisions

1. Civil servants subject to disciplinary action resulting in compulsory termination of employment

a) Civil servants subject to disciplinary action resulting in compulsory termination of employment shall not be entitled to severance benefits but shall have their time of service recognized by the social insurance agency for the purpose of implementing social insurance benefits in accordance with the provisions of the law.

b) Publicly funded事业单位有权管理的工作人员被纪律处分导致强制终止劳动合同的，该单位有责任保留其档案，并在工作人员要求时提供档案副本和工作表现评语（经确认）。

c) After twelve months from the date on which the decision on compulsory termination of employment takes effect, civil servants subject to disciplinary action resulting in compulsory termination of employment may register to take part in recruitment at state agencies, organizations, and units. In cases where disciplinary action resulting in compulsory termination of employment is due to corruption, embezzlement, or violation of professional ethics, they shall not be allowed to register for positions related to the duties previously held.

2. If the disciplinary decision against a civil servant has been concluded by the competent authority or court as being wrongful, the head of the publicly funded事业单位应在接到有权机关结论文书之日起或法院决定生效之日起十个工作日内，在该工作人员所在单位公开宣布。如果根据终审判决的结论作出纪律处分决定，且没有有权机关认定为错案，但之后根据法律规定对新判决进行了处罚变更，则有权作出纪律处分决定的机关应进行审查并作出决定。

3. If a civil servant subjected to disciplinary action in the form of removal from office or compulsory termination of employment is later concluded by the competent authority or court as being wrongful, and the former position has already been filled by another person, the head of the publicly funded事业单位有责任重新安排到适合的工作岗位或管理职务。

4. Where the competent authority handling complaints or accusations concludes that the disciplinary action against a civil servant was improperly conducted in terms of the application of disciplinary measures, procedures, and jurisdiction, the authority that signed the disciplinary decision must issue a decision to revoke the disciplinary decision; simultaneously, the publicly funded事业单位处理纪律处分的单位必须按照本条例的规定重新审查并作出纪律处分决定。

Article 41. Regulations and policies for cases during temporary detention, arrest, suspension of work, or suspension of duties

For cadres, public officials, and civil servants who are in a period of temporary detention, arrest, suspension of work, or suspension of duties without having been subject to disciplinary action, the following regulations apply:

1. During the period of temporary detention, arrest, or release on bail with restrictions on residence, if they cannot continue working for investigation, prosecution, trial purposes, or are suspended from work without being subject to disciplinary action, they shall be entitled to fifty percent of their current salary, plus leadership position allowances, seniority allowances exceeding the standard range, occupational seniority allowances, and salary retention differential coefficients (if applicable).

If cadres, public officials, or civil servants holding leadership positions are suspended from their duties, they shall not be entitled to leadership position allowances.

2. If cadres, public officials, or civil servants are not subject to disciplinary action or are concluded as being wrongful, they shall be entitled to the remaining fifty percent stipulated in Clause 1 of this Article.

3. If cadres, public officials, or civil servants are subject to disciplinary action or are declared guilty by the court, they shall not be entitled to the remaining fifty percent stipulated in Clause 1 of this Article.

Article 42. Complaints about disciplinary decisions

Civil servants, public officials, and employees who are subject to disciplinary action have the right to file complaints against such disciplinary decisions in accordance with the law on complaints.

Chapter V

TRANSITION PROVISIONS AND EFFECTIVE DATE OF IMPLEMENTATION

Article 43. Transition provisions and application of specialized laws

1. For violations that were considered and handled before this Decree takes effect, the current legal provisions shall continue to be applied for handling; for violations occurring before this Decree takes effect but which are considered and handled after it takes effect, the provisions of this Decree shall be applied.

2. Violations of administrative violation laws, anti-corruption laws, and forms of handling shall be applied according to the specialized laws. In cases where the specialized laws have not provided regulations or differ from this Decree on the same matter, the provisions of this Decree shall be applied.

Article 44. Effective date of implementation

1. This Decree shall take effect from September 20, 2020.

2. Repeal the following provisions:

a) Decree No. 34/2011/NĐ-CP dated May 17, 2011 of the Government on disciplinary measures for civil servants;

b) Provisions related to disciplinary measures for public officials as stipulated in Decree No. 27/2012/NĐ-CP dated April 6, 2012 of the Government on disciplinary measures for public officials and their responsibility for compensation and restitution;

c) Chapter 6 of Decree No. 112/2011/NĐ-CP dated December 5, 2011 of the Government on civil servants of communes, wards, and towns;

d) Provisions related to disciplinary measures for cadres as stipulated in Decree No. 35/2005/NĐ-CP dated March 17, 2005 of the Government on disciplinary measures for cadres and civil servants.

Article 45. Responsibility for enforcement

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-run city People's Committees, and relevant agencies, organizations, and individuals shall be responsible for implementing this Decree./.

 

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, and agencies under the Government; - Provincial People's Councils, People's Committees of centrally governed cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - Ethnic Council and Committees of the National Assembly; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Agency; - National Financial Supervisory Commission; - Social Policy Bank; - Vietnam Development Bank; - Vietnam Fatherland Front Central Committee; - Central Agencies of Social Organizations; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - File: VT, TCCV (2b).

PRIME MINISTER PRIME MINISTER Nguyen Xuan Phuc