Circular No. 143/2023/TT-BQP stipulates disciplinary measures in the Vietnam People's Army.

CIRCULAR

REGULATIONS ON DISCIPLINARY ACTION IN THE PEOPLE'S ARMED FORCES OF VIETNAM

Pursuant to the Officer Law of the People's Armed Forces of Vietnam dated December 21, 1999; the Law Amending and Supplementing Certain Provisions of the Officer Law of the People's Armed Forces of Vietnam dated June 3, 2008 and the Law Amending and Supplementing Certain Provisions of the Officer Law of the People's Armed Forces of Vietnam dated November 27, 2014;

Pursuant to the Law on Military Service dated June 19, 2015;

Pursuant to the Law on Professional Military Personnel, Workers, and Civil Servants of National Defense dated November 26, 2015;

Pursuant to the Civil Servant Law dated December 13, 2008; amended and supplemented certain provisions in 2019;

Pursuant to the Law on Cryptography dated November 26, 2011;

Pursuant to Decree No. 112/2020/NĐ-CP dated September 18, 2020 of the Government on disciplinary action against civil servants, public officials, and civil servants; Decree No. 71/2023/NĐ-CP dated September 20, 2023 amending and supplementing certain provisions of Decree No. 112/2020/NĐ-CP dated September 18, 2020 of the Government;

Pursuant to Decree No. 01/2022/NĐ-CP dated November 30, 2022 of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of National Defense;

In accordance with the proposal of the General Staff Chief of the People's Armed Forces of Vietnam;

The Minister of National Defense promulgates this Circular on disciplinary action in the People's Armed Forces of Vietnam.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates principles, time limits for disciplinary action; forms and authority for disciplinary action; violations and application of disciplinary measures; procedures and formalities for disciplinary action against persons violating military discipline and state laws within the People's Armed Forces of Vietnam.

Article 2. Applicability

1. Officers, professional soldiers, non-commissioned officers, privates (hereinafter referred to collectively as military personnel), defense civil servants, defense workers, defense officials (hereinafter referred to collectively as defense civil servants, defense workers, and defense officials); relevant agencies, units, organizations, and individuals.

2. Persons working in the confidential organization under the Government Confidential Service under the management authority of the Minister of National Defense (referred to as persons working in the confidential organization).

3. Contractual employees serving in agencies and units under the Ministry of National Defense and the Government Confidential Service.

4. Military reservists during concentrated training, exercises, readiness inspection, combat readiness, or performing tasks related to military and national defense duties.

5. Militia and self-defense forces supporting the Army in combat and combat service, currently undergoing training at training institutions within the Army, during concentrated training or performing tasks related to military and national defense duties as prescribed by law.

6. Reserve officer trainees at training institutions within the Army; citizens conscripted to serve in the Army.

7. Persons who have ceased service in the Army or ceased working in the confidential organization under the Government Confidential Service but violated discipline during their service period, to the extent that they must be disciplined.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1. Violator: A person who commits acts violating state laws and military discipline and according to this Circular and related legal documents must be subject to disciplinary action.

2. State of incapacity for civil conduct: A condition where a person commits acts violating state laws and military discipline while suffering from mental illness or other diseases causing loss of capacity for recognition or control over their actions.

3. Justifiable self-defense: An act of a person protecting their own legitimate rights or interests, those of others, or the interests of the State, agencies, or organizations against an ongoing infringement of such interests.

4. Imminent peril: A situation where a person, to avoid causing damage to their own legitimate rights or interests, those of others, or the interests of the State, agencies, or organizations, has no other way but to cause lesser damage to prevent greater harm.

5. Force majeure: A condition where due to unforeseeable and unavoidable circumstances caused by objective factors, a person committing acts violating state laws and military discipline could not foresee or overcome despite applying all necessary and possible measures.

6. Serious violation of discipline: A violation with serious nature, degree, and harmful effects; causing negative public opinion and adversely affecting the image and reputation of the Army and agencies, units, and organizations.

7. Military exchange students, confidential exchange students: Students sent abroad by the Ministry of National Defense or the Government Confidential Service for training and development to serve the Army or the confidential sector.

8. Military exchange students, confidential exchange students failing to return home as prescribed: Refers to being late returning home by 15 days or more from the end date of study as decided by the Ministry of National Defense or the Government Confidential Service without permission from the competent authority or without a valid reason.

9. Unauthorized absence: An act of being absent from the unit for less than 24 hours twice or more, or between 24 hours and 72 hours (three days) for officers, professional soldiers, defense civil servants, defense workers, and defense officials, or persons working in the confidential organization; less than 24 hours twice or more, or between 24 hours and 168 hours (seven days) for non-commissioned officers and privates without permission from the authorized commanding officer.

10. Desertion: An act of leaving the unit voluntarily for more than three days for officers, professional soldiers, defense civil servants, and defense officials; more than seven days for non-commissioned officers and privates, but not falling under the cases specified in the Penal Code.

11. Time limit for disciplinary action: The time period prescribed within which, if exceeded, the person committing the violation will not be disciplined.

12. Time frame for disciplinary action: The period from when the violation is discovered or when the competent authority concludes there is a violation until the decision on disciplinary action is made by the competent agency or organization.

13. Reduction in pay grade: Lowering the pay grade with a higher coefficient to a lower pay grade with a lower coefficient for officers who have received a pay increase and other subjects receiving pay as stipulated in this Circular.

Article 4. Principles for Disciplinary Handling

1. Every disciplinary violation, once discovered, must be promptly prevented and strictly dealt with; consequences caused by the violation must be remedied in accordance with the provisions of the law.

2. Each disciplinary violation shall only be handled once with one form of discipline; at the same time when considering disciplinary handling, if the violator commits two or more violations, each violation must be examined and concluded separately, and a common decision made using the highest corresponding form of discipline. In cases where multiple forms of discipline are applied, this shall be decided by the competent authority.

3. Disciplinary handling must ensure objectivity, fairness, strictness, accuracy, and timeliness; it must comply with the authority, procedures, and formalities prescribed by law; it must be consistent between military discipline and party discipline; military discipline shall not be lower than party discipline; military discipline shall not replace party discipline, organizational discipline, and vice versa.

4. Handling of disciplinary violations must be based on the content, motive, nature, degree, consequences, causes of the violation, specific circumstances, mitigating and aggravating circumstances, attitude towards accepting and correcting mistakes, remedying shortcomings, and the consequences caused by the violation.

5. Strictly prohibit any acts that infringe upon the physical body, reputation, dignity, and credibility of the person who committed the violation during the process of examining and handling disciplinary matters; other forms of discipline shall not be applied instead of those specified in this Circular.

6. Collective disciplinary handling shall not be applied to agencies or units violating the Party's policies, State laws, or having many people committing disciplinary violations; only the responsibility of commanders, political commissars, and political officers (hereinafter referred to collectively as commanders) and individual violators shall be considered and handled.

7. The rank reduction disciplinary measure shall not be applied to officers and professional soldiers holding the rank of first lieutenant, or soldiers holding the rank of private second class; the position demotion or removal disciplinary measure shall not be applied to violators not holding command or management positions; the salary grade reduction disciplinary measure shall not be applied to officers who have not yet received a salary increase; personnel working in confidential organizations; civil servants, workers, and defense officials currently receiving Salary Grade 1.

8. When handling disciplinary measures, in addition to the disciplinary measures for each violation, if the violation causes material damage, the violator must also compensate. Assets, money, and materials obtained through the violation must be handled according to the provisions of the law.

9. Commanders at all levels must bear responsibility for the situation of disciplinary and legal violations by subordinates under their command; depending on the nature, degree of violation, consequences caused by the incident, and the level of involvement of the direct commander and one level above, the form of discipline shall be determined in accordance with this Circular.

10. Personnel whose violations have been discovered but not yet handled according to regulations shall not be transferred to another job. If the person committing the disciplinary violation has criminal indications, the agency or unit shall not reduce the number of personnel under management but transfer the violation file to the investigation agency within the military for handling in accordance with the law; in cases where they are tried and sentenced to non-custodial reeducation or suspended imprisonment, the treatment and policy shall only be resolved after the judgment or decision of the court becomes legally effective and the corresponding disciplinary measures stipulated in this Circular have been implemented.

Article 5. Mitigating circumstances and aggravating circumstances

1. Mitigating circumstances

a) The violator has taken actions to prevent, reduce the consequences of the violation, or voluntarily remedied the consequences and compensated for losses.

b) The violator has voluntarily reported, sincerely repented, and actively assisted competent authorities in discovering and handling violations of discipline;

c) The violation was committed under duress or due to material or spiritual dependence; the violation occurred in particularly difficult circumstances.

d) There have been many achievements in study, work, labor, production, or combat.

2. Aggravating circumstances

a) Repeated violations or recidivism.

b) Forcing someone dependent on oneself materially or spiritually to commit acts violating discipline.

c) Taking advantage of position or power to violate discipline;

d) Continuing to violate discipline despite requests from those with authority to stop such behavior;

đ) After committing the violation, there were actions to evade or conceal the violation.

3. Circumstances specified in Clause 2 of this Article, if already defined as acts of violating discipline, shall not be considered as aggravating circumstances.

Article 6. Cases where disciplinary action is not considered and cases of exemption from disciplinary responsibility

1. Cases where disciplinary action is not considered

a) During the time off according to the prescribed system (except for retirement preparation leave).

b) During treatment with confirmation from a military medical facility at regiment level or higher, or a hospital or health center at district level or higher.

c) Women who are pregnant, on maternity leave, or nursing a child under 12 months old; men (in cases where their wife has died or for other objective and irresistible reasons) nursing a child under 12 months old, except when the person with the violation requests to be disciplined.

d) During the waiting period for the final resolution of the competent authority regarding the investigation, prosecution, and trial of the illegal act.

2. Cases of exemption from disciplinary responsibility

a) Recognized by the competent authority as having lost civil capacity when violating state laws or military discipline.

b) Violation of state laws or military discipline in self-defense, emergency situations, or due to irresistible conditions.

c) Violation due to compliance with orders from superiors or assignments from authorized persons as stipulated by law and the Ministry of National Defense.

Article 7. Time limits for disciplinary action

1. Time limit for disciplinary action

a) The time limit for disciplinary action involving reprimand is five years; warning, reduction in pay grade, demotion, dismissal from office, reduction in rank is ten years from the date of the violation. If within the time limit for disciplinary action, the violator commits a new violation, the time limit for disciplinary action against the previous violation will be recalculated from the date of the new violation.

For violations that can determine the end date, the date of the violation is calculated from the end date.

For ongoing violations, the date of the violation is calculated from the date of discovery.

For violations that cannot determine the end date, the date of the violation is calculated from the date of the conclusion by the competent authority.

b) The time limit does not apply to: Violations requiring disciplinary action such as revocation of officer rank, revocation of military title, forced resignation; violations concerning internal political protection work, violations harming national interests in defense, security, and foreign affairs; violations involving the use of fake or illegal certificates, diplomas, or certifications; military personnel, staff working in confidential organizations, civil servants, workers, and defense officials who are party members committing violations requiring disciplinary action up to expulsion.

2. Time limit for disciplinary action

The time limit for disciplinary action shall not exceed ninety days. In cases where the circumstances are complex and require additional investigation, verification, and clarification, the time limit for disciplinary action may be extended but shall not exceed one hundred and fifty days.

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

a) The period during which disciplinary action is not considered for the cases specified in Clause 2 of Article 6 of this Circular.

b) The period of criminal investigation, prosecution, and trial according to criminal procedure (if applicable). When the final decision of the competent legal authority or the effective court judgment is issued, disciplinary action shall be handled according to regulations.

c) The period of appeal or administrative lawsuit at the court regarding the disciplinary decision until a new disciplinary decision is made according to the decision of the competent authority.

4. The authority responsible for disciplinary action must bear responsibility for handling disciplinary action against the violator within the prescribed time limit. If the time limit for disciplinary action expires without issuing a disciplinary decision, they must take responsibility for the delay and issue a disciplinary decision if the violation remains within the time limit.

Article 8. Complaints about disciplinary decisions

1. In cases where the person violating discipline disagrees with the disciplinary decision, they have the right to file a complaint with the competent authority according to the law and the Ministry of National Defense.

Until there is a decision from the competent authority, the person violating discipline must still strictly comply with the current decision.

2. When receiving complaints from persons violating discipline, agencies and units must have the responsibility to examine and respond according to their competence and within the time limit prescribed by law and the Ministry of National Defense.

Article 9. Suspension from work for persons violating discipline

1. If the person violating discipline continues working and may affect the completion of the unit's tasks or cause difficulties in investigation, the regiment commander, regiment political commissar, and equivalent positions have the right to suspend the violator's work during the period of examination and disciplinary handling, and temporarily designate a replacement, but must report to higher authorities.

2. The suspension period shall not exceed ninety days. In special cases with many complex circumstances that need clarification, it can be extended but not more than one hundred and fifty days.

Article 10. Compensation for Damage

1. Persons violating discipline must compensate for damage caused in accordance with the law.

2. Military personnel, staff of confidential organizations, civil servants, workers, and defense officials sent for training at state budget-funded or other lawful sources at training institutions inside or outside the military, confidential sector, or abroad must compensate for training costs in the following cases:

a) Voluntarily dropping out of school;

b) Violating discipline to the extent that they cannot continue training or be recognized as having graduated;

c) Having graduated but refusing to accept assignments or failing to return to the country to fulfill job dispatch orders from competent authorities;

d) Graduating and accepting assignments but intentionally violating discipline with the motive of leaving the military or quitting before completing twice the duration of training cost benefits for those studying college or university level; three times the duration of training cost benefits for those studying master's or doctoral level, calculated from graduation back to the unit;

e) Costs, calculation methods, payment, and recovery of compensation costs are implemented according to Decree No. 143/2013/ND-CP dated October 14, 2013 of the Government on scholarship and training cost reimbursement; Decree No. 101/2017/ND-CP dated September 1, 2017 of the Government on training and cadre development for civil servants and public officials. The unit responsible for reimbursement must coordinate with relevant agencies to recover training costs.

Chapter II
DISCIPLINARY MEASURES AND COMPETENT AUTHORITIES FOR HANDLING

Article 11. Disciplinary Measures

1. Disciplinary measures for officers

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

c) Demotion in rank;

d) Dismissal from office;

e) Demotion in rank;

g) Revocation of officer rank;

h) Revocation of military status.

2. Disciplinary measures for professional soldiers

a) Reprimand;

b) Warning;

c) Demotion;

d) Dismissal;

d) Reduction in pay grade;

e) Demotion in rank;

g) Revocation of military status.

3. Disciplinary measures for non-commissioned officers and privates

a) Reprimand;

b) Warning;

c) Demotion;

d) Dismissal;

d) Demotion in rank;

e) Revocation of military status.

4. Disciplinary measures for civil servants, workers, and defense officials

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

c) Demotion in rank;

d) Dismissal from office;

e) Compulsory termination of employment.

Article 12. Competence to handle disciplinary violations within the scope of management

1. The squad leader and equivalent positions have the authority to reprimand soldiers.

2. The platoon leader and equivalent positions have the authority to reprimand up to the squad leader and equivalent.

3. The company commander, company political commissar, border guard station chief, and equivalent positions have the authority:

a) To reprimand up to the platoon leader and equivalent; officers and professional military personnel up to the rank of major; civil servants, workers, and defense officials with a salary coefficient below 5.3;

b) To warn up to the squad leader and equivalent; non-commissioned officers up to the rank of corporal; civil servants, workers, and defense officials with a salary coefficient below 4.9;

4. The battalion commander, battalion political commissar; post commander, border guard post political commissar, and equivalent positions have the authority

a) To reprimand up to the company commander, company political commissar; border guard station chief and equivalent; officers and professional military personnel up to the rank of lieutenant colonel; civil servants, workers, and defense officials with a salary coefficient below 6.1;

b) To warn up to the platoon leader and equivalent; officers and professional military personnel up to the rank of major; civil servants, workers, and defense officials with a salary coefficient below 5.3;

c) To reduce military rank from private first class to private second class.

5. The regiment commander, brigade commander, regiment political commissar, brigade political commissar, and equivalent positions have the authority

a) To reprimand up to the battalion commander, battalion political commissar and equivalent; officers and professional military personnel up to the rank of colonel; civil servants, workers, and defense officials with a salary coefficient below 6.8;

b) To warn up to the company commander, company political commissar; border guard station chief and equivalent; officers and professional military personnel up to the rank of lieutenant colonel; civil servants, workers, and defense officials with a salary coefficient below 6.1;

c) To demote or dismiss the squad leader and equivalent;

d) To reduce military rank, revoke military title up to the rank of corporal.

6. The division commander, division political commissar, and equivalent positions have the authority

a) To reprimand up to the regiment commander, regiment political commissar and equivalent; officers and professional military personnel up to the rank of senior colonel; civil servants, workers, and defense officials;

b) To warn up to the battalion commander, battalion political commissar; post commander, border guard post political commissar and equivalent; officers and professional military personnel up to the rank of colonel; civil servants, workers, and defense officials with a salary coefficient below 6.8;

c) To demote or dismiss up to deputy battalion commander, deputy battalion political commissar and equivalent;

d) To reduce military rank, revoke military title up to the rank of senior private.

7. The Commander, Political Commissar of the Naval Zone Command, Coast Guard Zone Command have the authority

a) To reprimand up to the regiment commander, brigade commander; regiment political commissar, brigade political commissar; flotilla commander, flotilla political commissar and equivalent; officers up to the rank of major general; professional military personnel up to the rank of senior colonel; civil servants, workers, and defense officials;

b) To warn up to the flotilla commander, flotilla political commissar and equivalent; officers and professional military personnel up to the rank of colonel; civil servants, workers, and defense officials with a salary coefficient below 6.8;

c) To demote or dismiss up to ship captain, ship political commissar with a position allowance coefficient of 0.4 and other positions with the same allowance coefficient;

d) To reduce military rank, revoke military title up to the rank of senior private.

8. The Commander, Political Commissar of units: Vietnam Coast Guard; Command 86; Command of Hanoi Capital, branch and equivalent positions have the authority

a) To reprimand up to the division commander, division political commissar; Commander, Political Commissar of Vietnam Coast Guard Zone Command and equivalent;

b) To warn up to the regiment commander, brigade commander, regiment political commissar, brigade political commissar and equivalent; officers up to the rank of major general; professional military personnel up to the rank of senior colonel; civil servants, workers, and defense officials (except for positions specified in point a of this clause);

c) To demote or dismiss up to deputy regiment commander, deputy brigade commander, deputy political commissar of regiment, brigade and equivalent.

d) To reduce pay grade, reduce military rank of officers up to the rank of lieutenant colonel; professional military personnel, civil servants, workers, and defense officials under the authority to increase pay as prescribed by the Ministry of National Defense;

9. The Commander, Political Commissar of Military Region, Military Branch, Border Guard Corps, Army Corps; Chief, Political Commissar of the General Logistics Department, Technical Department, Defense Industry General Department; General Director, Political Commissar of General Department II; Head of the Government Cryptographic Bureau and equivalent positions have the authority

a) To reprimand up to the division commander, division political commissar; Commander, Political Commissar of the Navy Zone Command; Commander, Political Commissar of Provincial Military Command; provincial border guard corps and equivalent;

b) To warn up to the regiment commander, brigade commander, regiment political commissar, brigade political commissar and equivalent, officers up to the rank of major general, professional military personnel up to the rank of senior colonel, personnel working in cryptographic organizations, civil servants, workers, and defense officials (except for positions specified in point a of this clause);

c) To demote or dismiss up to regiment commander, brigade commander; regiment political commissar, brigade political commissar and equivalent; Commander, Political Commissar of County Military Command;

d) To reduce pay grade, reduce military rank of officers up to the rank of colonel, professional military personnel up to the rank of colonel, personnel working in cryptographic organizations, civil servants, workers, and defense officials under the authority to increase pay as prescribed by the Ministry of National Defense;

10. The Deputy Chief of General Staff, Chief of the General Political Department have the authority to handle disciplinary actions as prescribed in Clause 9 of this Article and to handle disciplinary actions against civil servants, workers, and defense officials in joint-stock enterprises directly under the Ministry of National Defense.

11. The Minister of National Defense handles disciplinary actions against subjects within their jurisdiction according to their authority.

Chapter III
VIOLATIONS AND APPLICATION OF DISCIPLINARY MEASURES

Mục 1. VIOLATIONS OF LAWS BUT NOT YET AT THE LEVEL OF CRIMINAL PROSECUTION, VIOLATIONS OF MILITARY DISCIPLINE AND APPLICATION OF DISCIPLINARY MEASURES

Article 13. Violation of the responsibility system of commanders

1. A direct commander or one level above who, due to lack of responsibility in management and command, allows military personnel, civil servants, workers, and defense officials under their authority to violate state laws, military discipline to the extent that they are subject to disciplinary action from warning upwards or criminal prosecution shall be disciplined with reprimand up to warning.

2. If there is a violation in any of the following cases, they shall be disciplined with reduction in pay grade, demotion, removal from position, or reduction in rank:

a) Knowing or discovering signs indicating subordinates under their authority have committed violations but not taking timely measures to prevent them;

b) Shielding the violation behavior of subordinates.

3. In cases where the violator has died, based on the results of investigation and verification and the nature of the incident, the responsibility of the commander shall be handled according to Clause 1 or Clause 2 of this Article.

Article 14. Violation of the powers of commanders

1. Any commander who abuses their position and powers to act contrary to principles, regulations, or issues orders beyond their authority shall be disciplined with reprimand or warning.

2. If there is a violation in any of the following cases, they shall be disciplined with reduction in pay grade, demotion, removal from position, or reduction in rank:

a) Using military equipment or supplies to commit violations;

b) Persisting in violation despite being warned or reminded;

c) Having been disciplined but still violating;

d) Causing serious consequences.

Article 15. Refusal to obey orders

1. Not complying with orders or failing to perform tasks when directly assigned by a commander or authorized superior shall be disciplined with warning.

2. If there is a violation in any of the following cases, they shall be disciplined with reduction in pay grade, demotion, removal from position, reduction in rank, or deprivation of officer rank up to deprivation of military title and forced resignation:

a) Being a commander;

b) Inciting others to participate;

c) During combat readiness;

d) Having been disciplined but still violating;

đ) Causing serious consequences.

Article 16. Non-compliance with orders

1. When receiving orders from a direct commander or authorized superior or being assigned a task but not fully complying, neglecting, acting arbitrarily, or delaying, causing obstacles to command and affecting the completion of unit tasks, they shall be disciplined with reprimand or warning.

2. If there is a violation in any of the following cases, they shall be disciplined with reduction in pay grade up to demotion, removal from position, or reduction in rank.

a) Being a commander;

b) Inciting others to participate;

c) During combat readiness;

d) Having been disciplined but still violating.

Article 17. Obstructing colleagues in performing duties

1. Creating difficulties or inciting to obstruct colleagues in performing duties shall be disciplined with reprimand or warning.

2. If there is a violation in any of the following cases, they shall be disciplined with reduction in pay grade, demotion, removal from position, or reduction in rank:

a) Having been disciplined but still violating;

b) Inciting others to participate;

c) During combat readiness;

d) Causing serious consequences.

Article 18. Humiliating colleagues

1. Anyone who offends the dignity, reputation, or prestige of colleagues in working relations shall be disciplined with reprimand, warning, or reduction in pay grade.

2. If there is a violation in any of the following cases, they shall be disciplined with demotion, removal from position, reduction in rank, or deprivation of officer rank up to deprivation of military title and forced resignation:

a) Being a commander or superior;

b) Having been disciplined but still violating;

c) Inciting others to participate;

d) Causing physical harm.

Article 19. Assaulting colleagues

1. Anyone who, in working relations, commits acts of assault or insults the body of colleagues shall be disciplined with reprimand, warning, or reduction in pay grade.

2. If there is a violation in any of the following cases, they shall be disciplined with demotion, removal from position, reduction in rank, or deprivation of officer rank up to deprivation of military title and forced resignation:

a) Being a commander or superior;

b) Having been disciplined but still violating;

c) Inciting others to participate;

d) Causing injury or physical harm.

Article 20. Unauthorized Absence

1. Any person who is absent without authorization shall be disciplined with a reprimand.

2. If they violate any of the following cases, they shall be disciplined with a warning, demotion in rank, reduction in grade, dismissal, reduction in military rank, or deprivation of officer rank.

a) Being a commander;

b) Having been disciplined but still violating;

c) Inciting others to participate;

d) During combat readiness;

đ) Affecting the performance of unit tasks.

3. If they repeatedly commit violations and have been previously disciplined with the highest form of disciplinary action stipulated in Clause 2 of this Article, they shall be disciplined with deprivation of military title, and forced to resign.

Article 21. Desertion

1. Any person who deserts shall be disciplined with a warning and demotion in rank.

d) Causing consequences but not reaching a serious level;

2. If there is a violation in any of the following cases, they shall be disciplined with demotion, removal from position, reduction in rank, or deprivation of officer rank up to deprivation of military title and forced resignation:

a) Being a commander;

b) Having been disciplined but still violating;

c) Inciting others to participate;

đ) While performing duties.

Article 22. Evading Duties

1. Self-inflicting injury, damaging their health, pretending to be ill, or using other deceptive methods to evade or shirk assigned duties shall be disciplined with a warning and demotion in rank.

2. If they violate any of the following cases, they shall be disciplined with reduction in grade, dismissal, reduction in military rank, deprivation of officer rank, deprivation of military title, and forced to resign.

Article 23. Violations of Regulations for Military Exchange Students and Administrative Exchange Students

a) Being a commander;

b) Having been disciplined but still violating;

c) Recruiting others to participate.

1. Military exchange students and administrative exchange students returning late from 15 to less than 30 days beyond the prescribed time shall be disciplined with a reprimand.

2. Military exchange students and administrative exchange students returning late from 30 to less than 90 days beyond the prescribed time shall be disciplined with a warning up to reduction in military rank.

3. Military exchange students and administrative exchange students returning late for 90 days or more beyond the prescribed time shall be disciplined with deprivation of officer rank up to deprivation of military title, and forced to resign.

Article 24. Inadvertent Disclosure of Secrets or Loss of Confidential Military Documents and State Secrets

1. Inadvertently disclosing secrets or losing confidential military documents and state secrets shall be disciplined with a warning, demotion in rank, or reduction in grade.

2. If they violate any of the following cases, they shall be disciplined with reduction in military rank, deprivation of officer rank, deprivation of military title, and forced to resign.

a) In areas with unstable political security situations;

c) Affecting the completion of unit tasks.

b) Having been disciplined but still violating;

Article 25. False Reporting, Delayed Reporting, or Failure to Report

1. False reporting, delayed reporting, or failure to report with the intent to deceive superiors, cover up, evade responsibility, or blame others shall be disciplined with a reprimand or warning.

b) Affecting the completion of unit tasks or having a negative impact on the reputation and honor of others;

2. If there is a violation in any of the following cases, they shall be disciplined with reduction in pay grade, demotion, removal from position, or reduction in rank:

a) Having been disciplined but still violating;

c) Personally performing important tasks;

đ) In areas with unstable political security situations.

Article 26. Violations of Combat Readiness, Command Duty, Guard Duty, and Professional Duty Regulations

1. Leaving their post without authorization or failing to complete assigned tasks shall be disciplined with a reprimand or warning.

2. If they violate any of the following cases, they shall be disciplined with demotion in rank, reduction in grade, dismissal, or reduction in military rank.

a) During combat readiness;

c) Causing serious consequences.

b) Having been disciplined but still violating;

Article 27. Violations of Security Regulations

1. Failing to strictly comply with patrol, guard duty, escort, and convoy regulations shall be disciplined with a reprimand or warning.

2. If they violate security regulations for important targets, they shall be disciplined with demotion in rank, reduction in grade, dismissal, or reduction in military rank.

2. In the case of violation during the protection of important targets, disciplinary action shall range from reduction in pay grade, demotion, removal from position to reduction in military rank.

Article 28. Violation of safety regulations

1. Violating fire prevention and explosion control regulations; ensuring safety in training, work, labor, study, daily life, and traffic safety shall be subject to reprimand or warning disciplinary action.

2. If there is a violation in any of the following cases, they shall be disciplined with reduction in pay grade, demotion, removal from position, or reduction in rank:

a) Having been disciplined but still violating;

b) Being a person with professional expertise or lacking responsibility in preventing consequences.

c) Causing loss of safety regarding personnel, weapons, equipment, means of transportation, and property.

Article 29. Violation of regulations on management and use of military weapons and technical equipment

1. Causing loss of safety for personnel, weapons, equipment, means, and property shall be subject to disciplinary action ranging from warning to demotion in rank or dismissal.

a) In areas with unstable political security situations;

a) Being a commander;

b) Having been disciplined but still violating;

c) Being a person with professional expertise in military weapons and technical equipment.

Article 30. Negligently losing or damaging military weapons and technical equipment

1. Negligently losing or damaging military weapons, equipment, and technical means shall be subject to disciplinary action ranging from reprimand to demotion in rank or dismissal.

2. If violating any of the following circumstances, disciplinary action ranging from demotion in military rank to revocation of officer rank or military title, and forced resignation shall apply.

a) Being a commander;

b) During combat or combat readiness.

c) Failing to take positive measures to prevent damage.

Article 31. Appropriating or destroying war trophies

1. Appropriating or destroying war trophies shall be subject to disciplinary action ranging from reprimand to demotion in rank or dismissal.

2. If violating any of the following circumstances, disciplinary action ranging from demotion in military rank to revocation of officer rank or military title, and forced resignation shall apply.

a) Being a commander;

b) Having been disciplined but still violating;

c) Causing negative impact on the unit.

Article 32. Harassing the People

1. When interacting with the people and engaging in demanding, coercive, harassing, causing inconvenience, difficulties, hindering normal daily activities of the people, or infringing upon their health, dignity, honor, and property, disciplinary action ranging from reprimand to demotion in rank or dismissal shall apply.

2. If violating any of the following circumstances, disciplinary action ranging from demotion in military rank to revocation of officer rank or military title, and forced resignation shall apply.

a) Being a commander;

b) Inciting others to participate;

c) In areas with ongoing combat or emergency situations.

d) Affecting the reputation and honor of the Military.

Article 33. Misusing Military Needs While Performing Duties

1. Exceeding the necessary scope of military needs while performing duties, causing damage to state, organization, or individual property.

a) From 10,000,000 (ten million) VND to 20,000,000 (twenty million) VND shall result in reprimand disciplinary action.

b) Over 20,000,000 (twenty million) VND to under 50,000,000 (fifty million) VND shall result in warning disciplinary action.

2. If there is a violation in any of the following cases, they shall be disciplined with reduction in pay grade, demotion, removal from position, or reduction in rank:

a) Being a commander;

b) Having been disciplined but still violating;

c) Causing damage from 50,000,000 (fifty million) VND to under 100,000,000 (one hundred million) VND.

Article 34. Abusing Prisoners of War and Civilian Internees

Violating prisoner of war policy, abusing prisoners of war, and civilian internees shall be subject to disciplinary action ranging from reprimand to demotion in rank or dismissal.

Article 35. Appropriating Property

1. Using official position, authority, or other methods to appropriate property of the state, organizations, or citizens valued at less than 2,000,000 (two million) VND shall be subject to disciplinary action ranging from reprimand to demotion in rank.

2. If violating any of the following circumstances, disciplinary action ranging from demotion in rank to revocation of officer rank or military title, and forced resignation shall apply.

a) Being a commander;

b) Having been disciplined but still violating;

c) Inciting others to participate;

d) Affecting the performance of unit tasks.

Article 36. Violation of Military Conduct

1. Violating regulations of the Ministry of National Defense regarding daily life, study, work, and military etiquette and conduct shall be subject to reprimand or warning disciplinary action.

2. If there is a violation in any of the following cases, they shall be disciplined with reduction in pay grade, demotion, removal from position, or reduction in rank:

a) Having been disciplined but still violating;

b) Recruiting others to participate.

Article 37. Violation of public order

1. Violating laws on public order shall be subject to disciplinary measures of reprimand or warning.

2. If there is a violation in any of the following cases, they shall be disciplined with reduction in pay grade, demotion, removal from position, or reduction in rank:

a) Having been disciplined but still violating;

b) Recruiting others to participate.

Article 38. Drinking alcohol during working hours and being intoxicated

1. Drinking alcohol during working hours or while performing duties, or being intoxicated affecting the military style, shall be subject to disciplinary measures of reprimand or warning.

2. If there is a violation in any of the following cases, they shall be disciplined with reduction in pay grade, demotion, removal from position, or reduction in rank:

a) Having been disciplined but still violating;

b) Inciting others to participate;

c) Being intoxicated while performing duties; causing internal unit cohesion to deteriorate;

d) Being intoxicated causing disruption of public order, damaging civilian-military relations without reaching serious consequences.

Article 39. Organizing economic activities contrary to regulations

1. Commanders organizing military personnel, civil servants, workers, and defense officials to engage in economic activities contrary to military regulations shall be subject to disciplinary measures of warning.

2. If there is a violation in any of the following cases, they shall be disciplined with reduction in pay grade, demotion, removal from position, or reduction in rank:

a) Having been disciplined but still violating;

b) Affecting the completion of unit tasks;

c) Causing consequences that have not reached serious levels.

Article 40. Violations related to narcotics

Those committing violations related to narcotics such as storing, buying, selling, transporting, organizing for use, or using narcotics illegally shall be subject to disciplinary measures of stripping military rank titles and forcing resignation.

Article 41. Violations concerning information technology regulations and ensuring information security and cyber security

1. Violating any of the following cases shall be subject to disciplinary measures ranging from reprimand, warning, demotion in pay grade to demotion in rank or removal from position

a) Managing and using information technology equipment and infrastructure in violation of regulations resulting in loss, damage, or causing information systems of agencies and units to cease operation, compromising information security and cyber security;

b) Using information technology devices and smart mobile devices with internet access to create, process, store, provide, or exchange military documents with content not permitted to be disseminated on the internet and mass media; information inciting violence, obscenity, superstition;

c) Violating regulations on interconnection between military computer networks and the internet;

d) Using military computers to connect to the internet or using internet computers to connect to military computer networks causing information leaks, compromising information security and cyber security;

đ) Refusing to comply or obstructing competent authorities in implementing measures to manage and ensure information technology, information security, and cyber security as prescribed by law and military regulations;

e) Unauthorized repair, replacement, installation, swapping hardware components, or unauthorized installation, updating, upgrading, uninstalling, changing features, deactivating software applications and services on information technology equipment and information systems causing information security and cyber security risks.

2. If violating any of the following cases, disciplinary measures of self-demotion in rank to stripping military rank titles and forcing resignation shall apply

a) Having been disciplined but still violating;

b) Using electronic information platforms and social networks to post, disseminate, comment, share information contrary to the Party's viewpoints, state policies and laws; information related to state secrets, military secrets; false, defamatory information damaging personal honor and organizational reputation, adversely affecting the image of military personnel and units; participating in forums and groups related to criminal activities, reactionary organizations, political opposition;

c) Intentionally spreading malware or conducting illegal attacks and unauthorized intrusions into information systems.

Article 42. Gambling, organizing gambling, setting up gambling venues; lending at high interest rates

1. Engaging in illegal gambling, organizing gambling, setting up gambling venues; lending at high interest rates under any form shall be subject to disciplinary measures ranging from reprimand to warning.

2. If there is a violation in any of the following cases, they shall be disciplined with reduction in pay grade, demotion, removal from position, or reduction in rank:

a) Being a commander;

b) Having been disciplined but still violating;

c) Inciting others to participate;

d) Leasing premises for gambling.

Article 43. Other violations

In addition to the violations stipulated in this Circular, if the violator commits other violations, breaches military discipline or violates state laws with signs of criminal offenses but not reaching the level of criminal prosecution and is concluded in writing by the competent authority on the violation, then based on the content, motive, nature, severity, consequences, cause of the violation, specific circumstances, mitigating circumstances, aggravating circumstances, corresponding disciplinary measures will be applied from reprimand, warning, demotion in pay grade, reduction in rank, dismissal to reduction in military rank, deprivation of officer rank, deprivation of military title, and forced resignation.

Section 2. VIOLATIONS OF LAWS SUBJECT TO CRIMINAL PROSECUTION AND DISCIPLINARY MEASURES

Article 44. Violations of laws sentenced to warning, fines, non-custodial reform

1. Anyone who violates the law and is sentenced to warning or fine by the court shall be subject to disciplinary measures ranging from warning to demotion in pay grade.

2. Anyone who violates the law and is sentenced to non-custodial reform by the court shall be subject to disciplinary measures ranging from reduction in rank to dismissal and reduction in military rank.

Article 45. Violations of laws sentenced to suspended imprisonment

Anyone who violates the law and is sentenced to suspended imprisonment shall be subject to disciplinary measures ranging from dismissal to reduction in military rank and deprivation of officer rank (except for the acts prescribed in Article 40 of this Circular).

Article 46. Violations of laws sentenced to fixed-term imprisonment and must serve the sentence at a detention facility or life imprisonment, death penalty

Anyone who violates the law and is sentenced to fixed-term imprisonment and must serve the sentence at a detention facility or life imprisonment, death penalty shall automatically lose their military title (for military personnel) and be forced to resign (for civil servants, workers, and defense officials) from the date the judgment takes legal effect.

Chapter IV
PROCEDURES FOR DISCIPLINARY ACTION

Article 47. General procedures

1. Organizing inspection meetings.

2. Verifying and concluding on disciplinary violations.

3. Reporting to the Party Committee (branch) with authority to examine and approve.

4. Issuing a disciplinary decision or proposing the competent authority issue a decision according to the分级授权。

5. Announcing the disciplinary decision, reporting upwards, and archiving the file at the unit.

Article 48. Inspection Meetings

1. Organization: Based on the organizational structure and staffing of the agency or unit with the violator to determine the appropriate level of organization and the person to chair the inspection meeting.

2. Participants in the inspection meeting: Based on the violator's identity and the nature of the case, the commander determines the participants.

3. Procedure for the meeting

a) The chairperson announces the purpose of the meeting, the requirements, and informs or delegates the agency to inform the following contents: Summary of work history; violation behavior; disciplinary measures already issued (if any); time of occurrence and discovery of the violation; aggravating and mitigating circumstances of the violator; time limit and deadline for handling according to regulations.

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

If the violator is absent and does not conduct self-inspection, the agency or unit conducts verification at the violator's home, place of residence, and establishes a record of the absence. The verification record is published to the agency or unit and serves as a substitute for the violator's self-inspection report.

If the violator refuses to participate in the inspection meeting, the commander bases on the nature and severity of the violation, suggestions from subordinates, and mass organizations to convene a command meeting, report to the Party Committee for examination and decision on the disciplinary measure within the authority.

c) The collective of the agency or unit analyzes, criticizes, and provides opinions on the violation behavior and proposes disciplinary measures. If the violator is absent, the collective bases on the verification record, violation file, disciplinary violation behavior of the violator, organizes a meeting to analyze, criticize, provide opinions, and propose disciplinary measures.

d) The chairperson concludes; the content of the inspection meeting must be recorded in a minutes. Voting or ballot is not conducted during this meeting.

Article 49. Conclusion of Disciplinary Violation Acts

The commander must directly or authorize the competent authority to meet with the violator for the violator to present their opinions. If the violator is absent, the commander shall base on the verification record and violation file to conclude on the violation act and the disciplinary measures against the violator.

Article 50. Approval through Party Cell (Branch)

When approving through the Party Cell (Branch), there must be a report and accompanying documents; the report must clearly reflect the following contents:

1. The violation act, nature, cause, and consequences of the violation.

2. Aggravating and mitigating circumstances.

3. Responsibility of the person committing the violation.

4. Time limit for handling disciplinary actions as prescribed.

5. Proposal for disciplinary action; disciplinary form (if applicable).

Article 51. Disciplinary Decision

1. The disciplinary decision must clearly state the effective date.

2. Effectiveness of the disciplinary decision

a) The disciplinary decision is effective for 12 months for reprimand, warning, reduction in pay grade, demotion, removal from position, and reduction in military rank.

b) The disciplinary decision is permanently effective for revocation of officer rank and revocation of military title (termination of effectiveness in each specific case is decided by the competent authority).

c) During the period of effectiveness of the disciplinary decision

If the disciplined person does not continue to commit violations warranting disciplinary action, upon expiration of the effective period, the disciplinary decision will automatically terminate its effectiveness, and the violator will be recognized as having made progress without needing a termination of effectiveness or progress recognition document;

If the disciplined person continues to commit violations warranting disciplinary action, the ongoing disciplinary decision will terminate its effectiveness from the date the new disciplinary decision becomes effective.

d) When the disciplinary decision has expired, if the previously disciplined person commits further violations warranting disciplinary action, such acts will be considered new violations when reviewing disciplinary actions.

Article 52. Announcement of Disciplinary Decision

1. Based on the target, nature of the violation, and disciplinary form, after issuing the disciplinary decision, the commander must gather the unit or only the cadre to announce the decision or send a notification to related agencies and units and specify the scope of dissemination. It must be recorded in the personnel file if the person is disciplined with a reprimand or higher.

2. In cases where the person is disciplined with revocation of military title or forced resignation, after announcing the disciplinary decision, the unit commander managing military personnel, civil servants, workers, and defense officials at the regiment level and above must assign cadres to hand over the violating military personnel along with all relevant files to the county military office; civil servants, workers, and defense officials are handed over to the People's Committee of the commune, ward, town where they reside (except in cases of desertion without returning to the unit or being sentenced to imprisonment by the court).

3. In cases where a deserting soldier is disciplined for absence, the unit sends a document to the People's Committee of the commune, ward, town, and county military office where the soldier resides and informs the soldier's family about the disciplinary measures and requests the violator to return to the unit. If within 30 days from the date of notification, the violator does not return to work at the unit or returns but subsequently deserts the unit two or more times without permission from the competent authority, it will be considered that the violator has been disciplined for this act and still violated.

Article 53. Disciplinary Record

1. Disciplinary Record

a) The disciplinary record includes: The report of the violator, self-criticism statement of the violator; summary, excerpt; minutes of meetings; investigation and verification conclusions of competent agencies, effective court judgments, opinions of mass organizations, reports and recommendations of agencies (if any); decision on disciplinary action by the competent authority.

b) Preparation of files and documents for meetings

For units without an agency: The commander prepares the files and documents;

For units with an agency: If the violator is a Party member or under the management of the personnel agency, the Party Inspection Committee at the same level shall take the lead in coordinating with the personnel management agency and related agencies to prepare the files and documents. If the violator is not a Party member, the personnel management agency of the violator shall prepare the files and documents.

c) In cases where the violation of discipline falls within the jurisdiction of the Minister of National Defense: For objects managed by the Military Force who are not Party members, the file is sent to the General Staff's Military Department; for objects who are Party members or under the management of the Cadre Management Department, the file is sent to the Central Military Commission's Inspection Committee and the Cadre Department of the Political General Department to proceed with the steps.

2. Management of disciplinary records

Disciplinary records are kept at the unit where the violator is located; the Operations, Political Affairs, and Inspection Committees; other competent agencies (if necessary). The Operations Agency is the agency responsible for compiling and managing disciplinary data.

Article 54. Procedure and process for handling disciplinary actions against temporarily assigned military personnel; military students and telegraph students returning late from abroad; violators who have transferred units; deceased violators

1. Military personnel violating discipline during temporary assignment shall be handled according to the Government's regulations on the temporary assignment of officers of the Vietnam People's Army.

2. Military students and telegraph students returning late from abroad

a) Military students and telegraph students returning late by 15 days up to less than 30 days compared to the specified time, the student management unit shall consider disciplinary action; suspend benefits, send notification (first time) to the family; the People's Committee of the commune, the Military Command Board of the district where they reside (shortened as locality), the Vietnamese Defense Attaché Office in the host country request the students to return home according to regulations.

b) Military students and telegraph students returning late by 30 days up to less than 90 days compared to the specified time, the student management unit shall consider disciplinary action; send notification (second time) to the family, locality, and the Vietnamese Defense Attaché Office in the host country; continue to request the students to return home according to regulations.

c) Military students and telegraph students returning late by 90 days or more compared to the specified time, the student management unit shall consider disciplinary action or propose the competent authority to decide; send notification (third time) to the family, locality, and the Vietnamese Defense Attaché Office in the host country; coordinate with relevant agencies to require compensation for training costs according to regulations; the Military Security Protection Department requests the Ministry of Public Security's competent agency to monitor entry and exit to coordinate in handling.

3. If a violator has transferred to another agency or unit within the Ministry of National Defense and the violation of discipline is discovered while working at the previous agency or unit, then the previous agency or unit shall conduct disciplinary review and send the entire file and disciplinary decision to the current agency or unit managing the violator for archiving and monitoring.

4. If the violator has died, only the violation of discipline will be reviewed and resolved according to the regulations of the Military and state laws.

Article 55. Procedure and formalities for disciplinary action against persons violating laws subject to criminal prosecution

1. Persons who violate laws to the extent of being criminally prosecuted, declared guilty by the court, and sentenced to a punishment of warning or higher shall follow a simplified procedure and formalities for disciplinary action.

a) The commander shall base on the effective judgment, the nature of the case to consider and propose disciplinary measures according to regulations; directly or authorize the competent authority to directly meet with the violator for the violator to present their opinions (for those sentenced to suspended imprisonment or lower).

b) Through the Party cell (branch).

c) Issue a disciplinary decision or request the competent authority to issue a decision according to the分级授权权限；

d) Notify the disciplinary decision to the individual, relevant agencies, and organizations; report upwards and file the dossier at the unit;

e) Resolve benefits and policies.

2. Persons who are indicted, prosecuted, or tried shall not wear military uniforms during the time they are under investigation, prosecution, or trial by judicial authorities. Commanders at regiment level and equivalent shall recover military uniforms.

3. Persons who are sentenced to fixed-term imprisonment and must serve the sentence at a detention facility or life imprisonment, after completing the sentence; units at regiment level and equivalent (where the violator was managed before serving the sentence) shall resolve benefits and policies according to regulations.

Article 56. Procedure and formalities for disciplinary action against persons who have ceased service in the military and violated laws

For persons who have ceased service in the Military, newly discovered violations during their service period that require disciplinary action; the agency or unit managing the violator before leaving the Military (regiment level and equivalent) shall proceed with the following procedures:

1. Collect all evidence regarding the violation; determine the nature, severity, and consequences of the violation to apply appropriate disciplinary measures according to Article 11 of this Circular; in cases of demotion or dismissal, disciplinary action shall be taken to revoke the violator's position.

2. Send notification to the violator along with related documents; require the violator to appear at the unit to clarify the violation.

If the violator does not appear without a valid reason, send a second notification to the violator and relevant organizations where the violator resides after 30 days. If the violator still does not appear after the second notification (after 15 days), disciplinary action shall be taken as if the violator were absent.

3. Organize meetings with the violator to clarify the violation, the applied disciplinary measures, and hear the violator's opinions. The working group includes the unit commander and relevant agencies and units; the conclusion must be clear and recorded in the minutes, signed by the unit commander, representative of the agency, and the violator.

a) In the event that the violator presents authentic evidence during the process, proving that they do not warrant disciplinary action or unresolved issues in determining the violation, the agency or unit must verify and investigate to clarify and notify the violator before concluding.

b) In cases where the violator disagrees with the violation determined by the agency or unit but cannot provide authentic evidence, the review and disciplinary action shall still be conducted according to regulations.

4. Conclude on the violation, report to the authorized Party committee for examination and approval, and notify the violator.

5. Issue a disciplinary decision; send the disciplinary decision to the violator and notify relevant organizations at the local residence of the violator.

Article 57. Other relevant provisions on disciplinary measures

1. In cases where the violator under the authority has openly defied orders or committed serious violations of the law, the commander and chief political commissar must promptly take decisive measures to prevent such actions; report immediately to the competent superior authority with a record and evidence for handling.

2. In cases where a person working in a confidential organization is found to have committed violations during their service period that require disciplinary action only after they have ceased serving, the procedures and formalities for disciplinary action shall be applied as prescribed in Article 56 of this Circular; if the violation reaches the level of demotion, dismissal, or a court sentence to imprisonment with a fixed term and execution of the punishment at a detention facility or life imprisonment, then the disciplinary action to revoke the position held shall be taken.

3. For acts of violating the law that are declared guilty by the court and subject to punishment

a) When the judgment or decision of the court increases or decreases the penalty; changes the type of penalty; changes the method of enforcing the penalty, the disciplinary form already applied shall also be reviewed and changed accordingly by the competent authority from the date the new judgment or court decision takes effect;

b) If the disciplinary decision against the violator is concluded by the competent authority or court to be wrongful or erroneous, the commander responsible shall publicly announce it within ten working days from the date of receipt of the conclusion document from the competent authority or unit, or from the date the court decision becomes effective.

4. In cases where the competent authority resolving complaints and denunciations concludes that the disciplinary action was not conducted in accordance with the regulations on the application of disciplinary forms, procedures, formalities, and authority, the authority that signed the disciplinary decision must issue a decision to revoke the previously issued decision; simultaneously, review and handle the disciplinary action against the violator in accordance with the provisions of this Circular.

Chapter V
IMPLEMENTING PROVISIONS

Article 58. Effective Date

This Circular takes effect from February 15, 2024, replacing Circular No. 16/2020/TT-BQP dated February 21, 2020, issued by the Minister of National Defense regarding the application of disciplinary forms, procedures, formalities, time limits, deadlines, and authority for disciplinary action in the Ministry of National Defense. When new documents replace the referenced documents in this Circular, they shall be implemented according to the newly issued documents.

Article 59. Responsibility for Implementation

The Chief of the General Staff, heads of agencies and units under the Ministry of National Defense, and related agencies, units, and individuals are responsible for implementing this Circular./.