Circular No. 16/2020/TT-BQP on the application of disciplinary measures, procedures, deadlines, time limits, and authority for handling disciplinary actions within the Ministry of National Defense

CIRCULAR

specifies the application of disciplinary measures, procedures, and formalities,

time limits, deadlines, and authority for handling disciplinary cases within the Ministry of National Defense

 

 

 

 

Based on the Officer Law of the Vietnam People's Army dated December 21, 1999; the Law Amending and Supplementing Certain Articles of the Officer Law of the Vietnam People's Army dated June 3, 2008 and the Law Amending and Supplementing Certain Articles of the Officer Law of the Vietnam People's Army dated November 27, 2014;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Based on the Civil Servant Law dated December 13, 2008; the Law Amending and Supplementing Certain Articles of the Civil Servant Law and the Public Official Law dated November 25, 2019;âBased on Decree No. 164/2017/ND-CP dated December 30, 2017 of the Government stipulating functions, tasks, regulations,

Based on the Law on Military Service dated June 19, 2015;

Based on the Law on Professional Military Personnel, Defense Workers, and Defense Civil Servants dated November 26, 2015;

At the proposal of the Deputy Minister,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP The Minister of the Ministry of National Defense promulgates this Circular to specify the application of disciplinary measures, procedures, formalities, time limits, deadlines, and authority for handling disciplinary cases within the Ministry of National Defense.

This Circular specifies the application of disciplinary measures, procedures, formalities, time limits, deadlines, and authority for handling disciplinary cases within the Ministry of National Defense.onof the State Treasury;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP the Ministry of National Defense promulgates Circulars stipulating insignia for military cadets undergoing

1. This Circular applies to officers, professional soldiers, non-commissioned officers, privates (hereinafter collectively referred to as military personnel), defense civil servants, defense workers, defense public officials (hereinafter collectively referred to as defense civil servants, defense workers, and defense public officials) and related agencies, units, organizations, and individuals.priority 2. The following subjects who violate state laws, orders, and regulations of the military shall also be subject to this Circular for consideration and disciplinary action:

a) Contractual employees serving in agencies and units under the Ministry of National Defense;

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

b) Reserve military personnel during concentrated training, exercises, readiness mobilization checks, and combat readiness;

Article 2. Applicability

c) Militia and self-defense forces supporting the military in combat, combat support, and during concentrated training or other tasks as prescribed by law.

d) Citizens conscripted to serve in the military.

1. A violator is a person who commits acts violating state laws, orders, and military regulations that must be disciplined according to this Circular and relevant legal documents.

2. A state of incapacity for civil conduct is a condition where a person commits acts violating state laws, orders, and military regulations while suffering from mental illness or another disease that impairs their ability to understand or control their actions, and thus they are not subject to discipline.

3. Justifiable self-defense is the act of a person protecting their own legitimate rights or interests, or those of others, or the interests of the State, agencies, or organizations, by responding in a necessary manner to someone who is infringing upon these interests.

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

Article 3. Explanation of Terms

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

5. Force majeure is an act of violating state laws, orders, and military regulations that occurs objectively and cannot be foreseen or prevented despite the application of all necessary and possible measures.

2. The state of lacking capacity to act under civil law is the condition of a person who commits a violation of state laws, regulations, or military rules while suffering from mental illness or another disease that impairs their ability to perceive or control their actions, and thus shall not be subject to disciplinary action.

3. Justifiable defense is the act of a person who, to protect their own legitimate rights or interests, those of others, or the interests of the State, agencies, or organizations, resists in a necessary manner against someone who is infringing upon such interests.

4. Imminent peril is the 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 option but to cause a lesser harm to prevent a greater one.

5. Force majeure is the occurrence of a violation of state laws, regulations, or military rules in an objective manner that could not have been foreseen and could not have been prevented despite the application of all necessary and permissible measures.

Article 4. Principles for Disciplinary Handling

1. All disciplinary violations must be promptly detected, prevented, and strictly dealt with; consequences caused by such violations must be remedied in accordance with the provisions of the law.

2. The handling of disciplinary violations shall be conducted swiftly, accurately, openly, impartially, within the appropriate authority, ensuring fairness, and in compliance with the provisions of the law.

3. The imposition of disciplinary penalties must be based on the nature, severity, consequences of the violation, the violator, and mitigating or aggravating circumstances.

4. Any acts infringing upon the physical body, reputation, or dignity of military personnel, civil servants, workers, and defense officials during the process of considering disciplinary handling are strictly prohibited; no other forms of discipline may replace those prescribed by law.

5. The form of disciplinary action to revoke military titles and compel resignation shall not be applied to female military personnel, civil servants, workers, and defense officials during pregnancy, maternity leave, or caring for children under 12 months old.

6. The form of disciplinary action to demote military rank shall not be applied to military personnel holding the rank of first lieutenant; the form of disciplinary action to reduce pay grade shall not be applied to civil servants, workers, and defense officials receiving Grade 1 pay.

7. When handling disciplinary actions, in addition to the disciplinary form corresponding to each violation, if the violation causes material damage, the violator must also compensate. Assets, money, and materials obtained through the violation must be handled in accordance with the provisions of the law.

8. Each disciplinary violation shall only be subject to one form of disciplinary action; if a person commits multiple different violations at once, the degree of violation and the disciplinary form for each violation must be considered and clarified, but only a unified disciplinary form applicable to all violations shall be applied without exceeding the most severe disciplinary form among them.

In cases where multiple forms of disciplinary action (reducing pay grade, demoting military rank with removal from position or demotion) are imposed, it shall be decided by the competent authority.

9. Commanders, political commissars, and political officers (hereinafter referred to collectively as commanders) at various levels shall be responsible for the situation of disciplinary violations and law violations by subordinates; depending on the nature, severity of the violation, the consequences caused by the incident, and the extent of involvement in the responsibility of the direct commander and one level above, the form of disciplinary action shall be determined according to this Circular.

10. If a person committing a disciplinary violation has criminal indications, the unit shall not reduce the number of managed personnel but transfer the violation file to the Military Investigation Agency for handling in accordance with the law. In cases where the court sentences and imposes non-custodial reeducation or suspended imprisonment, the treatment and policy shall only be resolved after the court's enforcement decision is made.

Article 5. Mitigating Circumstances and Aggravating Circumstances

1. Mitigating Circumstances:

a) The violator has taken actions to prevent or mitigate 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 due to coercion or dependency in material or spiritual terms; the violation occurred in particularly difficult circumstances.

2. Aggravating Circumstances:

a) Repeated or recurrent violations;

b) Coercing someone dependent on oneself materially or spiritually to commit a disciplinary violation;

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;

d) After committing a violation, taking actions to evade or conceal the violation.

3. Circumstances specified in Clause 2 of this Article that have been defined as disciplinary violations shall not be considered as aggravating circumstances.

Article 6. Cases Not Subject to Disciplinary Review and Exemption from Disciplinary Responsibility

1. Cases Not Subject to Disciplinary Review:

a) During annual leave;

b) During treatment with confirmation from military medical facilities or healthcare facilities;

c) During maternity leave or while caring for a child under 12 months old;

d) During the period awaiting the final resolution of competent authorities regarding investigation, prosecution, and trial of criminal acts.

2. Cases Exempted from Disciplinary Responsibility:

a) When recognized by competent authorities as lacking civil capacity at the time of violation of state laws, regulations, or military rules;

b) Violation of state laws, regulations, or military rules in cases of self-defense, emergency situations, or due to force majeure;

c) Compliance with orders from superiors or assignments from authorized persons in accordance with the law and the Ministry of National Defense.

Article 7. Appeals Against Disciplinary Decisions

1. If the person violating discipline disagrees with the disciplinary decision, they have the right to appeal to the competent authority in accordance with the law and the Ministry of National Defense.

Until a decision is made by the competent authority, the person violating discipline must strictly comply with the current decision.

2. Upon receiving appeals from persons violating discipline, agencies and units must fulfill their responsibility to review and respond within the scope of their authority and within the time limit prescribed by law and the Ministry of National Defense.

Article 8. Suspension of Duty for Persons Violating Discipline

1. In cases where continuing work may affect the completion of unit tasks or hinder the verification process, battalion commanders, battalion political commissars, and equivalent positions may suspend the duty of persons under their management during the disciplinary review and processing period, temporarily assigning replacements, but must report to higher levels.

2. The suspension of duty shall not exceed three (3) months. In special cases with complex circumstances requiring clarification, it may be extended but not beyond five (5) months.

Article 9. Compensation for Damages

1. Persons violating discipline must compensate for damages caused in accordance with the law and military regulations.

2. Military personnel, civil servants, workers, and defense officials trained using state budget funds must reimburse training costs in the following cases:

a) Voluntarily dropping out of school;

b) Violating discipline to the extent that they cannot continue training;

c) Having graduated but refusing to accept duties or leaving work before completing five (5) years of service for those trained for less than five (5) years, and seven (7) years for those trained for five (5) years or more, calculated from graduation.

Article 10. Forms of Discipline

1. Forms of Discipline for Officers and Professional Soldiers

The forms of discipline for officers and professional soldiers are implemented according to the provisions of the Law on Officers of the Vietnam People's Army and Clause 1, Article 50 of the Law on Professional Soldiers, Workers, and Defense Officials, ranked from low to high as follows:

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

d) Demotion in rank;

đ) Demotion in position;

e) Removal from position;

g) Revocation of officer rank;

h) Revocation of military status.

2. Forms of Discipline for Non-Commissioned Officers and Soldiers

a) Reprimand;

b) Warning;

The forms of discipline for non-commissioned officers and soldiers are implemented according to Clause 1, Article 60 of the Law on Military Service, ranked from low to high as follows:

c) Demotion in rank;

d) Demotion in position;

đ) Removal from position;

e) Revocation of military status.

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

d) Compulsory resignation.

 

Chapter II

DISCIPLINARY ACTION FOR VIOLATIONS OF STATE LAWS, REGULATIONS, AND MILITARY RULES

Article 11. Violation of the responsibility system of commanders

1. A commander who directly or at one level above, 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, regulations, and military rules to the extent that they are subject to disciplinary action from warning onwards or are held criminally responsible shall be disciplined with reprimand up to warning.

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

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 case, the responsibility of the commander shall be handled according to Clause 1 or Clause 2 of this Article.

Article 12. Violation of the powers of commanders

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

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

a) Using military equipment and supplies to commit violations;

b) Persisting in violation despite being warned or reminded;

c) Having been disciplined and still committing violations.

Article 13. Refusal to obey orders

1. Not complying with orders or failing to perform tasks assigned by direct commanders or authorized superiors without reaching the level of criminal prosecution shall be disciplined with warning or reduction in pay grade, demotion in rank.

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

a) Being a commander or officer;

b) Inciting others to participate;

c) During combat readiness;

b) Having been disciplined and still committing violations.

Article 14. Non-compliance with orders

1. When receiving orders from direct commanders or authorized superiors to carry out tasks but not fully complying, being negligent, arbitrary, or delayed, causing obstacles to command and affecting the completion of unit tasks or causing consequences not yet serious, shall be disciplined with reprimand or warning.

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

a) Having been disciplined and still committing violations;

b) Inciting others to participate;

c) During combat readiness.

Article 15. Obstructing comrades in performing duties

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

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

a) Having been disciplined and still committing violations;

b) Recruiting others to participate.

Article 16. Insulting or assaulting commanders or superiors

1. Using words or actions to insult the dignity, honor, reputation, or body of commanders or superiors shall be disciplined with reprimand, warning up to reduction in pay grade, demotion in rank.

2. If there is a violation of any of the following cases, they shall be disciplined with removal from position, dismissal, revocation of officer rank up to revocation of military status, forced resignation:

a) Being an officer;

b) Causing injury or harm to health but not reaching the level of criminal prosecution.

c) Recruiting others to participate.

Article 17. Insulting or using torture against subordinates

1. Commanders or superiors using words or actions to insult the dignity, honor, or body of subordinates shall be disciplined with reprimand, warning up to reduction in pay grade, demotion in rank.

2. If there is a violation of any of the following cases, they shall be disciplined with removal from position, dismissal, revocation of officer rank up to revocation of military status, forced resignation:

a) Having been disciplined and still committing violations;

b) Causing injury or harm to health but not reaching the level of criminal prosecution.

Article 18. Insulting and Assaulting Comrades

1. Using words or actions that insult the dignity, honor, or physical integrity of comrades who are not in a command-subordinate relationship shall be subject to disciplinary measures of reprimand or warning.

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

a) Causing injury or harm to health but not reaching the level of criminal prosecution.

b) Inciting others to participate;

c) Having been disciplined but still violating.

d) Affecting the performance of unit tasks.

Article 19. Unauthorized Absence

1. Being absent from the unit for less than 24 (twenty-four) hours two or more times, or for 24 (twenty-four) hours or more up to 3 (three) days for officers, professional soldiers, workers, and defense officials; or for less than 24 (twenty-four) hours two or more times, or for 24 (twenty-four) hours or more up to 7 (seven) days for non-commissioned officers and soldiers without permission from the competent commander shall be subject to disciplinary measures of reprimand or warning.

2. If violating any of the following circumstances, disciplinary measures ranging from warning to demotion in pay grade or reduction in rank shall apply:

a) Having been disciplined and still committing violations;

b) Inciting others to participate;

c) Affecting the performance of unit tasks.

Article 20. Desertion

1. Leaving the unit voluntarily for the first time for more than 3 (three) days for officers, professional soldiers, workers, and defense officials; or for more than 7 (seven) days for non-commissioned officers and soldiers, but not falling under the cases prescribed in the Penal Code, shall be subject to disciplinary measures ranging from warning to demotion in pay grade or reduction in rank.

2. If there is a violation of any of the following cases, they shall be disciplined with removal from position, dismissal, revocation of officer rank up to revocation of military status, forced resignation:

a) Causing consequences but not reaching a serious level.

b) While on duty.

c) Having been disciplined but still violating.

d) Inciting others to participate.

Article 21. Evading Duties

1. Inflicting self-injury, damaging one's own health, pretending to be ill, or using other deceptive methods to evade or shirk assigned duties shall be subject to disciplinary measures ranging from warning to demotion in pay grade or reduction in rank.

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

a) Being a commander or officer.

b) Having been disciplined but still violating.

c) Inciting others to participate.

Article 22. Inadvertently Revealing Secrets or Losing Confidential Military Documents

1. Inadvertently revealing secrets or losing confidential military documents or state secrets, but not reaching the level of criminal prosecution, shall be subject to disciplinary measures ranging from warning to demotion in pay grade or reduction in rank.

2. If there is a violation of any of the following cases, they shall be disciplined with removal from position, dismissal, revocation of officer rank up to revocation of military status, forced resignation:

a) Having been reminded and corrected but still failing to strictly comply;

b) In areas with unstable political security situations.

c) Having been disciplined but still violating.

d) The unit failing to complete its tasks.

Article 23. False Reporting, Delayed Reporting, or Failure to Report

1. Providing false reports, delayed reports, or failing to report in order to deceive superiors, cover up, evade responsibility, or blame others shall be subject to disciplinary measures of reprimand or warning.

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

a) Having been disciplined and still committing violations;

b) Affecting the unit's inability to complete its tasks or adversely affecting the reputation and honor of others;

c) Personally performing important tasks.

d) In areas with unstable political security situations.

Article 24. Violations of Combat Readiness, Command Duty, Guard Duty, and Professional Duty Regulations

1. Leaving one’s post voluntarily or failing to complete assigned tasks shall be subject to disciplinary measures of reprimand or warning.

2. If having been disciplined but still repeating the violation, disciplinary measures ranging from demotion in pay grade or reduction in rank to reduction in position or removal from position shall apply.

Article 25. Violations of Protection Regulations

1. Not strictly adhering to patrol, guard, escort, and convoy regulations shall be subject to disciplinary measures of reprimand or warning.

2. If violating during the protection of important targets, disciplinary measures ranging from demotion in pay grade or reduction in rank to reduction in position or removal from position shall apply.

Article 26. Violations of Safety Regulations

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

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

a) Having been disciplined and still committing violations;

b) Being a specialist or lacking responsibility in preventing consequences.

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

Article 27. Violations of regulations on management and use of military weapons and technical equipment

1. Managing and using military weapons and technical equipment in violation of regulations resulting in loss of safety for personnel, weapons, equipment, means, and property shall be subject to disciplinary action ranging from reprimand to demotion in rank.

2. If there is a violation of any of the following cases, they shall be disciplined with removal from position, dismissal, revocation of officer rank up to revocation of military status, forced resignation:

a) Being a commander or officer;

b) Being a person with expertise in military weapons and technical equipment;

c) Having been disciplined and still committing violations.

Article 28. Negligently losing or damaging military weapons and technical equipment

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

2. If there is a violation of any of the following cases, they shall be disciplined with removal from position, dismissal, revocation of officer rank up to revocation of military status, forced resignation:

a) Being a commander or officer;

b) During combat or combat readiness;

c) Without taking positive measures to prevent;

Article 29. Appropriating or destroying war trophies

1. Appropriating or destroying war trophies but not reaching the level of criminal prosecution shall be subject to disciplinary action ranging from reprimand to demotion in rank.

2. If there is a violation of any of the following cases, they shall be disciplined with removal from position, dismissal, revocation of officer rank up to revocation of military status, forced resignation:

a) Being a commander or officer;

b) Having been disciplined but still violating.

c) Causing negative impact on the unit.

Article 30. Harassing civilians

1. When interacting with civilians and engaging in demanding, requesting, harassing, causing inconvenience, difficulties, hindering normal civilian life, or infringing upon the health, dignity, honor, or property of civilians without reaching the level of criminal prosecution shall be subject to disciplinary action ranging from reprimand to demotion in rank.

2. If there is a violation of any of the following cases, they shall be disciplined with removal from position, dismissal, revocation of officer rank up to revocation of military status, forced resignation:

a) Being a commander or officer;

b) Inciting others to participate;

c) In areas with ongoing combat or emergency situations;

d) Affecting the reputation and honor of the Military.

Article 31. Exceeding military needs while performing duties

1. While performing duties, exceeding the necessary scope of military needs causing damage to state, organization, or individual assets:

a) From 10,000,000 (ten million) VND to 20,000,000 (twenty million) VND shall be subject to disciplinary action of reprimand;

b) Over 20,000,000 (twenty million) VND to under 50,000,000 (fifty million) VND shall be subject to disciplinary action of warning.

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

a) Being a commander or officer;

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 32. Abusing prisoners of war or surrendered soldiers

Violating policies on prisoners of war or surrendered soldiers, abusing prisoners of war or surrendered soldiers but not reaching the level of criminal prosecution shall be subject to disciplinary action ranging from reprimand to demotion in rank.

Article 33. Appropriating assets

1. Taking advantage of position, authority, or using other methods to appropriate state, organizational, or citizen assets 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 there is a violation of any of the following cases, they shall be disciplined with removal from position, dismissal, revocation of officer rank up to revocation of military status, forced resignation:

a) Inciting others to participate;

b) Affecting the performance of tasks of the unit.

Article 34. Violating military conduct

1. Violating regulations of the Ministry of National Defense regarding living, studying, working, etiquette, and military conduct shall be subject to disciplinary action of reprimand or warning.

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

a) Having been disciplined and still committing violations;

b) Recruiting others to participate.

Article 35. Violating public order

1. Violating laws on public order causing consequences that do not reach the level of criminal prosecution shall be subject to disciplinary action of reprimand or warning.

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

a) Having been disciplined and still committing violations;

b) Recruiting others to participate.

Article 36. Drinking alcohol or beer during work hours and being intoxicated

1. Drinking alcohol or beer during work hours or while performing tasks, or being intoxicated affecting military conduct shall be subject to disciplinary action of reprimand or warning.

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

a) Having been disciplined and still committing violations;

b) Inciting others to participate;

c) Being intoxicated with alcohol or beer while performing duties;

d) Being intoxicated causing disruption of public order, undermining civilian-military unity causing consequences that do not reach serious levels.

Article 37. Organizing military personnel to engage in economic activities contrary to regulations

1. Organizing military personnel to engage in economic activities contrary to the regulations of the Military shall be subject to disciplinary action of reprimand or demotion in rank, reduction in grade.

2. If there is a violation of any of the following cases, disciplinary action from demotion in rank, reduction in grade to reduction in position, removal from position shall be imposed.

a) Causing consequences that have not yet reached a serious level;

b) Having been disciplined and still committing violations.

Article 38. Illegally using narcotic substances

Illegally using narcotic substances shall result in disciplinary action of revocation of military title and dismissal from service.

Article 39. Disciplinary measures for other violations

1. In addition to the violations stipulated in this Circular, if the violator commits other violations which although indicative of criminal offenses, the nature and degree of danger to society are insignificant and have not reached the level of criminal prosecution, and the competent authority has concluded in writing about the violation, then the violator shall be subject to disciplinary action of reprimand or demotion in rank, reduction in grade.

2. If there is a violation of any of the following cases, they shall be disciplined with removal from position, dismissal, revocation of officer rank up to revocation of military status, forced resignation:

a) Being a commander or officer;

b) Having been disciplined but still violating.

c) Knowing that it will cause consequences but not taking preventive measures.

Article 40. Disciplinary measures for persons who violate the law and are declared guilty by the court and sentenced

1. Violating the law and being sentenced by the court to a warning penalty, fine, or non-custodial corrective education shall be subject to disciplinary action ranging from reprimand to demotion in rank, reduction in grade.

2. Violating the law and being sentenced by the court to imprisonment with suspended sentence shall be subject to disciplinary action ranging from demotion in rank, reduction in grade to reduction in position, removal from position.

3. Violating the law and being sentenced to imprisonment and required to serve the sentence at a detention center shall be subject to disciplinary action of revocation of military title (for military personnel) and dismissal from service (for civil servants, workers, and defense officials).

 

Chapter III

PROCEDURES, TIME LIMITS, AUTHORITY FOR DISCIPLINARY ACTION

Article 41. Procedures and formalities for disciplinary actions

1. The violator must self-examine in writing before the collective of the agency or unit and voluntarily accept the form of disciplinary action. If the violator is absent and does not self-examine, the agency or unit shall verify at the violator's family and place of residence and record the absence of the violator. The verification record shall be published before the agency or unit and shall have the same effect as the violator's self-examination record.

2. The collective of the agency or unit shall analyze, criticize, provide opinions on the violation and propose the form of disciplinary action. If the violator is absent, the collective of the agency or unit shall organize a meeting based on the verification record, violation file, and the violator's disciplinary violation behavior to analyze, criticize, provide opinions, and propose the form of disciplinary action.

3. The commander must directly inspect and verify or authorize the competent authority to meet the violator to allow the violator to present their opinion. If the violator is absent, the commander shall base on the verification record and violation file to conclude on the violation behavior and the form of disciplinary action against the violator.

4. Conclude on the violation disciplinary behavior.

5. Report to the Party Committee with the appropriate authority for consideration and approval (if applicable).

6. Issue a decision or propose the competent authority to issue a decision on disciplinary action according to the分级授权

7. Organize the announcement of the disciplinary decision, report upwards, and store the file at the unit.

Article 42. Procedures and formalities for disciplinary actions in certain special cases

1. In cases where the violator under command engages in acts of resisting orders or committing serious violations of the law, the commander must take immediate measures to stop and report immediately to the superior authority with the appropriate authority.

2. In cases where the violator does not comply with self-examination and disciplinary review, the commander shall base on the nature and degree of the violation, the proposal of subordinates, and the opinions of mass organizations to convene a meeting of commanders and the Party Committee to consider and decide on the form of disciplinary action within their authority.

3. In cases where the violator is disciplined with revocation of military title, the commander of the unit managing the military personnel disciplined from battalion level and equivalent or higher must send someone to hand over the disciplined military personnel along with all related files to the military authority of the district where the military personnel reside (except in cases of desertion without returning to the unit or being sentenced to imprisonment by the court).

4. In cases where military personnel who have deserted and been disciplined are absent, the unit shall send a document notifying the form of discipline and requesting the violator to return to the unit to the People's Committee of the commune, town, ward, military authority of the district where the military personnel reside, and the family of the military personnel. If after thirty days from the date of notification, the violator still does not return to the unit, they shall be considered to have been disciplined for this violation and continue to commit another violation.

5. In cases where the violator is prosecuted, indicted, and tried, the commander of battalion level and equivalent or higher shall issue a decision that the violator is not allowed to wear military uniforms during the period when the investigative authority is conducting investigation, indictment, and trial.

6. In cases where the violator has died, only the conclusion on the violation of disciplinary rules shall be made.

7. In cases where military personnel violate disciplinary rules during temporary assignment, the examination and disciplinary process shall be conducted by the organization or agency using the temporarily assigned military personnel, and all files and disciplinary decisions shall be sent back to the organization or agency managing the temporarily assigned military personnel to be stored in the military personnel's file.

8. In cases where the violator transfers to another agency or unit within the Ministry of National Defense and the violation of disciplinary rules is discovered after the transfer from the previous agency or unit, the previous agency or unit shall conduct the examination and disciplinary process, and all files and disciplinary decisions shall be sent back to the current agency or unit managing the violator to be stored in the file and monitored.

9. In cases where the violator ceases service in the military and the violation of disciplinary rules is discovered after the cessation of service, the examination and disciplinary process shall be conducted by the agency or unit that previously managed the violator.

Article 43. Statute of Limitations and Time Period for Disciplinary Action

1. The statute of limitations for disciplinary action is the time limit within which, if exceeded, the person committing the violation will not be subject to disciplinary action.

a) The statute of limitations for disciplinary action is 60 months, counted from the date of the violation. If during the statute of limitations period, the violator commits a new violation, the statute of limitations for the previous violation shall be recalculated from the date of the new violation;

b) The statute of limitations does not apply to: Violations that require disciplinary action to revoke military rank and revoke military title; violations concerning internal political security work; violations that harm national interests in defense, security, and foreign affairs; using fake or illegal certificates, diplomas, and certifications; and party members among military personnel, civil servants, workers, and defense officials who commit violations requiring disciplinary action up to expulsion.

2. The time period for disciplinary action against military personnel, civil servants, workers, and defense officials is the duration from when the violation is discovered until the disciplinary decision is made by the competent authority.

The time period for disciplinary action is three months. In cases where the circumstances are complex and require additional time for investigation and verification, the time period for disciplinary action may be extended but not more than five months.

3. If the person violating discipline is involved in a case or lawsuit being investigated, prosecuted, or adjudicated by judicial authorities, the unit shall suspend consideration of disciplinary action during the investigation, prosecution, and adjudication period. Once there is a final conclusion from the competent legal authority or an effective court judgment, disciplinary action shall be considered according to the provisions. The time period for considering disciplinary action shall be applied as stipulated in Clause 2 of this Article.

4. The person authorized to impose disciplinary action must be responsible for imposing disciplinary action on the violator within the prescribed period.

Article 44. Recognition of Progress

1. After twelve months for reprimand, warning, reduction in pay grade, demotion in military rank, and after twenty-four months for demotion in position and dismissal from position, starting from the date the disciplinary decision becomes effective, if the violator does not commit a new violation warranting disciplinary action, progress shall be recognized automatically.

2. Within twelve months for reprimand, warning, reduction in pay grade, demotion in military rank, and within twenty-four months for demotion in position and dismissal from position, starting from the date the disciplinary decision becomes effective, if the violator is again subjected to disciplinary action, the recognition of progress shall be calculated from the date the new disciplinary decision becomes effective.

3. A violator who has been recognized as making progress according to Clause 1 of this Article and subsequently commits a violation warranting disciplinary action shall be considered a new violation when reviewing disciplinary action.

Article 45. Authority to Administer Disciplinary Action Against Violators Under Management

1. Platoon leaders and equivalent positions have the authority to reprimand soldiers.

2. Company leaders and equivalent positions have the authority to reprimand platoon leaders and equivalents.

3. Battalion leaders, battalion political officers, border station chiefs, and equivalent positions have the authority:

a) To reprimand company leaders, battalion political officers, border station chiefs, and equivalents; officers and professional military personnel up to the rank of major; civil servants, workers, and defense officials with pay equivalent to the rank of major;

b) To warn platoon leaders and equivalents; non-commissioned officers up to the rank of sergeant; civil servants, workers, and defense officials with pay equivalent to the rank of senior lieutenant;

4. Regimental leaders, regiment political officers; border post chiefs, border post political officers, and equivalent positions have the authority:

a) To reprimand battalion leaders, battalion political officers, border station chiefs, and equivalents; officers and professional military personnel up to the rank of lieutenant colonel; civil servants, workers, and defense officials with a salary coefficient below 6.20;

b) To warn battalion leaders, battalion political officers, border station chiefs, and equivalents; officers and professional military personnel up to the rank of major; civil servants, workers, and defense officials with pay equivalent to the rank of major;

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

5. Brigade leaders, regiment leaders, brigade political commissars, and equivalent positions have the authority:

a) To reprimand regiment leaders, regiment political officers, border post chiefs, and equivalents; officers and professional military personnel up to the rank of colonel; civil servants, workers, and defense officials with a salary coefficient below 6.20;

b) To warn battalion leaders, battalion political officers, border station chiefs, and equivalents; officers and professional military personnel up to the rank of lieutenant colonel; civil servants, workers, and defense officials with pay equivalent to the rank of lieutenant colonel;

c) To demote in position, dismiss from position platoon leaders and equivalents;

d) To demote military rank, revoke military title to the rank of sergeant.

6. Division leaders, division political commissars, and equivalent positions have the authority:

a) To reprimand brigade leaders, brigade political commissars, and equivalents; officers and professional military personnel up to the rank of senior colonel; civil servants, workers, and defense officials with a salary coefficient below 6.80;

b) To warn regiment leaders, regiment political officers, and equivalents; officers and professional military personnel up to the rank of colonel; civil servants, workers, and defense officials with a salary coefficient below 6.20;

c) To demote in position, dismiss from position deputy regiment leaders, deputy regiment political officers, and equivalents;

d) To demote military rank, revoke military title to the rank of master sergeant.

7. Commanders, political commissars of Naval Zones, Vietnam Coast Guard Zones have the authority:

a) To reprimand flotilla commanders, flotilla political officers, and equivalents; officers and professional military personnel up to the rank of senior colonel; civil servants, workers, and defense officials with a salary coefficient below 6.80;

b) To warn ship captains, ship political officers, and equivalents; officers and professional military personnel up to the rank of colonel; civil servants, workers, and defense officials with a salary coefficient below 6.20;

c) To demote in position, dismiss from position deputy ship captains, deputy ship political officers, and equivalents;

d) To demote military rank, revoke military title to the rank of master sergeant.

8. Commanders, political commissars of units: Coast Guard Command; Command 86; Capital Command, Hanoi, branches, and equivalent positions have the authority:

a) Reprimand up to the division commander, division political commissar; the commander, political commissar of the Vietnam Coast Guard Region and equivalent positions;

b) Warning up to the regiment commander, brigade commander, regiment political commissar, brigade political commissar and equivalent positions; officers up to the rank of major general, except for the positions specified in Point a of this Clause;

c) Reduce pay grade, demote officer rank up to lieutenant colonel, professional military personnel up to colonel, civil servants, workers, and defense officials with a salary coefficient below 6.20;

d) Demote, dismiss up to deputy regiment commander, deputy brigade commander, deputy regiment political commissar, brigade political commissar and equivalent positions.

9. The commander, political commissar of the Military Region, Military Branch, Border Guard Corps, Army Corps; Director, Political Commissar of the General Logistics Department, Engineering Department, Defense Industry General Department, General Department II; Inspector General of the Ministry of National Defense and equivalent positions have the authority:

a) Reprimand up to the division commander, division political commissar; the commander, political commissar of the Naval Region; the provincial (city) military command chief, political commissar; provincial (city) Border Guard and equivalent positions;

b) Warning up to the regiment commander, brigade commander, regiment political commissar, brigade political commissar and equivalent positions, officers up to the rank of major general (except for the positions specified in Point a of this Clause);

c) Reduce pay grade, demote officer rank up to colonel, civil servants, workers, and defense officials with a salary coefficient below 6.20;

d) Demote, dismiss up to regiment commander, brigade commander; regiment political commissar, brigade political commissar; district military command chief, political commissar;

10. The Chief of the General Staff, Director of the General Political Department have the authority to impose disciplinary measures as prescribed in Clause 9 of this Article.

11. The Minister of National Defense shall handle disciplinary actions against subjects within their jurisdiction as prescribed.

 

Chapter IV

IMPLEMENTING PROVISIONS

Article 46. Effective Date

1. This Circular takes effect from April 8, 2020, and replaces Circular No. 192/2016/TT-BQP dated November 26, 2016, issued by the Minister of National Defense on the application of disciplinary forms, procedures, time limits, deadlines, and authority to handle disciplinary actions within the Ministry of National Defense.

Article 47. Responsibility for Implementation

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