Decree No. 172/2025/NĐ-CP on Disciplinary Sanctions for Civil Servants and Officials

DECREE

Regulations on Disciplinary Sanctions for Civil Servants

Pursuant to the Government Organization Law on February 18, 2025;

Pursuant to the Civil Servant Law dated June 24, 2025;

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

The Government promulgates this Decree stipulating regulations on disciplinary sanctions for civil servants.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates principles for disciplinary sanctions; the application of disciplinary measures; the authority, procedures, and formalities for imposing disciplinary sanctions on civil servants.

2. This Decree applies to:

a) Civil servants as defined in Article 1 of the Civil Servant Law 2025;

b) Former civil servants who have retired or resigned (hereinafter referred to collectively as former civil servants).

Article 2. Principles for Disciplinary Sanctions

1. Ensuring objectivity, fairness; transparency, strictness; accuracy, timeliness; compliance with authority, procedures, and formalities.

2. Each violation shall be subject to only one disciplinary sanction. When considering disciplinary sanctions at the same time, if a civil servant commits two or more violations, each violation shall be examined and concluded separately, and a final decision shall be made using the highest form of disciplinary sanction corresponding to the most serious violation.

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

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

b) If the new violation is subject to a more severe disciplinary sanction compared to the current disciplinary sanction being implemented, a more severe disciplinary sanction shall be applied, one level higher than the disciplinary sanction applicable to the new violation.

4. When examining disciplinary sanctions, it must be based on the content, motive, nature, degree, consequences, causes, specific circumstances; aggravating and mitigating circumstances; attitude towards accepting and correcting; remedying shortcomings, violations, and consequences.

5. Administrative disciplinary sanctions shall not be replaced by administrative penalties; administrative disciplinary sanctions shall not replace criminal prosecution if the violation reaches the level requiring criminal prosecution.

6. Within thirty days from the date of announcing the disciplinary decision regarding the party, the agency, organization, or unit must implement the administrative disciplinary procedure (if any), except in cases where the examination and handling of disciplinary actions under Article 3 of this Decree have not been considered.

Administrative disciplinary sanctions must be commensurate with party disciplinary sanctions. In cases where the highest party disciplinary sanction related to official duties is imposed, the personnel management agency shall report to the competent authority for disciplinary sanctions to examine and decide on the highest administrative disciplinary sanction.

If there is a change in the form of party disciplinary sanction, the corresponding administrative disciplinary sanction must also be changed. The time already served under the previous disciplinary decision shall be deducted from the time served under the new disciplinary decision (if any). If the Party's competent authority decides to revoke the party disciplinary decision, the administrative disciplinary authority must issue a decision to revoke the administrative disciplinary decision.

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

8. A civil servant who commits a first-time violation and is disciplined, and then commits the same violation within twelve months from the effective date of the disciplinary decision, shall be deemed a repeat offender.

9. The disciplinary decision for civil servants becomes effective for twelve months from the date it takes effect.

If there is a party disciplinary decision, the effectiveness of the administrative disciplinary decision starts from the date the party disciplinary decision becomes effective. During this period, if there is no further violation of the law that requires disciplinary action, the disciplinary decision will automatically terminate its effectiveness without the need for a termination document.

If a civil servant continues to commit violations during the implementation of the disciplinary decision, they shall be handled according to the provisions of Clause 3 of this Article. The ongoing disciplinary decision will lose its effectiveness from the date the new disciplinary decision for the new violation becomes effective.

Documents related to disciplinary actions and decisions must be kept in the civil servant's file. The form of disciplinary sanction must be recorded in the civil servant's resume.

10. If a civil servant commits a violation during their tenure at the old agency, organization, or unit and such violation is discovered only after transferring to a new agency, organization, or unit, and the violation is still within the statute of limitations for disciplinary action, the new agency, organization, or unit shall conduct an examination and impose disciplinary sanctions according to the relevant laws corresponding to the current position held by the civil servant. In this case, the old agency, organization, or unit has the responsibility to cooperate and provide all related files concerning the civil servant's violation during the examination and disciplinary process.

11. It is not allowed to appoint spouses, parents, parents-in-law, foster parents, children, foster children, siblings, aunts, uncles, cousins, siblings of spouses, or persons with rights and obligations related to the violation under consideration for disciplinary action as members of the Disciplinary Council or as the chairperson of the meeting for criticism.

Article 3. Cases Not Subject to Disciplinary Action

1. Civil servants who are undergoing treatment for serious illness or have lost their capacity to understand; those who are seriously ill and hospitalized with confirmation from competent health authorities.

2. Female civil servants who are pregnant, on maternity leave, or nursing a child under 12 months old; male civil servants (in cases where the wife has died or is unable to care for the child due to force majeure or objective obstacles as stipulated by the Civil Code and laws on emergency situations) who are nursing a child under 12 months old, except when the person committing the violation requests disciplinary action in writing.

3. Civil servants who are under investigation, detained, or imprisoned awaiting conclusions from competent investigative, prosecution, and judicial authorities regarding their violation of the law; except as decided by competent authorities.

Article 4. Cases Exempted from Disciplinary Action; Exemption from Disciplinary Action or Mitigation, Aggravation of Disciplinary Measures

1. Cases exempted from disciplinary action shall be implemented according to the provisions of the Criminal Code and other relevant laws.

2. Violations with one or more of the following circumstances may be exempted from disciplinary action:

a) Confirmed by a competent authority to have lost civil capacity at the time of the violation;

b) Required to comply with a decision of a superior authority as provided for in Clause 5, Article 7 of the Civil Servants Law 2025;

c) Confirmed by a competent authority that the violation occurred in an urgent situation due to force majeure or objective obstacles as stipulated by the Civil Code and laws on emergency situations while performing official duties;

d) Implemented in accordance with regulations on authority, procedures, and formalities without personal gain during the performance of tasks but caused damage due to objective reasons;

đ) Implemented innovative proposals permitted by a competent authority and confirmed by a competent authority to have been carried out in accordance with policy, with noble motives for the common good but resulting in damage;

e) Committed a violation that would result in disciplinary action but has since passed away.

3. Violations with one or more of the following circumstances may result in mitigation of disciplinary measures:

a) Voluntarily reporting the violation, acknowledging personal responsibility for shortcomings and violations, and self-imposing appropriate disciplinary measures corresponding to the nature and severity of the violation before and during inspection and supervision;

b) Voluntarily providing information, files, and documents, fully and truthfully reflecting those involved in the violation;

c) Voluntarily ceasing the violation, actively participating in preventing the violation; voluntarily returning assets obtained through corruption, compensating for losses, and remedying consequences caused by themselves.

4. Violations with one or more of the following circumstances may result in aggravation of disciplinary measures:

a) Requested by an organization or unit to conduct a self-criticism but failed to implement it, did not correct shortcomings and violations. Did not voluntarily acknowledge shortcomings and violations, appropriate disciplinary measures corresponding to the nature and severity of the violation; caused material loss requiring compensation but did not compensate, did not remedy consequences or remedied them improperly, did not voluntarily return money or assets obtained through violations;

b) Obstructing, evading, hindering the process of inspection, supervision, audit, investigation, prosecution, trial, enforcement of judgments. Shielding violators; threatening, persecuting, retaliating against those who struggle, report, provide evidence, or supply information about violations;

c) Organized violations, being the mastermind; providing false information or reports; obstructing others from providing evidence of violations; concealing, altering, destroying evidence, fabricating documents, files, or evidence;

d) Exploiting positions, powers, taking advantage of emergency situations, natural disasters, fires, epidemics to implement social welfare and national defense policies for personal gain. Coercing, mobilizing, organizing, assisting others to commit similar violations.

Article 5. Statute of limitations and period for disciplinary action

1. The statute of limitations for disciplinary action is the time limit after which, if exceeded, civil servants, employees who have ceased work or retired with violations will not be subject to disciplinary action. The statute of limitations for disciplinary action is calculated from the date of the violation to the date when the competent authority issues a written notice on the consideration of disciplinary action. In cases where there is a new violation within the time limit for calculating the statute of limitations as prescribed, the statute of limitations for the old violation shall be recalculated from the date of occurrence of the new violation.

2. Determining the date of the violation:

a) For violations that can determine the end date, the date of the violation is counted from the end date;

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

3. Except for the cases stipulated in Clause 4 of this Article, the statute of limitations for disciplinary action is defined as follows:

a) Five years (60 months) for violations that require disciplinary action in the form of reprimand;

b) Ten years (120 months) for violations not falling under the case specified in point a of this clause.

4. Violations not subject to the statute of limitations for disciplinary action:

a) Civil servants who are Party members committing violations that require disciplinary action in the form of expulsion;

b) Committing violations concerning internal political security work;

c) Committing violations harming national interests, ethnic interests in the fields of defense, security, and foreign affairs;

d) Using fake or illegal certificates, diplomas, or certificates of confirmation.

5. The period for disciplinary action against civil servants is the timeframe from the discovery of the violation by the civil servant to the issuance of the disciplinary decision by the competent authority.

The period for disciplinary action shall not exceed ninety days; in cases where the matter has complex circumstances requiring additional investigation and verification, the period for disciplinary action may be extended but shall not exceed one hundred and fifty days.

The competent authority responsible for disciplinary action must ensure that disciplinary action is carried out within the prescribed period. If the period for disciplinary action expires without issuing a disciplinary decision, they shall bear responsibility for the delay in issuing the decision according to the regulations of the Party and relevant laws and must issue a disciplinary decision if the violation remains within the statute of limitations.

6. The following periods are not included in the statute of limitations and period for disciplinary action:

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

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

c) The time for implementing complaints or initiating administrative litigation at the Court regarding the disciplinary decision until a replacement disciplinary decision is issued.

Chapter II
VIOLATIONS AND DISCIPLINARY ACTIONS FOR CIVIL SERVANTS

Article 6. Violations subject to disciplinary action

1. Civil servants commit violations related to the provisions of the Party concerning official activities; obligations of civil servants; matters that civil servants are prohibited from doing; violations of official ethics, office communication culture, communication with the people; violations of internal rules and regulations of agencies, organizations, and units.

2. The degree of violation is determined as follows:

a) Minor consequences violations are those with minor nature and degree of harm, affecting within the internal scope, impacting the reputation of the agency, organization, or unit;

b) Serious consequence violations are those with serious nature and degree of harm, affecting outside the internal scope, causing negative public opinion among civil servants and the people, reducing the reputation of the agency, organization, or unit;

c) Very serious consequence violations are those with extremely serious nature and degree of harm, affecting the entire society, causing very strong public outrage among civil servants and the people, damaging the reputation of the agency, organization, or unit.

Article 7. Disciplinary forms for cadres and civil servants

1. For cadres

a) Reprimand;

b) Warning;

c) Removal from office, applicable to cadres who have been approved, appointed, or designated to hold positions or titles;

d) Dismissal.

2. For civil servants.

a) Reprimand;

b) Warning;

c) Removal from office, applicable to leading and managing civil servants;

d) Compulsory resignation.

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

The reprimand disciplinary form applies to cadres and civil servants whose first violation causes less serious consequences, except for violations stipulated in Clause 3, Article 9 of this Decree, in any of the following cases:

1. Violations of the duties of cadres and civil servants; actions that cadres and civil servants are not allowed to perform; violations of professional ethics, workplace communication culture, communication with the people; violations of internal regulations and rules of agencies, organizations, and units.

2. Violations of laws on: crime prevention and control; social evil prevention and control; public order and safety; corruption prevention; thrift and waste prevention.

3. Violations of regulations on: democratic centralism rules; propaganda and speech; political internal security protection.

4. Violations of laws on: investment and construction; land, natural resources, and environment management; finance, accounting, and banking; state asset and people's asset management and use contrary to regulations.

5. Other violations of the Party and laws related to cadres and civil servants.

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

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

1. Already disciplined with a reprimand according to Article 8 of this Decree and repeat the offense.

2. First-time violation causing serious consequences falling under any of the cases stipulated in Article 8 of this Decree.

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

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

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

Article 10. Application of removal from office disciplinary form for leading and managing cadres and civil servants

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

1. Already disciplined with a warning according to Article 9 of this Decree and repeat the offense.

2. First-time violation causing very serious consequences falling under any of the cases stipulated in Article 8 or Clause 3, Article 9 of this Decree but not reaching the level of compulsory resignation or dismissal, the violator has a receptive attitude, corrects mistakes, actively remedies consequences, and falls under any of the cases stipulated in Clause 3, Article 4 of this Decree.

3. Using illegal documents to be considered for planning, election, approval, or appointment to positions.

Article 11. Application of compulsory resignation disciplinary form for civil servants

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

1. Already disciplined with removal from office for leading and managing civil servants or warning for non-leading and managing civil servants and repeat the offense.

2. First-time violation causing very serious consequences falling under any of the cases stipulated in Article 8 or Clause 3, Article 9 of this Decree but the violator does not have a receptive attitude, correct mistakes, or actively remedy consequences and falls under any of the cases stipulated in Clause 4, Article 4 of this Decree.

3. Using fake or illegal certificates, diplomas, or certifications to be recruited into agencies, organizations, and units.

4. Drug addiction; in this case, there must be a conclusion from a healthcare facility or notification from an authorized agency.

Article 12. Application of disciplinary action in the form of removal from office for cadres

Cadres who commit violations as prescribed by the Law on Organization of the National Assembly, the Law on Local Administration, the Law on Election of Members of the National Assembly and People's Council Deputies, and other relevant laws shall be subject to removal from office. The authority, procedure, and process for removal from office shall be carried out in accordance with the provisions of the law.

Chapter III
AUTHORITY AND PROCEDURE, PROCESS FOR DISCIPLINARY ACTION

Section 1

AUTHORITY AND PROCEDURE, PROCESS FOR DISCIPLINARY ACTION AGAINST CADRES

Article 13. Authority to impose disciplinary action against cadres

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

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

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

3. In cases where there is no approval decision or election result approval decision pending, the authority that conducts the election decides on the imposition of disciplinary action.

Article 14. Procedure and process for imposing disciplinary action against cadres

1. Based on the disciplinary decision of the competent authority, the agency advising on cadre organization of the disciplinary authority proposes the form of disciplinary action, the time of disciplinary action, and the duration of its implementation. If the statute of limitations for disciplinary action has expired, it reports to the competent authority about not considering disciplinary action.

In cases under the disciplinary authority of the Standing Committee of the National Assembly or the Prime Minister, the competent management and usage authority must submit a proposal within seven days from the date of announcing the party disciplinary decision regarding the form of disciplinary action, the time of disciplinary action, and the duration of its implementation.

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

In cases where there is no disciplinary decision from the competent authority, the procedure and process for imposing disciplinary action on cadres shall be implemented according to Article 16 of this Decree. The disciplinary authority specified in Article 13 of this Decree decides the composition of the meeting for inspection and the composition of the Disciplinary Board.

2. The competent authority issues the disciplinary decision.

Section 2

AUTHORITY AND PROCEDURE, PROCESS FOR DISCIPLINARY ACTION AGAINST CIVIL SERVANTS

Article 15. Authority to impose disciplinary action against civil servants

1. For civil servants holding leadership or managerial positions, the authority that appoints or manages them at the appropriate level or through delegation conducts the disciplinary action and decides on the form of disciplinary action.

2. For civil servants not holding leadership or managerial positions, the authority that hires or manages them at the appropriate level or through delegation conducts the disciplinary action and decides on the form of disciplinary action, except in cases provided for in Clause 4 of Article 19 of this Decree.

3. For dispatched civil servants, the head of the agency or organization dispatching the civil servant conducts the disciplinary action, unifying the form of disciplinary action with the dispatching agency or organization before deciding on the form of disciplinary action. In cases of disciplinary action involving dismissal, based on the recommendation of the Disciplinary Action Board, the agency or organization dispatching the civil servant requests the dispatching agency or organization to issue a dismissal decision.

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

4. For civil servants working in the People's Court and the People's Procuracy, the authority to impose disciplinary action is carried out in accordance with the provisions of the competent authority managing civil servants.

Article 16. Procedure and formalities for disciplinary action against civil servants

1. Disciplinary action against civil servants shall be carried out in the following steps:

a) Organize a meeting for criticism and self-criticism;

b) Establish a Disciplinary Board;

c) The competent authority issues a decision on disciplinary action.

2. The provision at point a, Clause 1 of this Article shall not be implemented in the following cases:

a) Disciplinary action is carried out in accordance with Clause 10, Article 2 of this Decree;

b) Disciplinary action is carried out based on the decision of the competent authority as stipulated in Clause 3, Article 3 of this Decree, or has been organized to conduct criticism and self-criticism in accordance with the law and the individual has accepted responsibility for their violation.

3. The provisions at point a and point b, Clause 1 of this Article shall not be implemented in the following cases:

a) There is a conclusion from the competent agency or organization regarding the violation, including specific recommendations for disciplinary measures as prescribed;

b) The civil servant has committed a criminal act that was sentenced to imprisonment without probation or was convicted of corruption;

c) There is a decision on disciplinary action against the party membership, except in cases where the competent authority decides to establish a Disciplinary Board in accordance with Clause 6, Article 2 of this Decree.

Cases specified in Clauses 2 and 3 of this Article may use conclusions about violations (if any) without having to re-investigate or verify again.

Article 17. Organizing meetings for criticism and self-criticism of civil servants

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

a) In cases where the person being criticized is a civil servant who does not hold a leadership or management position, the head of the agency, organization, or unit employing the civil servant shall chair the meeting for criticism and self-criticism. In cases where the head, all deputy heads of the head of the agency, organization, or unit employing the civil servant fall under any of the circumstances prescribed in Clause 11, Article 2 of this Decree, or are involved in the same case being considered for disciplinary action, the leader of the superior agency directly overseeing the agency, organization, or unit employing the civil servant shall chair the meeting;

b) In cases where the person being criticized is the head or deputy head, the leader of the superior agency directly overseeing the agency, organization, or unit where the civil servant works shall be responsible for organizing the meeting for criticism and self-criticism and deciding on the participants in the meeting.

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

a) In cases where the agency, organization, or unit employing the civil servant is a component unit, the participants in the meeting are all civil servants of the component unit; representatives of the leadership and the Party committee of the advisory body on organizational and personnel work of the agency, organization, or unit employing the civil servant;

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

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

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

a) The chairperson of the meeting announces the purpose of the meeting and reports or authorizes the advisory body on organizational and personnel work to report the following contents: summary of the work process; the violation; disciplinary measures already issued (if any); the time when the violation occurred and the time it was discovered; aggravating and mitigating circumstances of the violator; the statute of limitations and deadline for handling according to the law;

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

In cases where the violator is present at the meeting but does not prepare a self-criticism report or is absent but has requested the meeting to proceed in their absence, the meeting for criticism and self-criticism shall still be held.

In cases where the violator is absent from the meeting after the second summons, the meeting for criticism and self-criticism shall still be held.

c) Participants in the meeting make statements, clearly expressing opinions on the contents prescribed in point a of this clause. At this meeting, voting or ballot shall not be conducted;

d) The chairperson of the meeting concludes.

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

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

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

b) Aggravating and mitigating circumstances;

c) Responsibility of the violator;

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

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

Article 18. Disciplinary Council for Civil Servants

1. Within the latest five working days from the date of receiving the report and the minutes of the meeting to review the misconduct, the competent authority shall decide to establish the Disciplinary Council to advise on the application of disciplinary measures against civil servants who have committed violations, except for cases stipulated in Clause 3 of this Article.

2. Principles of operation of the Disciplinary Council

a) The Disciplinary Council convenes when at least three members are present;

b) The Disciplinary Council proposes the application of disciplinary measures through secret ballot;

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

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

3. The Disciplinary Council shall not be established in cases stipulated in Clause 3 of Article 16 of this Decree.

Article 19. Composition of the Disciplinary Council for Civil Servants

1. For civil servants not holding leadership or management positions, the Disciplinary Council consists of three members, including:

a) The Chairman of the Council is the head or deputy head of the authority with the power to impose disciplinary measures;

b) One member of the Council is a representative of the organization or unit directly using the services of the civil servant;

c) One member of the Council is a representative of the department responsible for personnel work of the authority with the power to impose disciplinary measures.

The authority with the power to impose disciplinary measures appoints a representative of the department responsible for personnel work or a representative of the organization or unit using the services of the civil servant to attend and record the minutes of the Council's meetings.

2. For civil servants holding leadership or management positions, the Disciplinary Council consists of three members, including:

a) The Chairman of the Council is the head or deputy head of the authority with the power to impose disciplinary measures or a representative of the organization authorized to impose disciplinary measures;

b) One member of the Council is a representative of the organization or unit directly using the services of the civil servant;

c) One member of the Council is a representative of the department responsible for personnel work of the authority with the power to impose disciplinary measures.

The authority with the power to impose disciplinary measures appoints a representative of the department responsible for personnel work or a representative of the organization or unit using the services of the civil servant to attend and record the minutes of the Council's meetings.

3. In cases where the head and all deputies of the head of the authority specified in point a of Clause 1 and point a of Clause 2 of this Article fall under any of the cases stipulated in Clause 11 of Article 2 of this Decree or are involved in the same case being considered for disciplinary action, then the head or deputy head of the superior authority or the person authorized shall serve as the Chairman of the Council.

4. In cases where all leaders of the organizations or units directly using the services of the civil servant specified in point b of Clause 1 and point b of Clause 2 of this Article fall under any of the cases stipulated in Clause 11 of Article 2 of this Decree or are involved in the same case being considered for disciplinary action, then a representative from the superior authority will replace them.

5. In cases where the representative specified in point c of Clause 1 and point c of Clause 2 of this Article falls under any of the cases stipulated in Clause 11 of Article 2 of this Decree or is involved in the same case being considered for disciplinary action, the authority with the power to impose disciplinary measures decides on the replacement.

Article 20. Organization of Meetings of the Disciplinary Council for Civil Servants Who Have Violated Rules

1. Preparations for the Meeting

a) At least five working days before organizing the meeting of the Disciplinary Council, the summons to attend the meeting must be sent to the civil servant who has violated rules. If the civil servant who has violated rules is absent but there is a request to organize the meeting, the Disciplinary Council will still proceed with the meeting.

If the civil servant who has violated rules is absent from the second summons to attend the meeting, the Disciplinary Council will still proceed with the meeting;

b) The Disciplinary Council may invite representatives of political organizations, political-social organizations of the organization or unit where the civil servant who has violated rules works; representatives of related organizations, units, or individuals to attend the meeting. Those invited to attend the meeting have the right to express their opinions and propose disciplinary measures but cannot vote on the form of disciplinary measures;

c) The civil servant appointed to record the minutes of the Disciplinary Council's meeting is responsible for preparing relevant documents and files related to the imposition of disciplinary measures, recording the minutes of the Disciplinary Council's meeting;

d) The file for disciplinary proceedings submitted to the Disciplinary Council includes: the self-criticism statement, the summary of the civil servant's curriculum vitae, the minutes of the meeting to review the misconduct of the organization or unit using the services of the civil servant, and other related documents.

2. Procedure for the Meeting

a) The Chairman of the Disciplinary Council announces the purpose of the meeting and introduces the attending members;

b) The civil servant appointed to record the minutes of the Disciplinary Council reads the summary of the civil servant's curriculum vitae and other related documents;

c) The civil servant who has violated rules reads the self-criticism statement;

If the civil servant who has violated rules is absent but has a self-criticism statement, the civil servant appointed to record the minutes of the Disciplinary Council reads it on their behalf; if they are present but do not prepare a self-criticism statement or are absent and do not have a self-criticism statement, the Disciplinary Council proceeds with the remaining procedures of the meeting as stipulated in this clause;

d) The civil servant appointed to record the minutes of the Disciplinary Council reads the minutes of the meeting to review the misconduct;

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

e) The civil servant who has violated rules expresses their opinion; if the civil servant who has violated rules does not express their opinion or is absent, the Disciplinary Council proceeds with the remaining procedures of the meeting as stipulated in this clause;

g) The Disciplinary Council votes on whether to impose disciplinary measures or not; if the majority of ballots recommend imposing disciplinary measures, they vote on the form of disciplinary measures; voting is conducted by secret ballot with cumulative voting;

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

i) The Chairman of the Disciplinary Council and the civil servant appointed to record the minutes of the Disciplinary Council sign the minutes of the meeting.

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

Article 21. Disciplinary Decision for Civil Servants

1. Procedure for Issuing a Disciplinary Decision

a) Within five working days from the date of the meeting's conclusion, the Disciplinary Board must submit a written recommendation on disciplinary action (accompanied by the Disciplinary Board's minutes and disciplinary case file) to the competent authority with disciplinary power;

b) Within five working days from the date of receipt of the Disciplinary Board's written recommendation in cases where the Disciplinary Board is established, or the minutes of the accountability meeting of the agency, organization, unit in cases where the Disciplinary Board is not established, or the proposal of the advisory body on organizational and personnel work of the competent authority with disciplinary power, the competent authority with disciplinary power shall issue a disciplinary decision or conclude that the civil servant has not violated;

c) In cases where the violation of the civil servant involves complex circumstances, the competent authority with disciplinary power decides to extend the disciplinary processing period according to Clause 5, Article 5 of this Decree and bears responsibility for its decision.

2. In cases where a civil servant commits an act of violation and is sentenced to imprisonment by the Court without probation or is convicted of corruption, within fifteen working days from the date of receipt of the effective Court judgment, the competent authority with disciplinary power shall issue a decision to terminate employment.

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

Section 3

AUTHORITY AND PROCEDURE, PROCESS FOR DISCIPLINARY ACTION

FOR THOSE WHO HAVE RESIGNED OR RETIRED

The competent authority for disciplinary action against those who have resigned or retired is defined as follows:

1. In cases where the disciplinary action is in the form of revoking the status of position or title, the competent authority approving and deciding on the election or appointment results to the highest position or title shall issue the disciplinary decision, except for the cases stipulated in Clause 3 of this Article. In such cases, the competent authority shall decide on the disciplinary action for other related positions or titles.

2. In cases where the disciplinary action is in the form of reprimand or warning, the competent authority approving and deciding on the election or appointment results to the position or title shall issue the disciplinary decision, except for the cases stipulated in Clause 3 of this Article.

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

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

In cases under the disciplinary authority of the Standing Committee of the National Assembly or the Prime Minister, the competent management and utilization body proposes the form of disciplinary action, the time of disciplinary action, and the duration of disciplinary enforcement.

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

In cases where there is no disciplinary decision of the competent authority for those who have resigned or retired who committed violations during their service; the competent authority with disciplinary power as prescribed in Article 13 of this Decree shall decide on the disciplinary action and bear responsibility for its decision.

2. The competent authority issues the disciplinary decision.

Chapter IV
OTHER RELATED PROVISIONS ON DISCIPLINARY ACTION

Article 24. Relevant provisions when considering disciplinary action

1. Civil servants who commit acts violating the law during the period of implementing the disciplinary decision or within the disciplinary period or during the investigation, prosecution, and trial period and reach retirement age shall still have their retirement benefits processed.

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

3. The removal from judicial positions of civil servants shall be carried out in accordance with the specialized laws.

Article 25. Relevant provisions after issuing a disciplinary decision for civil servants

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

a) Civil servants subject to disciplinary action resulting in compulsory termination of employment shall not be entitled to severance benefits but shall be recognized by the social insurance agency for the time worked and social insurance contributions to implement social insurance benefits as prescribed by law;

b) The competent authority managing civil servants shall retain the personnel file of civil servants subject to compulsory termination of employment and shall be responsible for providing a summary of the curriculum vitae and evaluation (with confirmation) upon request;

c) After twelve months from the date the compulsory termination of employment disciplinary decision becomes effective, civil servants subject to compulsory termination of employment may register to apply for positions in state agencies, organizations, and units. In cases of compulsory termination of employment due to corruption, embezzlement, or violation of public service ethics, they shall not be allowed to register to apply for positions or work in positions related to the duties and public service tasks previously held.

2. If a disciplinary decision for civil servants is concluded by the competent agency, organization, unit, or Court to be wrongful or erroneous, the head of the agency, organization, or unit where the civil servant works shall publicly announce this conclusion no later than ten working days from the date of the competent agency's, organization's, or unit's conclusion or from the date the Court's decision takes effect.

In cases where a disciplinary decision has been issued based on the judgment of the appellate court and there is no conclusion of wrongful or erroneous decision by the competent authority, but subsequently, there is a change in the sentence according to the law on procedure, the handling of the issued disciplinary decision shall be reviewed and decided by the competent authority with disciplinary power.

3. Civil servants subject to disciplinary action by removal from position or compulsory termination of employment, who are later concluded by the competent authority or Court to be wrongful or erroneous, and whose previous position has been filled by another person, the head of the competent authority shall be responsible for assigning them to appropriate positions or leadership roles.

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

Article 26. Regulations and policies for cases during the period of being held in custody or detention

Civil servants who are in the period of being held in custody or detention but have not been disciplined shall be subject to the following regulations:

1. During the period of custody, detention, or being released on bail with the restriction of not leaving their place of residence, if they cannot continue working to serve the investigation, prosecution, and trial process without having been considered for disciplinary action, they shall receive 50% of their current salary level, plus leadership position allowances, allowances for seniority exceeding the framework, occupational seniority allowances, and salary retention differential coefficients (if applicable).

2. In cases where civil servants are not subject to disciplinary action or are found to be innocent or wronged, they shall be entitled to claim the remaining 50% as stipulated in Clause 1 of this Article.

3. In cases where civil servants are subject to disciplinary action leading to dismissal or被判刑有罪，他们不得领取本条第一款规定的剩余50%。

4. Civil servants who are in the period of being held in custody or detention shall be automatically suspended from work and suspended from their positions (if applicable). Upon completion of the period of custody or detention and being released on bail, the suspension from work shall be implemented according to the proposal of the investigative authority or the decision of the competent authority; if holding a position, the suspension from the position shall continue until there is a legally effective decision made by the competent authority.

Civil servants who have been indicted but are released on bail shall be automatically suspended from their positions (if applicable); the competent authority shall assign them work within its jurisdiction; the suspension from work shall be implemented according to the proposal of the investigative authority or the decision of the management agency or the delegated management authority.

The regulations and policies provided for in this Article shall apply.

Article 27. Appeals against disciplinary decisions

Civil servants who are subject to disciplinary action have the right to appeal against the disciplinary decision in accordance with the provisions of the law on appeals.

Chapter V
IMPLEMENTING PROVISIONS

Article 28. Transitional Provisions and Application of Specialized Laws

1. For violations that were examined and handled before the effective date of this Decree, the provisions of the law at the time the violation occurred shall continue to be applied for handling; for violations occurring before the effective date of this Decree but examined and handled after the effective date of this Decree, the provisions of this Decree or the provisions of the law at the time the violation occurred shall be applied if it is more favorable to the civil servant whose violation is being disciplined.

2. Violations of laws on administrative offenses, anti-corruption, and forms of punishment shall be applied according to the specialized laws. Where the specialized laws do not provide for such matters or provide differently from this Decree, the provisions of this Decree shall apply.

Article 29. Effective Date

1. This Decree takes effect from July 1, 2025.

2. The provisions on disciplinary action for civil servants in Decree No. 112/2020/NĐ-CP dated September 18, 2020 of the Government on disciplinary action for civil servants and officials, and Decree No. 71/2023/NĐ-CP dated September 20, 2023 of the Government amending and supplementing certain articles of Decree No. 112/2020/NĐ-CP dated September 18, 2020 on disciplinary action for civil servants and officials are hereby abolished.

Article 30. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and related agencies, organizations, and individuals are responsible for implementing this Decree.