Circular No. 192/2016/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

REGULATIONS ON THE APPLICATION OF DISCIPLINARY MEASURES, PROCEDURES, TIME LIMITS, AND AUTHORITY FOR DISCIPLINARY ACTION WITHIN THE MINISTRY OF NATIONAL DEFENSE

Pursuant to 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;

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;

Pursuant to Decree No. 35/2013/NĐ-CP dated April 22, 2013, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

At the proposal of the Chief of General Staff;

The Minister of National Defense issues this Circular on the application of disciplinary measures, procedures, time limits, and authority for disciplinary action within 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

1. This Circular applies to officers, professional military personnel, non-commissioned officers, soldiers (hereinafter collectively referred to as military personnel), defense workers, defense civil servants, and related agencies, units, and individuals.

2. The following subjects who violate state laws, regulations, and rules of the military shall also be subject to this Circular for disciplinary review and punishment:

a) Personnel working in agencies and organizations under the Government Cryptographic Office;

b) Contract employees serving in agencies and units under the Ministry of National Defense;

c) Military reservists during concentrated training, exercises, readiness inspection, and combat readiness periods;

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

e) Citizens conscripted to serve in the military.

Article 3. Principles of Disciplinary Actions

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, and dignity of military personnel, defense workers, and defense civil servants during the disciplinary review process are strictly prohibited; no other forms of disciplinary measures may be applied instead of those prescribed by law.

5. Disciplinary measures such as stripping military rank titles and forcing termination of employment shall not be applied to female military personnel, defense workers, and defense civil servants during pregnancy, maternity leave, or caring for children under 12 months old.

6. Disciplinary measures such as demoting military rank shall not be applied to professional military personnel holding the rank of second lieutenant; disciplinary measures such as reducing pay grade shall not be applied to professional military personnel, defense workers, and defense civil servants receiving pay grade 1.

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

8. Each violation of the law shall only be subject to one form of disciplinary measure. If a person violates multiple different violations at the same time, their violations must be examined, concluded, and clarified in terms of the degree of violation and the disciplinary measure for each violation, but only one common disciplinary measure shall be applied to all violations without exceeding the disciplinary measure for the violation with the highest penalty.

9. Commanders, political commissars, and political officers (hereinafter collectively referred to as commanders) at all levels shall be responsible for the situation of disciplinary violations and law violations by military personnel under their command; depending on the nature, degree of violation, consequences caused by the incident, and the level of involvement of the direct commander and one level above, the form of disciplinary action shall be determined according to the provisions of this Circular.

Article 4. On 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 violating discipline, there was behavior to evade or conceal the violation of discipline.

3. The circumstances prescribed in Clause 2 of this Article, if they have been defined as violations of discipline, shall not be considered as aggravating circumstances.

Article 5. Cases Not Subject to Disciplinary Review and Exemption from Disciplinary Liability

1. Cases Not Subject to Disciplinary Review

a) During annual leave, leave under regulations, or personal 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 Liability

a) Losing capacity for civil acts when violating state laws, orders, and military regulations, confirmed by the competent authority;

b) Being confirmed by the competent authority to have violated state laws, orders, and military regulations in cases of justifiable defense, emergency situations, and unexpected events;

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

Article 6. 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 7. Suspension from Work for Those Violating Discipline

1. In cases where the person violating discipline, if continuing to work, may affect the completion of tasks of the unit or cause difficulties for investigation, the brigade commander, political commissar of the brigade, and equivalent positions have the right to suspend such person from work during the period of considering and handling disciplinary actions, and temporarily designate a replacement, but must report to higher authorities.

2. The duration of suspension from work shall not exceed thirty (30) days. In special cases due to complex circumstances that need clarification, it can be extended but shall not exceed three (3) months.

Article 8. Compensation for Damage

The person violating discipline must compensate for the damage caused according to the provisions of the law and the Military.

Article 9. Forms of Disciplinary Action

1. Forms of Discipline for Officers and Professional Soldiers

The forms of disciplinary action for officers and professional soldiers are implemented according to the provisions of the Law on Officers of the Vietnam People's Army and Clause 2, Article 50 of the Law on Professional Soldiers, Workers, and Defense Civil Servants, including:

a) Reprimand;

b) Warning;

c) Demotion;

d) Dismissal;

d) Reduction in pay grade;

e) Demotion in rank;

g) Revocation of officer rank;

h) Revocation of military status.

2. Forms of Disciplinary Action for Non-Commissioned Officers and Soldiers

The forms of disciplinary action for non-commissioned officers and soldiers are implemented according to the provisions of Clause 1, Article 60 of the Law on Military Service, including:

a) Reprimand;

b) Warning;

c) Demotion;

d) Dismissal;

d) Demotion in rank;

đ) Removal from position;

3. Forms of Disciplinary Action for Workers and Defense Civil Servants

The forms of disciplinary action for workers and defense civil servants are implemented according to the provisions of Clause 2, Article 50 of the Law on Professional Soldiers, Workers, and Defense Civil Servants, including:

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 10. Violation of Responsibility System of Commanders

1. A direct commander or one level above who, due to lack of responsibility in management and command, allows military personnel, workers, and defense civil servants under their jurisdiction to violate state laws, orders, and military regulations to the extent of being subject to disciplinary action or criminal prosecution shall be disciplined with reprimand or warning.

2. If violating any of the following cases, they will be disciplined with demotion, removal from position, reduction in pay grade, or demotion in rank:

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

b) Shielding the violation behavior of subordinates.

Article 11. Violation of Authority of Commanders

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

2. If violating any of the following cases, they will be disciplined with demotion, removal from position, reduction in pay grade, or demotion in rank:

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 12. Resistance to Orders

1. Not complying with orders or failing to perform assigned tasks when directly instructed by a commander or authorized body without reaching the level of criminal prosecution, shall be disciplined with warning or demotion.

2. If violating any of the following cases, they will be disciplined with removal from position, reduction in pay grade, demotion in rank, deprivation of officer rank, or deprivation 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 13. Failure to Strictly Comply with Orders

1. When directly commanded by a superior officer or authorized authority to carry out orders or tasks but fail to fully comply, neglect, act arbitrarily, delay, thereby hindering command and affecting the completion of unit tasks or causing consequences not reaching a serious level, they shall be disciplined with reprimand or warning.

2. If violating any of the following cases, they shall be disciplined with demotion in rank or dismissal from position.

a) Having been disciplined and still committing violations;

b) Inciting others to participate;

c) During combat readiness.

Article 14. Obstructing Comrades in Fulfilling Tasks

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

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

a) Having been disciplined and still committing violations;

b) Recruiting others to participate.

Article 15. Insulting or Assaulting Commanders or Superiors

1. Using words or actions to insult the dignity, reputation, prestige, or body of commanders or superiors, they shall be disciplined with reprimand, warning, demotion in rank, or dismissal from position.

2. If violating any of the following cases, they shall be disciplined with reduction in pay grade, demotion in military rank, deprivation of officer rank, or deprivation of military title, and 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 16. Insulting or Using Cruel Methods Against Subordinates

1. Commanders or superiors using words or actions to insult the dignity, reputation, or body of subordinates, they shall be disciplined with reprimand, warning, demotion in rank, or dismissal from position.

2. If violating any of the following cases, they shall be disciplined with reduction in pay grade, demotion in military rank, deprivation of officer rank, or deprivation of military title, and 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 17. Insulting or Assaulting Comrades

1. Using words or actions to insult the dignity, reputation, or body of comrades who do not have a commanding and subordinate relationship, they shall be disciplined with reprimand or warning.

2. If violating any of the following cases, they shall be disciplined with demotion in rank, dismissal from position, reduction in pay grade, demotion in military rank, deprivation of officer rank, or deprivation of military title, and 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 18. Unauthorized Absence

1. Being absent from the unit for more than 24 (twenty-four) hours without permission from the authorized commanding officer, they shall be disciplined with reprimand or warning.

2. If violating any of the following cases, they will be disciplined with demotion, removal from position, reduction in pay grade, or demotion in rank:

a) Having been disciplined and still committing violations;

b) Inciting others to participate;

c) The absence period up to 7 (seven) days;

d) Affecting the performance of unit tasks.

Article 19. Desertion

1. Leaving the unit on their own initiative for the first time with the purpose of avoiding military service obligations, they shall be disciplined with warning or demotion in rank.

2. If violating any of the following cases, they shall be disciplined with dismissal from position, reduction in pay grade, demotion in military rank, deprivation of officer rank, or deprivation of military title, and forced resignation.

a) Being a commander or officer;

b) Causing consequences but not reaching a serious level;

c) While performing assigned duties;

d) Inciting others to participate.

Article 20. Avoiding Duties

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

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

a) Being a commander or officer.

b) Having been disciplined but still violating.

c) Inciting others to participate.

Article 21. Inadvertently Disclosing Secrets or Losing Military Secret Documents

1. Inadvertently disclosing secrets or losing military secret documents or state secrets but not reaching the level of criminal prosecution, they shall be disciplined with warning, demotion in rank, or dismissal from position.

2. If violating any of the following cases, they shall be disciplined with reduction in pay grade, demotion in military rank, deprivation of officer rank, or deprivation of military title, and 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 22. False Reporting, Delayed Reporting, or Failure to Report

1. Reporting incorrectly, delayed reporting, or failure to report with the intent to deceive superiors, cover up, evade responsibility, or shift blame onto others shall be subject to disciplinary reprimand or warning.

2. If violating any of the following cases, they will be disciplined with demotion, removal from position, reduction in pay grade, or demotion in rank:

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 23. Violations of regulations on combat readiness, command duty, administrative duty, and professional duty

1. Leaving one’s post without authorization or failing to complete assigned tasks shall be subject to disciplinary reprimand or warning.

2. If already disciplined and still repeat the violation, they shall be disciplined from demotion, dismissal from position, reduction in pay grade to demotion in military rank.

Article 24. Violations of protection regulations

1. Failing to strictly comply with regulations on patrolling, guarding, escorting, and accompanying shall be subject to disciplinary reprimand or warning.

2. If the violation occurs during the protection of important targets, they shall be disciplined from demotion, dismissal from position, reduction in pay grade to demotion in military rank.

Article 25. Violations of safety assurance regulations

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

2. If violating any of the following cases, they will be disciplined with demotion, removal from position, reduction in pay grade, or demotion in rank:

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

1. Managing or using military weapons and technical equipment in violation of regulations resulting in loss of safety for personnel, weapons, equipment, means, property, they shall be disciplined from reprimand, demotion to dismissal from position.

2. If violating any of the following cases, they shall be disciplined with reduction in pay grade, demotion in military rank, deprivation of officer rank, or deprivation of military title, and 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 27. Negligently losing or damaging military weapons and technical equipment

1. Negligently losing or damaging military weapons and technical equipment, they shall be disciplined from reprimand, reprimand, demotion to dismissal from position.

2. If violating any of the following cases, they shall be disciplined with reduction in pay grade, demotion in military rank, deprivation of officer rank, or deprivation of military title, and forced resignation.

a) Being a commander or officer;

b) During combat or combat readiness;

c) Failing to take positive measures to prevent damage.

Article 28. Appropriating or destroying war spoils

1. Appropriating or destroying war spoils but not reaching the level of criminal prosecution, they shall be disciplined from reprimand, reprimand, demotion to dismissal from position.

2. If violating any of the following cases, they shall be disciplined with reduction in pay grade, demotion in military rank, deprivation of officer rank, or deprivation of military title, and forced resignation.

a) Being a commander or officer;

b) Having been disciplined but still violating.

c) Causing negative impact on the unit.

Article 29. Harassing civilians

1. When interacting with civilians and committing acts of demanding, requesting, harassing, causing inconvenience, difficulties, hindering normal civilian life or infringing upon health, dignity, honor, property of civilians but not reaching the level of criminal prosecution, they shall be disciplined from reprimand, reprimand, demotion to dismissal from position.

2. If violating any of the following cases, they shall be disciplined with reduction in pay grade, demotion in military rank, deprivation of officer rank, or deprivation of military title, and 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 30. Misusing 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, they shall be disciplined with 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 violating any of the following cases, they shall be disciplined with demotion in rank, dismissal from position, reduction in pay grade, or demotion in military rank.

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 31. Abusing prisoners of war and surrendered personnel

Violating policies on prisoners of war and surrendered personnel, abusing prisoners of war and surrendered personnel but not reaching the level of criminal prosecution, they shall be disciplined from reprimand, reprimand, demotion to dismissal from position.

Article 32. Appropriating property

1. Taking advantage of position, authority, or using other methods to appropriate property of the State, organizations, citizens with a value under 2,000,000 (two million) VND, they shall be disciplined from reprimand, reprimand, demotion to dismissal from position.

2. If violating any of the following cases, they shall be disciplined with reduction in pay grade, demotion in military rank, deprivation of officer rank, or deprivation of military title, and forced resignation.

a) Inciting others to participate;

b) Affecting the performance of tasks of the unit.

Article 33. Violations of military conduct

1. Violating regulations of the Ministry of Defense on living, studying, working, etiquette, and military conduct, they shall be disciplined with reprimand or warning.

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

a) Having been disciplined and still committing violations;

b) Recruiting others to participate.

Article 34. Violations of public order

1. Violating laws on public order causing consequences not reaching the level for criminal prosecution shall be subject to disciplinary measures of reprimand or warning.

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

a) Having been disciplined and still committing violations;

b) Recruiting others to participate.

Article 35. Drinking alcohol or beer during working hours; being drunk

1. Drinking alcohol or beer during working hours or when performing tasks, or being drunk affecting military conduct, they shall be disciplined with reprimand or warning.

2. If violating any of the following cases, they will be disciplined with demotion, removal from position, reduction in pay grade, or demotion in rank:

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 36. Organizing military personnel to engage in economic activities contrary to regulations

1. Organizing military personnel to engage in economic activities contrary to regulations of the Military, they shall be disciplined with warning or demotion.

2. If violating any of the following cases, they shall be disciplined from dismissal from position, reduction in pay grade to demotion in military rank.

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

b) Having been disciplined and still committing violations.

Article 37. Using drugs illegally

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

Article 38. Disciplinary measures for other violations

1. In addition to violations stipulated in this Circular, if the violator commits other violations that have signs of criminal offenses, but the nature and degree of danger to society are insignificant, not reaching the level of criminal prosecution and concluded in writing by the competent authority regarding the violation, they shall be disciplined with warning or demotion.

2. If violating any of the following cases, they shall be disciplined with dismissal from position, reduction in pay grade, demotion in military rank, deprivation of officer rank, or deprivation of military title, and 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 39. Disciplinary measures for persons violating the law who are declared guilty by the court and subject to punishment 1. Persons violating the law who are sentenced by the court to a warning, fine, or non-custodial reeducation shall be disciplined with a warning, demotion, or dismissal.

2. Persons violating the law who are sentenced by the court to suspended imprisonment shall have their pay grade reduced by one level (for workers and defense officials) and their military rank reduced by one grade (for military personnel).

3. Persons violating the law who are sentenced by the court to imprisonment and must serve the sentence in prison shall be dismissed from work (for workers and defense officials) and stripped of military rank, insignia, badges, or military titles (for military personnel).

Article 40. Procedures and formalities for disciplinary measures

Chapter III

PROCEDURES, TIME LIMITS, AUTHORITY FOR DISCIPLINARY ACTION

1. The violator must self-criticize in writing before the collective of the agency or unit and acknowledge the form of disciplinary action.

2. The collective of the agency or unit analyzes, criticizes, and participates in opinions on the violation and proposes forms of disciplinary action.

3. The commander must directly inspect and verify or authorize the competent authority to directly meet with the violator for the violator to present their views.

5. Report to the competent authority for review and approval (if applicable).

4. Conclude on the violation disciplinary behavior.

Article 41. Procedures and formalities for disciplinary measures in certain special cases

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.

1. In cases where the violator under command engages in behavior opposing orders or serious violations of the law, the commander must take immediate measures to stop it and report immediately to the superior authority with jurisdiction.

2. In cases where the violator does not comply with the self-criticism and disciplinary review, the commander, based on the nature and severity of the violation, the recommendations of subordinates and mass organizations, convenes a meeting of commanders and party committees to consider and decide on the form of disciplinary action within their authority.

3. In cases where military personnel are disciplined with the stripping of military titles, the commander issuing the disciplinary decision must send someone to hand over the personnel to the military authority at the district, city district, or provincial city (hereinafter referred to collectively as the district-level authority) where the military personnel reside, along with all related files (except in cases of desertion without returning to the unit or being sentenced by the court to imprisonment and serving the sentence in prison).

4. In cases where the violator is charged, prosecuted, and tried, the commander at the regimental level and above issues a decision that the violator may not wear military uniforms during the investigation, prosecution, and trial by the investigative authority.

5. In cases where the violator has died, only the violation of disciplinary actions will be examined and concluded.

6. In cases where military personnel violate discipline while on temporary assignment, the examination and disciplinary action shall be conducted by the agency or organization using the temporarily assigned military personnel. Subsequently, all files and disciplinary decisions are sent back to the agency or unit managing the temporarily assigned military personnel for archiving in the military personnel file.

7. In cases where a violator transfers to another agency or unit within the Ministry of National Defense and the violation of disciplinary actions is discovered while working at the previous agency or unit, the previous agency or unit shall conduct the examination and disciplinary action. Subsequently, all files and disciplinary decisions are sent back to the current agency or unit managing the violator for archiving and monitoring management.

8. In cases where a violator ceases service in the military and the violation of disciplinary actions is discovered during the period of service in the military, the examination and disciplinary action shall be conducted by the military agency or unit that previously managed the violator.

8. In the case where a person who has ceased military service is found to have violated discipline during their time in the military, the disciplinary violation shall be examined and handled by the military agency or unit that previously managed them.

Article 42. Time Limit for Disciplinary Action

1. The time limit for disciplinary action is the period prescribed to examine and take disciplinary measures from the date when the violation is discovered until the competent authority completes its examination and takes action. If the time limit for disciplinary action expires, the person who violated the discipline will not be subject to disciplinary action.

2. The time limit for disciplinary action is three months.

3. In cases where the circumstances are complex and require additional investigation and verification, the time limit for disciplinary action may be extended but shall not exceed six months.

4. In cases where the person violating the discipline is involved in a case being investigated, prosecuted, or tried by judicial authorities, the time limit for examining and taking disciplinary action shall be calculated from the date the court's judgment on the violation becomes legally effective.

5. The person authorized to take disciplinary action shall be responsible for taking disciplinary action against the violator within the prescribed time limit.

Article 43. Recognition Period for Progress

1. Six months after a reprimand disciplinary measure, and twelve months after a warning or higher disciplinary measure, from the date the disciplinary decision becomes effective, if the violator is not subject to further disciplinary action, the competent authority shall issue a decision recognizing progress and record it in the violator's management file.

2. If the violator has not been recognized for progress and is subsequently subjected to disciplinary action, the recognition period for progress shall be calculated from the date the new disciplinary decision becomes effective.

3. If a violator who has been recognized for progress commits another violation and is subject to disciplinary action, such subsequent violation shall not be considered a repeat offense when examined.

4. For a violator who has been disciplined and has ceased service in the Military, six months after a reprimand disciplinary measure, and twelve months after a warning or higher disciplinary measure, from the date the disciplinary decision becomes effective, if there is no further violation, the disciplinary decision shall automatically cease to be effective.

Article 44. Authority to Take 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. Company Commanders, Political Officers of Companies; Border Guard Station Chiefs and equivalent positions have the authority:

a) To reprimand up to Platoon Leaders and equivalents, officers and professional soldiers up to the rank of Major, defense civil servants with salaries equivalent to the rank of Major;

b) To warn up to Squad Leaders and equivalents, non-commissioned officers up to the rank of Sergeant, defense civil servants with salaries equivalent to the rank of Senior Lieutenant;

4. Battalion Commanders, Political Officers of Battalions; Border Guard Post Commanders, Political Officers of Border Guard Posts and equivalent positions have the authority:

a) To reprimand up to Company Commanders, Political Officers of Companies; Border Guard Station Chiefs and equivalents, officers and professional soldiers up to the rank of Lieutenant Colonel, defense civil servants with salaries equivalent to the rank of Lieutenant Colonel;

b) To warn up to Platoon Leaders and equivalents, officers and professional soldiers up to the rank of Major, defense civil servants with salaries 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 up to Battalion Commanders, Political Officers of Battalions; Border Guard Post Commanders, Political Officers of Border Guard Posts and equivalents, officers and professional soldiers up to the rank of Colonel, defense civil servants with salaries equivalent to the rank of Colonel;

b) To warn up to Company Commanders, Political Officers of Companies; Border Guard Station Chiefs and equivalents, officers and professional soldiers up to the rank of Lieutenant Colonel, defense civil servants with salaries 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 up to Brigade Commanders, Deputy Brigade Commanders, Political Officers of Brigades and equivalents, officers and professional soldiers up to the rank of Senior Colonel, defense civil servants with salaries equivalent to the rank of Senior Colonel;

b) To warn up to Battalion Commanders, Political Officers of Battalions and equivalents, officers and professional soldiers up to the rank of Colonel, defense civil servants with salaries equivalent to the rank of Colonel;

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

d) To reduce salary grade and demote military rank up to the rank of Senior Sergeant;

đ) To strip military title up to the rank of Senior Sergeant.

7. Commanders, Political Commissars of Vietnam Coast Guard Regions have the authority:

a) To reprimand up to Squadron Commanders, Political Officers of Squadrons and equivalents, officers and professional soldiers up to the rank of Senior Colonel, defense civil servants with salaries equivalent to the rank of Senior Colonel;

b) To warn up to Ship Commanders, Political Officers of Ships and equivalents, officers and professional soldiers up to the rank of Colonel, defense civil servants with salaries equivalent to the rank of Colonel;

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

d) To reduce salary grade and demote military rank up to the rank of Senior Sergeant

đ) To strip military title up to the rank of Senior Sergeant.

8. Commanders, Political Commissars of units: Vietnam Coast Guard Command; Hanoi Capital Defense Command, Corps, Services, Naval Zones 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) To warn up to Brigade Commanders, Regiment Commanders, Political Commissars of Brigades, Regiments and equivalents, officers up to the rank of Major General, except for positions specified in Point a Clause of this Article;

c) To demote position, remove from position up to Deputy Brigade Commanders, Deputy Regiment Commanders, Deputy Political Commissars of Brigades, Regiments and equivalents;

d) To reduce salary grade and demote military rank up to the rank of Major (except for ranks first conferred by the Ministry of National Defense), defense civil servants with salaries equivalent to the rank of Major;

9. Commanders, Political Commissars of Military Regions, Services, Border Guard Force 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) To demote position, remove from position up to Brigade Commanders, Regiment Commanders; Political Commissars of Brigades, Regiments; County Military Command Chiefs, Political Officers of County Military Commands;

d) To reduce salary grade and demote military rank up to the rank of Colonel (except for ranks first conferred by the Ministry), defense civil servants with salaries equivalent to the rank of Lieutenant Colonel.

10. Chief of the General Staff, Director of the General Political Department and directors of general departments, Inspector-General of the Ministry of National Defense and equivalent positions have the authority to take disciplinary action as that of Military Region Commanders over military personnel, defense civil servants under their jurisdiction. Higher authority to take disciplinary action applies to military personnel, defense civil servants under the Minister of National Defense or competent authority.

Chapter IV

IMPLEMENTING PROVISIONS

Article 45. Effective Date

1. This Circular takes effect from January 15, 2017.

2. Abolish the following consolidated documents regarding disciplinary action for military personnel, defense civil servants:

a) Decision No. 2530/2000/QĐ-BQP dated November 2, 2000, of the Minister of National Defense, regarding the disciplinary measures for violations that do not reach the level of criminal prosecution;

b) Decision No. 82/2003/QĐ-BQP dated July 1, 2003, of the Minister of National Defense, amending and supplementing certain articles of Decision No. 2530/2000/QĐ-BQP;

c) Section 3, Chapter VIII of the Regulations on Managing Military Units of the Vietnam People's Army issued together with Circular No. 193/2011/TT-BQP dated November 23, 2011, of the Minister of National Defense.

Article 46. 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./.