Provisions on disciplinary sanctions for civil servants

 

DECREE

Regulations on Disciplinary Sanctions for Civil Servants

Pursuant to the Law on Government Organization No. 63/2025/QH15;

Based on the Civil Servant Law No. 129/2025/QH15;

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

The Government promulgates this Decree 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; application of disciplinary forms; authority, procedures, and formalities for disciplinary sanctions against civil servants.

2. This Decree applies to civil servants as defined in Article 1 of the Civil Servant Law and those who have ceased working or retired (hereinafter referred to collectively as those who have ceased working or retired).

3. Disciplinary sanctions for civil servants in public service units of the Party, Vietnam Fatherland Front, and political-social organizations shall be implemented according to this Decree and the charters of the Communist Party of Vietnam, Vietnam Fatherland Front, and political-social organizations.

Article 2. Principles for Disciplinary Sanctions

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

2. Each violation act shall only be sanctioned once with one form of disciplinary sanction. When considering disciplinary sanctions at the same time, if a civil servant commits two or more violation acts, each violation act shall be examined and concluded separately, and a common decision made using the highest form of disciplinary sanction; separate actions shall not be taken for different forms of disciplinary sanctions and multiple sanctions shall not be applied.

3. In cases where a civil servant is currently implementing a disciplinary decision and continues to commit violations, the following disciplinary measures shall apply:

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 act is subject to a more severe disciplinary sanction than the current one, then a disciplinary sanction one level higher than the current one shall be applied for the new violation act.

4. When examining disciplinary sanctions, it must be based on the content, motive, nature, degree, consequences, causes of violation, specific circumstances; aggravating and mitigating circumstances; attitude towards accepting and correcting; results of rectifying 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. A civil servant who is subject to disciplinary action by the Party shall, within thirty days from the date of publication of the Party's disciplinary decision, the agency, organization, or unit responsible for administrative disciplinary action must issue such action, except in cases where the disciplinary action has not been considered and decided upon as provided for in Article 3 of this Decree.

Administrative disciplinary measures must be commensurate with Party disciplinary measures. In cases where the Party disciplinary measure is the highest related to job performance, the personnel planning agency must report to the competent authority for administrative disciplinary action to consider and decide on the highest administrative disciplinary measure.

In cases where the Party disciplinary measure is dismissal from office but the civil servant does not hold a managerial position, the personnel planning agency must report to the competent authority for administrative disciplinary action to consider and decide on a warning administrative disciplinary measure.

In cases where there is a change in the form of Party disciplinary action, the corresponding administrative disciplinary action 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 applicable). In cases where the Party 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 that has been disciplined and continues to violate the same act within twelve months from the effective date of the disciplinary decision shall be deemed a repeat offender.

9. The disciplinary decision for a civil servant becomes effective for twelve months from the date it comes into effect. During this period, if the civil servant does not continue to commit acts violating the law to the extent requiring disciplinary action, the disciplinary decision shall automatically terminate its effectiveness without the need for a termination document.

In cases where a Party disciplinary decision has already been issued, the validity of the administrative disciplinary decision shall be calculated from the date the Party disciplinary decision becomes effective, except in cases of forced resignation, where the validity is calculated from the date of issuance of the administrative disciplinary decision.

In cases where a civil servant is currently implementing a disciplinary decision and continues to commit violations warranting disciplinary action, they shall be handled according to the provisions of Clause 3 of this Article. The disciplinary decision being implemented shall cease to be effective from the date the disciplinary decision for the new violation act becomes effective. Relevant documents concerning disciplinary actions and decisions must be retained in the civil servant's file; the disciplinary decision must be updated in the National Database on Cadres, Civil Servants, and Public Officials or specialized databases as prescribed by law. The form of disciplinary sanction must be recorded in the civil servant's record.

10. In cases where a civil servant commits a violation during their tenure at a former agency, organization, or unit and the violation is discovered after transferring to a new agency, organization, or unit while still within the statute of limitations for disciplinary action, the new agency, organization, or unit shall implement examination and disciplinary action according to the relevant laws corresponding to the current position held by the civil servant. For such cases, the former agency, organization, or unit shall be responsible for coordinating and providing all relevant files regarding the civil servant's violation during the examination and disciplinary process. Evaluations, classifications, and other related regulations shall be applied at the former unit.

11. It is not allowed to appoint spouses, parents, parents-in-law, foster parents, children, foster children, siblings, aunts, uncles, cousins, siblings-in-law, or persons with rights and obligations related to the violation act 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 illnesses or have lost their capacity to understand; those seriously ill and hospitalized with confirmation from authorized health agencies.

2. Civil servants who are female and are currently pregnant, on maternity leave, or raising a child under 12 months old, or male civil servants (in cases where their wives have died or are unable to raise the child due to force majeure or objective obstacles as stipulated in the Civil Code and laws on emergency situations) raising a child under 12 months old, except in cases where the person committing the violation has submitted a written request for disciplinary action to be considered.

3. Civil servants who are under investigation, detained, or imprisoned while awaiting the conclusion from the competent authority investigating, prosecuting, and adjudicating their criminal behavior, except in cases as decided by the competent authority.

4. Cases not subject to disciplinary action as provided for in the Resolution of the National Assembly on special mechanisms and policies to address violations of land laws by organizations and individuals that occurred before the Land Law of 2024 took effect, and to resolve difficulties and issues for ongoing and prolonged projects.

5. Other cases not subject to disciplinary action as provided for in the law.

Article 4. Cases Exempted from Disciplinary Responsibility, Cases Exempted from Liability for Disciplinary Action, Aggravating Circumstances, and Mitigating Circumstances for Disciplinary Action

1. Civil servants who commit violations falling under any of the following circumstances shall be exempted from disciplinary responsibility:

a) Being recognized by the competent authority as having lost civil capacity at the time of committing the violation.

b) Being recognized by the competent authority as having committed the violation under urgent circumstances due to force majeure or objective obstacles as stipulated in the Civil Code and laws on emergency situations while performing their duties.

c) Other cases exempted from disciplinary responsibility as provided for in the law.

2. Civil servants who commit violations to the extent that they must be considered for disciplinary action but are exempted from liability for disciplinary action in the following cases:

a) Implementing research proposals, technological development, and innovation initiatives approved by the competent authority and determined to have been carried out in accordance with policy, without corruption, malpractice, fraudulent acts, or intentional violation of the law, with sincere motives for the common good, but resulting in losses.

b) Fulfilling regulations on authority, procedures, and formalities without personal gain during the performance of duties, but causing losses due to objective reasons.

c) Committing violations to the extent that they would be subject to disciplinary action but have since passed away.

d) Cases exempted from liability for disciplinary action as provided for in the Resolution of the National Assembly on special mechanisms and policies to address violations of land laws by organizations and individuals that occurred before the Land Law of 2024 took effect, and to resolve difficulties and issues for ongoing and prolonged projects.

đ) Other cases exempted from liability for disciplinary action as provided for in the law.

3. In cases of violations involving one or more of the following aggravating circumstances, the level of disciplinary action will be increased:

a) Having been required by an organization or unit to self-criticize but failing to do so, failing to correct shortcomings or violations, failing to voluntarily acknowledge shortcomings or violations, failing to accept appropriate forms of disciplinary action corresponding to the nature, severity, and content of the violation, causing material damage that must be compensated but failing to compensate, failing to rectify consequences, or failing to return money or property obtained through violations.

b) Obstructing, evading, or hindering inspection, supervision, audit, investigation, prosecution, trial, and enforcement proceedings; covering up for violators; threatening, persecuting, or retaliating against those who struggle, report, testify, or provide evidence of violations.

c) Organizing violations, being the mastermind of violations; providing false information or reports; obstructing others from providing evidence of violations; concealing, altering, or destroying evidence; creating fake documents, files, or evidence.

d) Exploiting positions, powers, or emergency situations such as natural disasters, fires, epidemics, social welfare policies, national defense, and security to profit. Coercing, mobilizing, organizing, or assisting others to commit similar violations.

4. In cases of violations involving one or more of the following mitigating circumstances, the level of disciplinary action may be reduced:

a) Voluntarily and promptly reporting violations, acknowledging personal responsibility for shortcomings or violations, and accepting appropriate forms of disciplinary action corresponding to the nature, severity, and content 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) Proactively ceasing the violation, actively participating in preventing violations; voluntarily returning corrupt assets, compensating for damages, and rectifying consequences caused by oneself.

d) Cases eligible for reduced disciplinary action as provided for in the Resolution of the National Assembly on special mechanisms and policies to address violations of land laws by organizations and individuals that occurred before the Land Law of 2024 took effect, and to resolve difficulties and issues for ongoing and prolonged projects.

đ) Other cases eligible for reduced disciplinary action as provided for in the law.

Article 5. Statute of limitations and period for disciplinary action

1. The statute of limitations for disciplinary action is implemented according to Article 36 of the Civil Servant Law 2025. The statute of limitations for disciplinary action is calculated from the date of the violation to the date when the competent authority concludes that the violation warrants disciplinary action. If new violations occur within the period for calculating the statute of limitations, the statute of limitations for previous violations is recalculated from the date 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 include:

a) A civil servant who is a party member committing a violation that requires 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 a civil servant is the timeframe from the discovery of the civil servant's violation to the issuance of the disciplinary decision by the competent authority.

The period for disciplinary action shall not exceed 90 days; if the case involves complex circumstances requiring additional investigation and verification, the period for disciplinary action may be extended but shall not exceed 150 days.

The competent authority responsible for disciplinary action must ensure that disciplinary action is completed within the prescribed period. If the period for disciplinary action expires without issuing a disciplinary decision, they shall bear responsibility for the delay according to Party and relevant legal provisions 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 MEASURES

Article 6. Acts of violation subject to disciplinary action

1. Civil servants who commit acts of violation as prescribed by the Party and relevant laws related to the performance of their duties according to their job positions; provisions on the obligations of civil servants; matters that civil servants are not allowed to do; violations of professional ethics, office communication culture, communication with the people; violations of internal regulations and rules of agencies, organizations, 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) Violations causing serious consequences are violations with significant nature, degree, and harmful effects, affecting beyond the internal scope, causing negative public opinion among civil servants and the people, reducing the reputation of the working agency, organization, or unit.

c) Violations causing very serious consequences are violations with extremely significant nature, degree, and harmful effects, affecting the entire society, causing extremely strong public outrage among civil servants and the people, damaging the reputation of the working agency, organization, or unit.

Article 7. Forms of disciplinary action against civil servants

1. Forms of disciplinary action:

a) Reprimand;

b) Warning;

c) Removal from position, applicable to managerial civil servants;

d) Compulsory resignation.

2. A civil servant disciplined under any form prescribed in Clause 1 of this Article shall also be restricted from engaging in professional activities as provided for by relevant laws.

3. A civil servant sentenced to imprisonment by a court without probation or convicted of corruption offenses shall automatically be dismissed from employment from the date the judgment or decision becomes legally effective; a managerial civil servant found guilty and sentenced by a court, with the judgment or decision having become legally effective, shall automatically vacate the appointed position.

Article 8. Application of reprimand disciplinary action against civil servants

The reprimand disciplinary action applies to first-time violations causing minor consequences, except for violations stipulated in Clause 3 of Article 9 of this Decree, in any of the following cases:

1. Failure to comply with professional procedures, regulations, professional ethics, and conduct rules while performing duties according to the job position, having been officially reminded in writing by the competent authority.

2. Violation of laws regarding: the performance of civil servant responsibilities and tasks; labor discipline; regulations, internal rules, and work rules of public service units already officially reminded in writing by the competent authority.

3. Exploiting job positions for personal gain; having arrogant, autocratic attitudes or causing difficulties and inconvenience to the people during the execution of assigned tasks; confirming or issuing legal documents for individuals who do not meet the required conditions; insulting the dignity, personality, and reputation of others while performing duties according to the job position.

4. Evading, shirking, or failing to perform or performing incorrectly or incompletely the duties and tasks as prescribed by laws, internal rules, and regulations of agencies, organizations, units, or tasks assigned by the competent authority without valid reasons; failing to comply with decisions on job assignment and division of labor issued by the competent authority; causing discord within the agency, organization, or unit.

5. Violation of laws concerning: crime prevention and control; social evil prevention and control; public order and social safety; anti-corruption and anti-negligence; anti-waste; anti-bribery and power seeking.

6. Violation of laws concerning state secrets protection.

7. Violation of laws concerning complaints and denunciations.

8. Violation of laws concerning: investment and construction; land management and natural resources; environmental protection; finance, accounting, and banking; public asset management and utilization; science and technology, and technology transfer while performing duties according to the job position.

9. Violation of laws concerning: family violence prevention and control; marriage and family; gender equality; social security; social evil prevention and control.

10. Other violations of the Party's and relevant laws concerning civil servants.

Article 9. Application of warning disciplinary measures against civil servants

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

1. Having been disciplined with a reprimand for violating the provisions set forth in Article 8 of this Decree and committing the same violation again.

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) Management civil servants failing to fulfill their responsibilities, resulting in subordinates under their management violating laws and causing serious consequences while performing their duties according to their positions.

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

Article 10. Application of dismissal from position disciplinary measures against management civil servants

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

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

2. Committing a first-time violation causing very serious consequences as stipulated in Article 8 or Clause 3 of Article 9 of this Decree but not reaching the level of compulsory termination of employment, the violator showing a willingness to accept, correct, and proactively remedy the consequences and falling within one of the cases specified in Clause 4 of Article 4 of this Decree.

3. Using fake or illegal certificates, diplomas, or certification to be appointed to a position.

Article 11. Application of compulsory termination of employment disciplinary measures against civil servants

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

1. Having been disciplined with a dismissal from position for management civil servants or a warning for non-management civil servants and committing the same violation again.

2. Committing a first-time violation causing very serious consequences as stipulated in Article 8 or Clause 3 of Article 9 of this Decree but the violator not showing a willingness to accept, correct, and proactively remedy the consequences and falling within one of the cases specified in Clause 3 of 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.

Chapter III

AUTHORITY AND PROCEDURE, PROCESS FOR DISCIPLINARY ACTION

Section 1

DISCIPLINARY MEASURES AGAINST CIVIL SERVANTS

Article 12. Authority to impose disciplinary measures on civil servants

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

The head of the agency, organization, or unit has the authority to impose disciplinary measures as prescribed by law.

2. For non-management civil servants, the head of the public service institution employing the civil servant shall carry out the disciplinary measures and decide on the form of discipline, except for the cases stipulated in Clause 4 of Article 16 of this Decree.

3. For dispatched civil servants, the head of the agency, organization, or unit where the dispatched civil servant is assigned shall carry out the disciplinary measures, unify the form of discipline with the dispatching agency before deciding on the form of discipline. In cases of disciplinary measures involving compulsory termination of employment, the decision shall be based on the proposal of the Disciplinary Council, and the dispatching agency shall issue the decision on compulsory termination of employment.

The file and decision on disciplinary action for dispatched public officials must be sent back to the agency managing the dispatched public officials.

Article 13. Procedures and formalities for imposing disciplinary measures on civil servants

1. Disciplinary measures against public officials shall be implemented through the following steps:

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

b) Establish a Disciplinary Board;

c) Issuing a disciplinary decision.

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) Imposing disciplinary measures according to the decision of the competent authority prescribed in Clause 3 and Clause 4 of Article 3 of this Decree or having organized a review in accordance with the law and the individual has accepted responsibility for their own violation.

3. Not implementing the provisions at point a and point b of Clause 1 of this Article 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) Civil servants who have violated the law and been sentenced to imprisonment by the Court without probation or been convicted of corruption;

c) There is already a disciplinary decision of the Party, except in cases where the competent authority decides to establish a Disciplinary Council as prescribed in Clause 6 of Article 2 of this Decree.

4. Cases stipulated in Clause 2 and Clause 3 of this Article may use conclusions about violations (if any) without needing to investigate or verify again.

Article 14. Organizing meetings to review civil servants

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

a) For managing civil servants and heads of agencies, organizations, units authorized to impose disciplinary measures shall be responsible for organizing the meeting, determining the participants, and chairing the meeting;

b) For non-managing civil servants and heads of public service units employing civil servants, they shall be responsible for organizing the meeting to review. In cases where the head, all deputies of the head of the public service unit employing civil servants fall under one of the situations specified 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 public service unit employing civil servants shall organize the meeting and chair it.

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

a) Where the agency, organization, or unit where the civil servant works is a component unit, the participants in the meeting shall include all civil servants of the component unit and representatives of the leadership, party committee, and trade union (if any) of the component unit;

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

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

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

a) The chairperson of the meeting shall declare the purpose of the meeting and announce or authorize the organizational and personnel advisory body to announce the following contents: summary of work history; violation behavior; disciplinary measures already issued (if any); time of occurrence and discovery of the violation; aggravating and mitigating circumstances of the person who committed the violation; 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.

If the person who committed the violation is present at the meeting but does not prepare a self-criticism report or is absent but has submitted a written request for the meeting to be held, the review meeting will still proceed.

In case the person committing the violation is absent from the meeting announced for the second time, the meeting to review the situation 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 date the review meeting ends, the chairperson of the meeting shall be responsible for sending the report and minutes of the review meeting to the authority with the power to impose disciplinary measures. The report must clearly state the following contents:

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

b) Aggravating and mitigating circumstances;

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

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

d) Recommendations on disciplinary actions; disciplinary measures (if any), procedures for implementation.

Article 15. Disciplinary Council for Civil Servants

1. At the latest five working days from the date of receiving the report and minutes of the review meeting, the authority with the power to impose disciplinary measures as stipulated in Article 12 of this Decree shall decide to establish a Disciplinary Council to advise on the application of disciplinary measures against civil servants who have committed violations, except for the cases specified in Clause 3, Article 13 of this Decree.

2. Principles of operation of the Disciplinary Council

a) The Disciplinary Council shall convene when there are at least three members present, including the Chair of the Council;

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.

Article 16. Composition of the Disciplinary Council for Civil Servants

1. For non-managing civil servants, the Disciplinary Council shall consist of three members, including:

a) The Chair of the Disciplinary Council shall be the head or deputy head of the unit authorized to impose disciplinary measures;

b) One member of the Disciplinary Council shall be a representative of the Trade Union Executive Committee (if any) or a representative of the civil servant of the unit directly employing the civil servant in cases where the unit does not have a trade union;

c) One member of the Disciplinary Council shall be a representative of the organizational and personnel advisory department of the agency, organization, or unit authorized to impose disciplinary measures.

The Chair of the Disciplinary Council shall appoint a civil servant from the organizational and personnel advisory department or a civil servant of the unit directly employing the civil servant to participate in recording the minutes of the Disciplinary Council's meeting.

2. For managing civil servants, the Disciplinary Council shall consist of three members, including:

a) The Chair of the Disciplinary Council shall be the head or deputy head of the agency, organization, or unit authorized to impose disciplinary measures or the agency, organization, or unit authorized to impose disciplinary measures;

b) One member of the Disciplinary Council shall be the head or deputy head of the unit directly employing the civil servant;

c) One member of the Disciplinary Council shall be a representative of the organizational and personnel advisory department of the agency, organization, or unit authorized to impose disciplinary measures or the agency, organization, or unit authorized to impose disciplinary measures.

The Chair of the Disciplinary Council shall appoint a civil servant from the organizational and personnel advisory department or a civil servant of the unit directly employing the civil servant to participate in recording the minutes of the Disciplinary Council's meeting.

3. In cases where all members of the Trade Union Executive Committee specified in point b, Clause 1 of this Article fall under one of the situations specified in Clause 11, Article 2 of this Decree or are involved in the same case being considered for disciplinary action, one representative of the immediate higher-level party committee or another trade union member of that unit shall be appointed to replace them.

4. In cases where the head, all deputies of the head of the agency, organization, or unit specified in point a, Clause 1, point a, Clause 2 of this Article fall under one of the situations specified in Clause 11, Article 2 of this Decree or are involved in the same case being considered for disciplinary action, the head of the immediate superior agency of that agency, organization, or unit shall be the Chair of the Disciplinary Council.

5. In cases where the head or all deputies of the head of the unit directly employing the civil servant specified in point b, Clause 2 of this Article fall under one of the situations specified in Clause 11, Article 2 of this Decree or are involved in the same case being considered for disciplinary action, one representative of the immediate superior shall be appointed to replace them.

6. In cases where the situation specified in point c, Clause 1, point c, Clause 2 of this Article falls under one of the situations specified in Clause 11, Article 2 of this Decree or are involved in the same case being considered for disciplinary action, the competent authority to impose disciplinary measures shall decide on the replacement.

Article 17. Organizing the Disciplinary Council Meeting

1. Preparations for the Meeting

a) At least five working days before organizing the meeting of the Disciplinary Council, the summons for the meeting must be sent to the civil servant who has committed the violation. In cases where the civil servant who has committed the violation 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 committed the violation is absent at the second summons meeting, the Disciplinary Council will still proceed with the meeting;

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

c) The civil servant appointed to record the minutes of the Disciplinary Council meeting is responsible for preparing relevant materials and files related to the disciplinary handling, and recording the minutes of the Disciplinary Council meeting;

d) The disciplinary handling file submitted to the Disciplinary Council includes: the self-criticism statement, the summary of the civil servant's curriculum vitae, the minutes of the self-criticism meeting of the agency, organization, or unit using 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 meeting reads the summary of the civil servant's curriculum vitae who has committed the violation and other related documents;

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

In cases where the civil servant who has committed the violation is absent but there is a self-criticism statement, the civil servant appointed to record the minutes of the Disciplinary Council meeting reads it instead; if present but does not make a self-criticism statement or is absent without 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 meeting reads the minutes of the self-criticism meeting;

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

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

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

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

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

3. In cases where multiple civil servants within the same agency, organization, or unit commit violations, the Disciplinary Council convenes to examine and handle disciplinary actions against each civil servant.

Article 18. Decision on Disciplinary Action Against Civil Servants

1. Procedure for Issuing a Disciplinary Decision

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

b) Within five working days from the date of receiving the written recommendation of the Disciplinary Council in cases where the Disciplinary Council is established or the minutes of the self-criticism meeting of the agency, organization, or unit in cases where the Disciplinary Council is not established or the proposal of the advisory body on organization and cadres of the competent authority for disciplinary handling, the competent authority for disciplinary handling issues a disciplinary decision or concludes that the civil servant did not violate;

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

2. In cases where a civil servant who has committed a violation is sentenced to imprisonment by the Court without probation or is convicted of corruption, within fifteen working days from the date of receipt of the Court's effective judgment, the competent authority for disciplinary handling issues a decision to terminate employment.

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

Section 2

DISCIPLINARY HANDLING OF PERSONS WHO HAVE BEEN TERMINATED FROM SERVICE OR RETIRED

Article 19. Disciplinary authority for individuals who have ceased employment or retired

1. In cases where disciplinary action to revoke qualifications or positions is imposed, the competent authority that appoints the highest position shall issue the decision on disciplinary action. In this case, the competent authority shall decide on the handling of other related positions.

2. In cases where disciplinary action in the form of reprimand or warning is imposed, the competent authority that appoints the position shall issue the decision on disciplinary action.

Article 20. Procedures and formalities for disciplinary actions against individuals who have ceased employment or retired

1. Where there is a decision on disciplinary action by the competent authority against individuals who have ceased employment or retired for violations during their service period, based on the decision on disciplinary action by the competent authority, the organizational and cadre advisory body of the competent authority handling disciplinary actions shall propose the form of disciplinary action, the time of disciplinary action, and the duration of enforcement of the disciplinary action.

2. Where there is no decision on disciplinary action by the competent authority against individuals who have ceased employment or retired for violations during their service period, the competent authority handling disciplinary actions as stipulated in Article 19 of this Decree shall issue the decision on disciplinary action and bear responsibility for its decision.

Chapter IV

OTHER RELATED PROVISIONS ON DISCIPLINARY ACTION

Article 21. Related provisions when considering disciplinary actions

1. Civil servants who commit violations of the law during the period of consideration for disciplinary action or during the period of enforcement of disciplinary action or during the period of investigation, prosecution, or trial and reach retirement age shall still proceed with the procedures to enjoy retirement benefits.

2. Where the Disciplinary Council has issued a recommendation regarding disciplinary action but has not yet issued a disciplinary decision and additional circumstances related to disciplinary violations are discovered or it is found that the civil servant under consideration for disciplinary action has committed other violations of the law, the Disciplinary Council shall reconsider and recommend the form of disciplinary action.

Article 22. Related 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 who are 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 period of work covered by social insurance contributions to implement social insurance and unemployment insurance benefits as prescribed by law;

b) Public institutions authorized to manage civil servants shall retain the personnel files of civil servants subject to disciplinary action resulting in compulsory termination of employment and shall provide copies of the personnel history and performance evaluation (with confirmation) upon request by the civil servant subject to disciplinary action;

c) After twelve months from the effective date of the disciplinary decision resulting in compulsory termination of employment, the civil servant subject to disciplinary action resulting in compulsory termination of employment shall have the right to register for recruitment at state agencies, organizations, or units. In cases where compulsory termination of employment is due to corruption, embezzlement, or violation of professional ethics, registration for recruitment in positions related to the previous duties is not allowed.

2. Where the disciplinary decision for a civil servant has been concluded by the competent authority or Court as being wrongful, the head of the public institution managing the civil servant shall publicly announce the conclusion within ten working days from the date of the conclusion document issued by the competent authority or from the date the Court's decision becomes effective. If a disciplinary decision was made based on the appellate court judgment and there is no conclusion of wrongful conviction by the competent authority, but there is a change in the sentence according to the law on procedure, the competent authority handling disciplinary actions shall review and make a decision. The apology and restoration of rights for wrongfully disciplined civil servants shall be carried out according to the regulations of the competent authority.

3. Civil servants who are subject to disciplinary action in the form of removal from office or compulsory termination of employment, subsequently concluded by the competent authority or Court as wrongful and not reaching the level of removal from office or compulsory termination of employment, and whose former positions have been filled by others, the head of the public institution authorized to manage the civil servant shall be responsible for arranging them in appropriate positions or managerial roles to ensure their legitimate rights.

4. Where the competent authority resolving complaints and denunciations concludes that the disciplinary action against a civil servant was conducted in violation of the regulations on the application of forms of disciplinary action, procedures, formalities, and disciplinary authority, the authority that signed the disciplinary decision must issue a decision to revoke the disciplinary decision; simultaneously, the competent authority handling disciplinary actions must conduct a review and impose disciplinary action on the civil servant in accordance with the provisions of this Decree.

Article 23. Appeals against disciplinary decisions

A civil servant subject to disciplinary action has the right to appeal the disciplinary decision in accordance with the provisions of the law on appeals.

Chapter V

IMPLEMENTING PROVISIONS

Article 24. Transitional Provisions and Application

1. For violations under examination and handling before this Decree takes effect, the provisions of Decree No. 112/2020/NĐ-CP dated September 18, 2020 of the Government on disciplinary sanctions for officials, civil servants, and public employees (amended and supplemented by Decree No. 71/2023/NĐ-CP dated September 20, 2023 of the Government) shall continue to be applied. For violations occurring before this Decree takes effect but examined and handled after it takes effect, the provisions of this Decree shall apply, except where the law at the time of the violation is more favorable to the public employee.

2. Violations of laws on administrative offenses, anti-corruption, thrift, and forms of sanctions shall be applied according to the specialized laws. Where the specialized laws have not provided, the provisions of this Decree shall apply.

3. The Minister of National Defense and the Minister of Public Security shall decide on the application of the provisions of this Decree in their subordinate public service units.

4. The Vietnam Social Security, scientific and technological organizations, and other organizations assigned public employee quotas in accordance with the law shall decide on the application of the provisions of this Decree in their managed units.

5. Public service units entrusted with tasks by the Party and State, public service units under public service institutions, and public service units under state-owned enterprises shall decide on the application of the provisions of this Decree.

Article 25. Effective Date

1. This Decree takes effect from July 1, 2026.

2. Decree No. 112/2020/NĐ-CP dated September 18, 2020 of the Government on disciplinary sanctions for officials, civil servants, and public employees (amended and supplemented by Decree No. 71/2023/NĐ-CP dated September 20, 2023 of the Government and partially repealed by Decree No. 172/2025/NĐ-CP dated June 30, 2025 of the Government on disciplinary sanctions for officials and civil servants) shall cease to be effective from the date this Decree takes effect.

Article 26. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, Chairmen of provincial and municipal People's Committees, and relevant agencies, organizations, and individuals are responsible for implementing this Decree.