DECREE NO. 27/2012/ND-CP ON DISCIPLINARY ACTION AGAINST CIVIL SERVANTS AND THEIR LIABILITY FOR COMPENSATION AND REIMBURSEMENT

 DECREE

Regulations on disciplinary sanctions for civil servants and their liability for compensation and restitution Civil servants' liability for compensation and restitution

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Civil Servant Law dated November 15, 2010;

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

The Government issues this Decree to regulate disciplinary sanctions for civil servants and their liability for compensation and restitution,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the statute of limitations and time limit for disciplinary sanctions; the application of disciplinary measures; the authority, procedures, and formalities for imposing disciplinary sanctions on civil servants and their liability for compensation and restitution.

Article 2. Applicability

1. This Decree applies to civil servants working in public service units as specified in Clause 1 and Clause 2 of Article 9 of the Law on Civil Servants.

2. This Decree does not apply to the following subjects:

a) Those holding leadership and management positions in public service units defined as civil servants under Decree No. 06/2010/NĐ-CP dated January 25, 2010 of the Government on persons who are civil servants;

b) Those working under the contractual system as prescribed in Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on implementing the contractual system for certain types of work in administrative agencies, public service units, and temporary labor contracts at public service units.

Chapter II
DISCIPLINARY SANCTIONS FOR CIVIL SERVANTS

Section 1
PRINCIPLES AND CASES FOR DISCIPLINARY SANCTIONS

Article 3. Principles of Disciplinary Actions

1. Objectivity, fairness, strictness, and compliance with the law.

2. Each violation of the law shall be subject to only one form of disciplinary sanction. If a civil servant commits multiple violations of the law or continues to commit violations during the period of enforcement of a disciplinary decision, they shall be subject to disciplinary sanctions for each individual violation and shall bear a more severe form of disciplinary sanction than that applied to the most serious violation, except in cases where the violation is subject to disciplinary sanction by dismissal from employment.

3. The attitude of accepting, correcting, and proactively remedying the consequences of a civil servant's violation of the law is a factor considered when increasing or mitigating the form of disciplinary sanction.

4. The period during which disciplinary sanctions are not considered for civil servants in the cases stipulated in Article 5 of this Decree shall not be counted towards the time limit for disciplinary sanctions.

5. Administrative penalties shall not be applied instead of disciplinary sanctions.

6. Any acts infringing upon the physical body, reputation, and dignity of a civil servant during the process of imposing disciplinary sanctions are prohibited.

Article 4. Cases for Disciplinary Sanctions

A civil servant shall be subject to disciplinary sanctions if they violate the law in any of the following cases:

1. Violation of the duties of a civil servant and matters that a civil servant is not allowed to do as prescribed in the Law on Civil Servants;

2. Violation of other duties committed in the labor contract signed with a public service unit;

3. Violation of the law resulting in a conviction by a court judgment with legal effect;

4. Violation of laws on anti-corruption; thrift and waste prevention; gender equality; social evil prevention; and other laws related to civil servants but not reaching the level of criminal prosecution.

Article 5. Cases Not Subject to Consideration for Disciplinary Sanctions

Authorities, organizations, and units with jurisdiction shall not consider disciplinary sanctions for civil servants who have violated the law in any of the following cases:

1. During annual leave, leave according to regulations, or personal leave granted by the head of a public service unit;

2. During treatment or recovery periods confirmed by authorized health authorities;

3. Female civil servants during pregnancy, maternity leave, or caring for children under 12 months old;

4. During detention or pre-trial custody awaiting investigation, prosecution, and trial conclusions regarding the violation of the law.

Article 6. Cases Exempt from Disciplinary Action

Civil servants are exempt from disciplinary action in the following cases:

1. Being recognized by the competent authority for losing civil capacity when violating the law.

2. Having their actions confirmed by the competent authority to be violations of the law under circumstances of force majeure while performing work or tasks.

Section 2
TIME LIMITS FOR DISCIPLINARY MEASURES

Article 7. Time Limit for Disciplinary Action

1. The time limit for disciplinary action is twenty-four months, from the date the civil servant commits a violation of the law until the date the head of the public service unit with the authority issues a written notice regarding the consideration of disciplinary action.

2. Upon discovering a civil servant's violation of the law, the head of the public service unit with the authority to impose disciplinary action as stipulated in Article 14 of this Decree must issue a written notice regarding the consideration of disciplinary action. The notice must clearly state the date of the civil servant's violation of the law, the date of discovery of the violation, and the deadline for disciplinary action.

Article 8. Deadline for Disciplinary Action

1. The maximum deadline for disciplinary action is two months, from the date of discovery of the civil servant's violation of the law until the date the head of the public service unit with the authority issues a decision on disciplinary action.

2. In cases involving multiple individuals, where there are items or means requiring appraisal or other complex circumstances necessitating additional investigation and inspection time, the head of the public service unit with the authority to impose disciplinary action may issue a decision to extend the deadline for disciplinary action, but not exceeding four months.

Section 3
APPLICATION OF DISCIPLINARY MEASURES

Article 9. Forms of Disciplinary Measures

1. For non-management civil servants who commit acts of violating the law, depending on the severity of the violation, they shall be subject to one of the following forms of disciplinary measures:

a) Reprimand;

b) Warning;

c) Compulsory termination of employment.

2. For management civil servants who commit acts of violating the law, depending on the severity of the violation, they shall be subject to one of the following forms of disciplinary measures:

a) Reprimand;

b) Warning;

c) Dismissal;

d) Compulsory resignation.

Article 10. Reprimand

The form of disciplinary measure of reprimand shall be applied to civil servants who commit one of the following acts of violating the law:

1. Violating the regulations, internal rules, and working procedures of the public service unit that have been formally reminded in writing by the competent authority;

2. Failing to comply with professional procedures, regulations, professional ethics, and conduct rules during the performance of their duties, which have been formally reminded in writing by the competent authority;

3. Refusing to follow work assignments by the competent authority or failing to perform work or tasks agreed upon in the employment contract without a valid reason;

4. Showing an arrogant attitude or causing difficulties and inconvenience to the people during the execution of assigned work or tasks;

5. Causing division within the unit;

6. Absenting oneself from work without a valid reason, totaling from three to less than five working days in a calendar month or consecutively from three to less than five working days;

7. Using the assets of the public service unit and the people contrary to the provisions of the law.

8. Violating laws related to anti-corruption; thrift and prevention of waste; labor discipline; gender equality; prevention of social evils, and other relevant laws concerning civil servants.

Article 11. Warning

The warning disciplinary measure shall be applied to civil servants who commit one of the following violations of the law:

1. Failure to comply with professional procedures, regulations, professional ethics, and conduct rules while performing their duties, resulting in serious consequences;

2. Refusal to follow work assignments from authorized persons or failure to perform agreed-upon tasks and responsibilities under the employment contract without legitimate reasons, affecting the unit's operations;

3. Using illegal documents to participate in training and development programs; to take part in examinations or to change professional titles;

4. Unauthorized absence from work for a total of five to less than seven working days in a month counted according to the Gregorian calendar or consecutively for five to less than seven working days without legitimate reasons;

5. Discrimination against ethnic groups, social strata, beliefs, or religions in any form;

6. Exploiting professional activities to propagate against the Party's guidelines and policies, state laws, or to harm traditional customs, cultural life, and spiritual life of the people and society;

7. Insulting the honor, dignity, and reputation of others while performing professional duties;

8. Illegally using narcotics reported by the police to the public service entity where the civil servant works;

9. Management civil servants failing to properly fulfill management responsibilities, allowing subordinates under their jurisdiction to violate the law and cause serious consequences while performing professional duties;

10. Being sentenced to suspended imprisonment or non-custodial reform for non-management civil servants, except in cases stipulated in Clause 1, Article 13 of this Decree;

11. Serious violation of laws on anti-corruption; thrift and waste prevention; labor discipline; gender equality; social evil prevention, and other relevant laws concerning civil servants, but showing sincere self-criticism during the disciplinary review process.

Article 12. Dismissal from Position

The dismissal from position disciplinary measure shall be applied to management civil servants who commit one of the following violations of the law:

1. Failure to complete assigned management and operational tasks without legitimate reasons, leading to serious consequences;

2. Using illegal documents to obtain a position appointment;

3. Being sentenced to suspended imprisonment or non-custodial reform;

4. Serious violation of laws on anti-corruption; thrift and waste prevention; gender equality; social evil prevention, and other relevant laws concerning civil servants.

Article 13. Compulsory Termination of Employment

The compulsory termination of employment disciplinary measure shall be applied to civil servants who commit one of the following violations of the law:

1. Being sentenced to imprisonment without suspended sentence or being convicted by the court for acts of corruption;

2. Failure to comply with professional procedures, regulations, professional ethics, and conduct rules while performing professional duties, causing particularly serious consequences;

3. Using illegal documents to be recruited into a public service entity;

4. Drug addiction confirmed by a competent health authority;

5. Unauthorized absence from work for a total of seven working days or more in a month or twenty working days or more in a year without legitimate reasons counted according to the Gregorian calendar;

6. Particularly serious violation of laws on anti-corruption, not reaching the level of criminal prosecution; laws on thrift and waste prevention; labor discipline; social evil prevention, and other relevant laws concerning civil servants.

Section 4
DISCIPLINARY AUTHORITY, PROCEDURES, AND

PROCEDURES FOR DISCIPLINARY REVIEW AND HANDLING

Article 14. Disciplinary Authority

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.

2. For civil servants not holding management positions, the head of the public service institution managing such civil servants shall conduct disciplinary actions and decide on the form of disciplinary measures.

3. For dispatched civil servants, the head of the agency, organization, or unit where the dispatched civil servant is assigned shall conduct an examination to impose disciplinary measures, propose the form of discipline, and submit the disciplinary case file back to the public service entity that dispatched the civil servant for a decision on disciplinary action within its authority.

4. For civil servants who have been transferred to new positions and their violations of laws are discovered within the prescribed statute of limitations, the head of the public service entity managing the civil servant previously shall conduct disciplinary actions, decide on the form of discipline, and send the disciplinary case file and decision to the agency, organization, or unit currently managing the civil servant. If the previous public service entity has been dissolved, merged, consolidated, divided, or separated, those responsible persons must hand over the files so that the current public service entity managing the civil servant can carry out the disciplinary process.

Article 15. Organizing Meetings for Civil Servants' Self-Criticism Regarding Violations of Laws

1. The head of the public service entity managing the civil servant is responsible for organizing a meeting for the civil servant to self-criticize and recognize disciplinary responsibility, except when the civil servant is sentenced to imprisonment by the court without probation or is convicted of corruption. The organization of the meeting for self-criticism shall be conducted as follows:

a) In cases where the public service entity managing the civil servant has a constituent unit, organize a meeting for self-criticism with all civil servants of the constituent unit where the civil servant works participating. The minutes of the meeting for self-criticism at the constituent unit shall be sent to the head of the public service entity managing the civil servant. The meeting for self-criticism of the public service entity managing the civil servant who violated the law shall be organized with representatives from the leadership, party committee, and trade union of the unit participating;

b) In cases where the public service entity managing the civil servant does not have a constituent unit, the participants in the meeting for self-criticism of the violating civil servant shall be all civil servants of the unit.

2. For managing civil servants who violate the law, the head of the agency, organization, or unit with the authority to appoint the civil servant shall be responsible for organizing the meeting for self-criticism and deciding on the participants.

3. Civil servants who violate the law must write a self-criticism report and accept the form of discipline. If a civil servant who violates the law does not write a self-criticism report, the meeting for self-criticism of the violating civil servant shall still be held.

4. The contents of meetings for self-criticism of civil servants who violate the law as stipulated in this Article must be recorded in minutes. The minutes of the meetings for self-criticism must include recommendations for applying forms of discipline against civil servants who violate the law. Within three working days from the end of the meeting for self-criticism, the minutes of the meeting for self-criticism shall be sent to the Chairman of the Disciplinary Council to organize an examination and impose disciplinary measures according to this Decree.

Article 16. Disciplinary Council

1. The person authorized to impose disciplinary measures as stipulated in Article 14 of this Decree shall decide to establish a Disciplinary Council to advise on the application of forms of discipline against civil servants who violate the law, except when the civil servant is sentenced to imprisonment by the court without probation or is convicted of corruption.

2. Principles of operation of the Disciplinary Council:

a) The Disciplinary Council shall convene only when all members are present;

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

c) The meeting of the Disciplinary Council must have minutes recording the opinions of the attending members and the results of voting on recommendations for the form of discipline to be applied to civil servants who violate the law.

3. The Disciplinary Council shall automatically dissolve after completing its tasks.

Article 17. Members of the Disciplinary Council

1. For non-management civil servants who commit violations of the law:

a) In cases where the public service unit managing the civil servant does not have component units, the Disciplinary Council shall consist of three members, including:

The Chairman of the Council shall be the head or deputy head of the public service unit managing the civil servant;

One member of the Council shall be the representative of the Trade Union Executive Committee of the public service unit managing the civil servant;

One member and Secretary of the Council shall be the representative of the department responsible for personnel work of the public service unit managing the civil servant.

b) In cases where the public service unit managing the civil servant has component units, the Disciplinary Council shall consist of five members, including:

The Chairman of the Council shall be the head or deputy head of the public service unit managing the civil servant;

One member of the Council shall be the representative of the Party Committee of the public service unit managing the civil servant;

One member of the Council shall be the representative of the Trade Union Executive Committee of the public service unit managing the civil servant;

One member of the Council shall be the representative of the unit where the civil servant subject to disciplinary action works, this member being selected and appointed by the head of the component unit;

One member and Secretary of the Council shall be the representative of the department responsible for personnel work of the public service unit managing the civil servant.

2. For management civil servants who commit violations of the law, the Disciplinary Council shall consist of five members, including:

a) The Chairman of the Council shall be the head or deputy head of the agency, organization, or unit with the authority to appoint the civil servant;

b) One member of the Council shall be the head or deputy head of the public service unit managing the civil servant;

c) One member of the Council shall be the representative of the Party Committee of the public service unit managing the civil servant or the unit responsible for managing the civil servant at a lower level;

d) One member of the Council shall be the representative of the Trade Union Executive Committee of the unit managing the civil servant or the unit responsible for managing the civil servant at a lower level;

đ) One member and Secretary of the Council shall be the representative of the department responsible for personnel work of the agency, organization, or unit with the authority to impose disciplinary measures on the civil servant.

3. It is not allowed to appoint persons related by family such as father, mother, child recognized by law, spouse, brother, sister, full-blooded sibling, daughter-in-law (son-in-law), or persons related to the violation of the law by the civil servant under consideration to participate as members of the Disciplinary Council.

Article 18. Organizing Meetings of the Disciplinary Council

1. Preparations for the meeting:

a) At least three working days before the meeting of the Disciplinary Council, the summons must be sent to the civil servant who commits violations of the law. Absence of the civil servant who commits violations of the law must be due to legitimate reasons. If the civil servant who commits violations of the law is absent after two summonses, then at the third summons, if the civil servant still remains absent, the Disciplinary Council will convene and consider and recommend disciplinary measures;

b) The Disciplinary Council may invite representatives of political organizations and socio-political organizations of the unit with the violating civil servant to attend the meeting. Those invited to attend have the right to express opinions and propose disciplinary measures but cannot vote on the form of disciplinary measures;

c) The member and Secretary of the Disciplinary Council are responsible for preparing relevant documents and records related to the disciplinary process, and recording the minutes of the Disciplinary Council's meeting;

d) The disciplinary process file submitted to the Disciplinary Council includes: the self-criticism statement, the summary of the civil servant's curriculum vitae who commits violations of the law, the minutes of the meeting to criticize the civil servant, and other relevant documents.

2. Meeting procedures:

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

b) The member and Secretary of the Disciplinary Council read the summary of the civil servant's curriculum vitae who commits violations of the law and other relevant documents;

c) The civil servant who commits violations of the law reads the self-criticism statement; if the civil servant is absent, the Secretary of the Disciplinary Council reads it on their behalf; if the civil servant who commits violations of the law does not write a self-criticism statement, the Disciplinary Council proceeds with the remaining procedures of the meeting as stipulated herein;

d) The member and Secretary of the Disciplinary Council read the minutes of the meeting to criticize the civil servant;

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

e) The civil servant who commits violations of the law expresses opinions; if the civil servant who commits violations of the law does not express opinions or is absent, the Disciplinary Council proceeds with the remaining procedures of the meeting as stipulated herein;

g) The Disciplinary Council votes secretly to recommend the application of disciplinary measures;

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 member and Secretary of the Disciplinary Council are responsible for signing the minutes of the meeting.

3. In cases where two or more civil servants in the same unit commit violations of the law, the Disciplinary Council convenes to examine and impose disciplinary actions on each civil servant.

Article 19. Disciplinary Decision

1. Procedure for issuing a disciplinary decision:

a) Within five working days from the date of the meeting's conclusion, the Disciplinary Council must submit a written recommendation on disciplinary action (accompanied by the minutes of the Disciplinary Council meeting and the disciplinary processing file) to the authorized person responsible for disciplinary action as stipulated in Article 14 of this Decree;

b) Within five working days from the date of receiving the written recommendation of the Disciplinary Council, the authorized person responsible for disciplinary action shall issue a disciplinary decision or conclude that the civil servant has not violated the law and bear responsibility for their decision;

c) In cases where the civil servant's violation involves complex circumstances, the authorized person responsible for disciplinary action may extend the time limit for disciplinary action according to Clause 2, Article 8 of this Decree and bear responsibility for their decision;

d) In cases where a civil servant commits a criminal act punishable by imprisonment without probation or is convicted of corruption, within fifteen working days from the date of receipt of the court's effective judgment, the authorized person responsible for disciplinary action shall be responsible for issuing a disciplinary decision to terminate the employment of the civil servant who has violated the law.

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

3. After twelve months from the date the disciplinary decision becomes effective, if the civil servant does not continue to commit acts violating the law to the extent requiring disciplinary action, the disciplinary decision will automatically cease to be effective.

If the civil servant continues to commit acts violating the law during the period of implementing the disciplinary decision, the disciplinary decision being implemented will cease to be effective from the date the new disciplinary decision for the new violation becomes effective.

4. All documents related to disciplinary processing and disciplinary decisions must be kept in the civil servant's file. The form of disciplinary action must be recorded in the civil servant's resume.

Article 20. Complaints

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.

Section 5
RELATED PROVISIONS

Article 21. Related provisions when considering disciplinary actions

1. In cases where a civil servant is undergoing procedures to enjoy retirement benefits and is found to have committed acts violating the law during the performance of duties, the public service unit shall suspend the procedures for enjoying retirement benefits until the date of the disciplinary decision or the conclusion of the authorized person responsible for disciplinary action that the civil servant has not violated the law.

2. In cases where the Disciplinary Council has submitted a written recommendation on 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 acts violating the law, the Disciplinary Council shall reconsider the form of disciplinary action.

Article 22. Provisions related to the enforcement of disciplinary decisions

1. Civil servants subject to termination of employment due to disciplinary action:

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

b) Public service units with authority to manage civil servants who are subject to termination of employment due to disciplinary action shall retain the files of such civil servants and are responsible for providing copies of the resume and work performance evaluation (with confirmation) when the civil servant subject to disciplinary action requests them.

2. A disciplinary decision against a civil servant that has been concluded by an authorized agency, organization, or court to be wrongful or erroneous shall be publicly announced by the head of the public service unit managing the civil servant no later than ten working days from the date of the authorized agency, organization, or court's conclusion or from the date the court's decision becomes effective.

3. In cases where a civil servant is subject to disciplinary action through dismissal or termination of employment, and subsequently an authorized agency, organization, or court concludes that the decision was wrongful or erroneous, but the former position has already been filled by another person, the head of the public service unit with authority shall be responsible for assigning the civil servant to a suitable position or management role.

4. In cases where an authorized agency, organization, or unit resolving complaints or accusations concludes that the disciplinary action against a civil servant was not conducted in accordance with the regulations on the application of disciplinary measures, procedures, and authority for disciplinary action, the person who signed the disciplinary decision must issue a decision to revoke the disciplinary decision; simultaneously, the public service unit with authority to handle disciplinary actions must re-examine and impose disciplinary action on the civil servant in accordance with this Decree.

Article 23. Treatment and policies for civil servants during temporary detention, arrest, and suspension from work

1. During the period of temporary detention or arrest for investigation, prosecution, trial purposes, or temporary suspension from work to consider disciplinary action, civil servants shall be entitled to receive 50% of their current salary level, plus position allowances, seniority allowances exceeding the standard range, and occupational seniority allowances.

2. In cases where civil servants are not subject to disciplinary action or are found to be innocent or wronged, they shall be entitled to claim the remaining 50% of their current salary level, plus position allowances, seniority allowances exceeding the standard range, and occupational seniority allowances during the period of temporary suspension from work or temporary detention or arrest.

3. In cases where civil servants are subject to disciplinary action or are declared guilty by the court, they shall not be entitled to claim the remaining 50% of their current salary level, plus position allowances, seniority allowances exceeding the standard range, and occupational seniority allowances during the period of temporary suspension from work or temporary detention or arrest.

Chapter III
LIABILITY FOR COMPENSATION AND REPAYMENT

Section 1
PRINCIPLES OF LIABILITY FOR COMPENSATION AND REPAYMENT

Article 24. Cases of liability for compensation and repayment

1. Civil servants who lose, damage equipment or engage in other actions causing harm to the assets of public service units must bear the obligation to compensate according to the provisions of this Decree.

2. When performing assigned tasks or duties, if civil servants cause damage to others, the public service unit must compensate for the damage caused by the civil servant under the provisions of civil law on liability for damages outside of contracts. Civil servants who cause damage to others and have been compensated by the public service unit must repay the public service unit according to the provisions of this Decree.

Article 25. Principles of liability for compensation and repayment

1. The decision on the amount and method of compensating for damage and repaying to the unit must be based on the fault, nature of the damaging act, and the actual extent of asset damage, ensuring objectivity, fairness, and transparency.

2. Civil servants causing damage must fulfill the obligation to compensate and repay according to the decision of the head of the public service unit or competent authority. If the civil servant is unable to compensate in one lump sum, 20% (twenty percent) of their monthly salary will be deducted until full compensation is made according to the decision of the authorized person.

3. In cases where civil servants causing damage transfer jobs, retire, or resign, they must complete the compensation and repayment before transferring, retiring, or resigning; if they are unable to compensate and repay, the public service unit managing the civil servant has the responsibility to coordinate with new agencies, organizations, units, or local authorities where the civil servant resides to continue collecting compensation and repayment until the full amount is collected according to the decision of the authorized person.

If the public service unit managing the civil servant causing damage is dissolved or merged, the agency, organization, or unit succeeding the dissolved or merged unit has the responsibility to continue collecting compensation and repayment until the full amount is collected according to the decision of the authorized person.

In cases where civil servants causing damage are sentenced to imprisonment without suspended sentence, the enforcement agency has the responsibility to collect compensation and repayment according to the decision of the effective judgment or decision of the court.

4. In cases where two or more civil servants jointly cause loss, damage, or harm to the assets of the public service unit or cause damage to others requiring the public service unit to compensate, all such civil servants must jointly bear the responsibility for compensation and repayment based on the actual extent of asset damage and the degree of fault of each individual.

5. Assets lost, damaged, or harmed due to the intentional fault of civil servants must be fully compensated and repaid by the civil servants. If assets are lost, damaged, or harmed due to the unintentional fault of civil servants, the head of the public service unit shall decide on the amount and method of compensation and repayment based on specific circumstances.

6. In cases where civil servants voluntarily submit a written application for compensation and repayment immediately after causing damage, and the authorized head of the public service unit agrees in writing on the amount, method, and deadline for compensation and repayment, there is no need to establish a Liability Compensation Handling Board as stipulated in Article 27 or a Liability Repayment Handling Board as stipulated in Article 32 of this Decree.

7. In cases where damage occurs due to force majeure, related civil servants are not liable for compensation and repayment.

Section 2
PROCEDURES AND FORMALITIES FOR REVIEW AND HANDLING LIABILITY FOR COMPENSATION

Article 26. Determination of the Value of Damaged Assets

1. When discovering civil servants engaging in acts that result in loss, damage, or destruction of equipment or other actions causing asset damage to public service units, the public service unit managing such civil servants must organize an investigation, conduct an initial assessment of the damage, and prepare a record of the incident's content as a basis for considering and handling compensation liability against the civil servant.

2. The value of damaged assets shall be determined based on the actual value of the assets (calculated according to market prices at the time of damage, loss, or harm), minus the remaining value of the assets (if any) at the time of damage, loss, or harm.

3. The public service unit managing the civil servant who caused the damage must request the civil servant to write a report on the incident, propose solutions, and simultaneously prepare to establish a Compensation Liability Handling Board in accordance with Article 27 of this Decree.

Article 27. Compensation Liability Handling Board

1. The head of the public service unit managing the civil servant must establish a Compensation Liability Handling Board to consider and resolve compensation matters within fifteen working days from the date of discovery of the civil servant causing asset damage.

2. The Compensation Liability Handling Board consists of five members, including:

a) The head or deputy head of the public service unit as the Chairman of the Board;

b) One member representing the Trade Union Executive Committee of the public service unit;

c) One member directly managing the administrative and professional activities of the civil servant required to compensate;

d) One member being an expert in the relevant field invited by the public service unit to assess the extent of damage;

đ) One member serving as Secretary of the Board representing the financial and accounting department of the public service unit.

3. In cases where the managing civil servant causes damage, the head of the superior agency, organization, or unit directly supervising the civil servant must decide to establish a Compensation Liability Handling Board in accordance with Clause 1 of this Article. The Chairman of the Board is the head or deputy head of the superior agency, organization, or unit directly supervising the civil servant causing damage.

4. It is not permitted to appoint individuals with familial relationships such as parents, children recognized by law, spouses, siblings, full-blooded brothers or sisters, daughters-in-law (sons-in-law), or those related to the civil servant who caused damage to participate in the Compensation Liability Handling Board.

Article 28. Tasks and Principles of Operation of the Compensation Liability Handling Board

1. The Compensation Liability Handling Board has the following tasks:

a) Reviewing and evaluating the nature of the damaging act; the extent of damage;

b) Determining the responsibility of the civil servant causing damage and related civil servants;

c) Advising the head of the public service unit or competent authority on the amount and method of compensation;

d) If the Board discovers that the civil servant's damaging act indicates criminal activity, the Board advises the competent authority to transfer the case file to the competent authority for handling in accordance with the law.

2. The Compensation Liability Handling Board operates under the following principles:

a) The Board convenes when at least three members, including the Chairman and Secretary, attend;

b) During discussion and decision-making, Board members must be fair, impartial, democratic, and comply with legal regulations;

c) The Board's recommendations on the amount and method of compensation are implemented through secret ballot voting according to the majority principle;

d) The meeting must have a record of the opinions of attending members and the results of the secret ballot on the recommendation of the amount and method of compensation;

đ) Meetings of the Board must include participation of the civil servant causing damage. If the civil servant causing damage is absent after two summons without a valid reason, the Board will still convene at the third summoning, and if the civil servant continues to be absent, they must execute the compensation decision.

3. The Board dissolves itself upon completion of its tasks.

Article 29. Processing Files

1. When examining and resolving compensation matters, it must be based on the processing file of the compensation liability case, including:

a) The record of the incident (or the conclusion document of the competent authority);

b) Statements from the officials causing damage and those related to the incident;

c) Economic and technical files (if available) of the equipment, devices, or assets that were lost, damaged, or harmed;

d) Preliminary assessment records of the value of the damaged property according to Clause 1, Article 26 of this Decree;

đ) Other relevant documents (if available).

2. The processing file of the compensation liability must be sent to the members of the Compensation Liability Processing Council five working days before the meeting for study.

Article 30. Procedure for Meeting of the Compensation Liability Processing Council

1. The Compensation Liability Processing Council shall convene to examine and resolve compensation matters in the following sequence:

a) The Chairman announces the participants;

b) The Council member兼任秘书的委员报告官员的损害行为和赔偿损失的程度；

c) The Council listens to explanations from the official required to compensate and hears opinions from other Council members;

d) The Council discusses and conducts a secret ballot on the amount and method of compensation;

đ) The Chairman announces the results of the secret ballot and approves the minutes of the meeting;

e) The Chairman and the Council member兼任秘书的委员签署会议记录。

2. Within five working days from the date the Compensation Liability Processing Council votes to approve the amount and method of compensation, the Chairman must establish a meeting file and send it to the head of the public service institution or the competent authority for review and decision.

3. In cases where the official causing damage disagrees with the compensation amount approved by the Compensation Liability Processing Council through voting, the official causing damage and those related may request the Compensation Liability Processing Council to hire experts or organizations for evaluation. The cost of hiring experts or organizations for evaluation shall be borne by the requesting official.

Section 3
PROCEDURE AND PROCEDURES FOR PROCESSING REPAYMENT LIABILITY

Article 31. Determination of Repayment Liability

1. When an official causes damage to another person while performing assigned work or tasks, and the public service institution has compensated the victim, the head of the public service institution managing the official shall require the official causing damage to write a statement about the incident and propose a resolution.

2. The repayment liability of the official is determined based on the amount of compensation paid by the public service institution to the victim caused by the official's actions during the performance of assigned work or tasks as stipulated by law.

Article 32. Council for Processing Repayment Liability

1. The head of the public service institution managing the official must establish a Council for Processing Repayment Liability to examine and resolve repayment matters within fifteen working days from the date the public service institution completes the payment of compensation.

2. The composition of the Council for Processing Repayment Liability includes:

a) The head or deputy head of the public service unit as the Chairman of the Board;

b) One member representing the Trade Union Executive Committee of the public service unit;

c) One Council member兼任秘书，代表公共事业单位的财务会计部门。

3. If the managing official causes damage, the head of the superior agency, organization, or unit directly responsible decides to establish a Council for Processing Compensation and Repayment Liability in accordance with Clause 1 of this Article. The Chairman of the Council is the head or deputy head of the superior agency, organization, or unit of the official causing damage.

4. It is not allowed to appoint persons with familial relationships such as parents, children recognized by law, spouse, siblings, full-blooded brothers or sisters, daughters-in-law (sons-in-law), or those related to the official who caused damage to participate in the Council for Processing Repayment Liability.

Article 33. Tasks and Principles of Operation of the Council for Processing Liability Repayment

1. The Council for Processing Liability Repayment has the following tasks:

a) Reviewing and evaluating the nature of the damaging act; the extent of damage;

b) Determining the liability of the civil servant causing damage;

c) Advising the head of the public service unit or competent authority on the amount and method of repayment.

2. The Council for Processing Liability Repayment operates according to the following principles:

a) The Council shall convene only when all members of the Council are present;

b) During discussion and decision-making, Council members must be fair, impartial, democratic, and comply with legal regulations;

c) The Council's recommendations regarding the amount and method of repayment shall be implemented through secret ballot and based on the majority principle;

d) The Council meeting must have minutes recording the opinions of attending members and the results of the secret ballot on the recommendation of the amount and method of repayment;

đ) All Council meetings must involve the civil servant causing damage. In cases where the civil servant causing damage is absent after being summoned twice by the Council without a valid reason, at the third summons, if the civil servant continues to be absent, the Council will still convene and the civil servant causing damage must execute the decision.

3. The Council for Processing Liability Repayment shall dissolve itself after completing its tasks.

Article 34. Processing Files

1. When examining and processing the liability repayment of a civil servant, it must be based on the liability repayment processing file, which includes:

a) Minutes of the incident or conclusion document of the competent authority;

b) Statements from the civil servant causing damage;

c) Documents and papers confirming the amount of compensation the public service unit had to pay;

d) Other related documents (if any).

2. The liability repayment processing file must be sent to the members of the Council for Processing Liability Repayment five working days before the Council meeting for study.

Article 35. Procedure for Council Meetings for Processing Liability Repayment

1. The Council for Processing Liability Repayment convenes to examine and resolve liability repayment according to the following procedure:

a) The Chairman announces the participants;

b) The Council member兼任秘书报告公务员造成损害的行为、公共事业单位已支付的赔偿金额和还款额度；

c) The Council listens to explanations from the civil servant and hears the opinions of Council members;

d) The Council discusses and votes secretly on the amount and method of repayment;

đ) The Chairman announces the results of the secret ballot and approves the minutes of the meeting;

e) The Chairman and the Council member兼任秘书的委员签署会议记录。

2. Within five working days from the date the Council for Processing Liability Repayment votes to approve the amount and method of repayment, the Chairman of the Council must prepare the meeting record and send it to the head of the public service unit or the competent authority for review and decision.

Section 4
IMPLEMENTATION OF COMPENSATION AND REPAYMENT DECISIONS

Article 36. Compensation and Repayment Decisions

1. Based on the recommendation of the Council for Processing Liability Compensation and Repayment, within ten working days from the date of receipt of the recommendation, the head of the public service unit or the head of the agency, organization, or directly superior unit shall issue a decision requiring the civil servant to compensate for damages or repay; the decision must clearly state the amount, method, and deadline for compensation and repayment.

2. If the opinion of the head of the public service unit or the head of the agency, organization, or directly superior unit differs from the recommendation of the Council for Processing Liability Compensation and Repayment, then the head of the public service unit or the head of the agency, organization, or directly superior unit shall make the decision and bear legal responsibility for that decision.

Article 37. Collection, submission, management and use of compensation and restitution funds and assets

1. Public service civil servants causing damage and functional units of public service institutions with damaged assets must implement compensation and restitution according to the time limit, amount, and method specified in the damage compensation decision or restitution decision.

2. Public service institutions must collect and submit to their account at the State Treasury the amount of damage compensation or restitution as prescribed by law.

3. The amount or asset for compensation or restitution provided by civil servants to public service institutions must be monitored, managed, and utilized in accordance with the provisions of the law.

Article 38. Complaints

Civil servants subject to liability for compensation or restitution have the right to file complaints about the compensation or restitution decisions made by authorized persons in accordance with the law on complaints.

Article 39. Handling of civil servants intentionally failing to fulfill their obligation to compensate or make restitution

Civil servants who fail to comply with the time limit, amount, and method of compensation or restitution specified in the damage compensation decision or restitution decision, and who have been notified three times by the responsible public service institution regarding compensation or restitution but intentionally refuse to fulfill their obligation to compensate or make restitution shall be handled in accordance with the provisions of the law.

Chapter IV
IMPLEMENTING PROVISIONS

Article 40. Effective Date

1. This Decree takes effect from May 25, 2012.

2. Abolish the regulations on disciplinary measures for civil servants stipulated in Decree No. 35/2005/NĐ-CP dated March 17, 2005 of the Government on disciplinary measures for officials and civil servants; abolish the regulations on disciplinary measures for civil servants stipulated in Decree No. 103/2007/NĐ-CP dated June 14, 2007 of the Government on the responsibilities of officials, civil servants, and civil servants in practicing thrift and combating waste; and abolish the regulations on material responsibility measures for civil servants stipulated in Decree No. 118/2006/NĐ-CP dated October 10, 2006 of the Government on material responsibility measures for officials and civil servants, which conflict with this Decree.

Article 41. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government, and related agencies, organizations, and individuals are responsible for implementing this Decree./.