Decree No. 34/2011/NĐ-CP on disciplinary measures for civil servants

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates the statute of limitations, deadlines for disciplinary actions; the application of disciplinary measures; authority, procedures, and processes for disciplinary actions against civil servants who violate laws.

2. This Decree applies to civil servants as defined in Government Decree No. 06/2010/NĐ-CP dated January 25, 2010, which specifies individuals who are civil servants.

Article 2. Principles for Disciplinary Sanctions

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

2. Each violation of the law shall only be subject to one form of disciplinary action. If a civil servant commits multiple violations of the law, they shall be disciplined for each individual violation and shall face a more severe form of disciplinary action than that applied to the most serious violation, except in cases where a violation requires disciplinary action in the form of forced resignation.

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

a) If the violation of the law is subject to a less severe or equal form of disciplinary action compared to the current disciplinary action being enforced, then a more severe form of disciplinary action than the current one shall be applied;

b) If the violation of the law is subject to a more severe form of disciplinary action compared to the current disciplinary action being enforced, then a more severe form of disciplinary action than that applied to the new violation of the law shall be applied.

The disciplinary decision currently being enforced shall cease to be effective from the date the disciplinary decision for the new violation of the law becomes effective.

4. 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 action.

5. The time during which disciplinary action is not considered for a civil servant in the cases specified in Article 4 of this Decree shall not be counted towards the deadline for disciplinary action.

6. Administrative penalties shall not be applied instead of disciplinary actions.

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

Article 3. Disciplinary Actions Against Violations

1. Violations of the duty to perform obligations, ethics, and communication culture of civil servants while performing official duties; matters that civil servants are not allowed to do as prescribed in the Civil Servants Law.

2. Violations of the law resulting in a conviction by a court with a legally binding judgment.

3. Violations of laws on anti-corruption; thrift and prevention of waste; gender equality; prevention of prostitution and other related laws concerning civil servants but not reaching the level requiring criminal prosecution.

Article 4. Cases Not Subject to Consideration for Disciplinary Action

1. During annual leave, leave under regulations, or personal leave granted by the head of the agency, organization, or unit.

2. During treatment periods confirmed by authorized health authorities.

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

4. During temporary detention or pre-trial detention awaiting investigation, prosecution, or trial conclusions by authorized agencies regarding violations of the law.

Article 5. Cases Exempted from Disciplinary Responsibility

1. Confirmed by authorized bodies to have lost civil capacity at the time of violating the law.

2. Required to comply with superior decisions as stipulated in Clause 5, Article 9 of the Civil Servants Law.

3. Confirmed by authorized bodies to have violated the law under force majeure circumstances while performing official duties.

Chapter 2.

TIME LIMITS FOR DISCIPLINARY MEASURES

Article 6. Statute of Limitations for Disciplinary Action

1. The statute of limitations for disciplinary action is twenty-four months, from the time the civil servant commits a violation of the law until the time the head of the agency, organization, or unit with 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 agency, organization, or unit with authority to impose disciplinary action as stipulated in Article 15 of this Decree must issue a written notice regarding the consideration of disciplinary action. The notice must clearly state the time when the civil servant committed the violation of the law, the time when the civil servant's violation was discovered, and the deadline for disciplinary action.

Article 7. Time Limit for Disciplinary Action

1. The maximum time limit for disciplinary action is two months, from the day the civil servant's violation of the law is discovered until the day the agency, organization, or unit with authority issues a decision on disciplinary action.

2. In cases involving multiple individuals, evidence requiring appraisal, or other complex circumstances, the head of the agency, organization, or unit with authority to impose disciplinary action may extend the time limit for disciplinary action according to Clause 2, Article 80 of the Civil Servant Law.

Chapter 3.

APPLICATION OF DISCIPLINARY MEASURES

Article 8. Forms of Disciplinary Measures

1. Applied to civil servants not holding leadership or management positions:

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

d) Compulsory resignation.

2. Applied to civil servants holding leadership or management positions:

a) Reprimand;

b) Warning;

c) Reduction in pay grade;

c) Demotion in rank;

d) Dismissal from office;

e) Compulsory termination of employment.

Article 9. Reprimand

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

1. Having an arrogant attitude, exercising arbitrary power, or causing difficulties and inconvenience to agencies, organizations, units, or individuals in performing official duties;

2. Not performing assigned tasks without a valid reason;

3. Causing discord within the agency, organization, or unit;

4. Absenting oneself from work voluntarily, totaling from three to less than five working days in a month;

5. Using public assets unlawfully;

6. Certifying legal documents for persons who do not meet the required conditions;

7. Violating laws related to anti-corruption; thrift and prevention of waste; labor discipline; gender equality; prevention of prostitution and other related laws concerning civil servants.

Article 10. Warning

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

1. Issuing legal documents for persons who do not meet the required conditions;

2. Using information or materials of the agency, organization, or unit for personal gain;

3. Refusing to comply with decisions on job transfer or assignment issued by the agency, organization, or unit with authority;

4. Using invalid documents to participate in training or upgrading; to take examinations for promotion to higher ranks;

5. Absenting oneself from work voluntarily, totaling from five to less than seven working days in a month;

6. Illegally using narcotics, which have been reported by the police to the agency, organization, or unit where the civil servant works;

7. Being sentenced to suspended imprisonment or non-custodial reform for civil servants not holding leadership or management positions;

8. Seriously violating laws related to anti-corruption; thrift and prevention of waste; labor discipline; gender equality; prevention of prostitution and other related laws concerning civil servants but showing sincere repentance during the process of considering disciplinary action.

Article 11. Reduction in Rank

The form of disciplinary action of reduction in rank shall be applied to civil servants who commit any of the following violations of the law:

1. Failure to perform assigned professional tasks without a legitimate reason, thereby affecting the common work of the agency, organization, or unit;

2. Exploiting their position to intentionally violate the law for personal gain;

3. Violating laws on anti-corruption, thrift, and waste prevention, labor discipline, gender equality, prostitution prevention, and other laws related to civil servants at a serious level.

Article 12. Demotion

The form of disciplinary action of demotion shall be applied to civil servants holding leadership and management positions who commit any of the following violations of the law:

1. Failure to complete assigned management and operational tasks without a legitimate reason, resulting in severe consequences;

2. Violating laws on anti-corruption, thrift, and waste prevention, gender equality, prostitution prevention, and other laws related to civil servants at a very serious level, but showing sincere self-criticism during the disciplinary review process;

3. Heads of agencies, organizations, or units failing to take measures to prevent serious violations of the law within their jurisdiction.

Article 13. Dismissal from Position

1. The form of disciplinary action of dismissal from position shall be applied to civil servants holding leadership and management positions who commit any of the following violations of the law:

a) Using illegal documents to obtain appointment to a position;

b) Failure to complete assigned management and operational tasks without a legitimate reason, resulting in very severe consequences;

c) Being sentenced to suspended imprisonment or non-custodial correction;

d) Violating laws on anti-corruption, thrift, and waste prevention, gender equality, prostitution prevention, and other laws related to civil servants at a very serious level.

2. The application of the disciplinary action of dismissal from position to civil servants holding judicial positions shall be carried out according to this Decree and the specialized laws.

Article 14. Compulsory Resignation

The form of disciplinary action of compulsory resignation shall be applied to civil servants who commit any of the following violations of the law:

1. Being sentenced to imprisonment without probation;

2. Using illegal documents to be recruited into an agency, organization, or unit;

3. Being addicted to drugs, confirmed by a competent health authority;

4. Absenting oneself from work voluntarily, totaling seven working days or more in a month or twenty working days or more in a year, after being notified three consecutive times in writing by the employing agency;

5. Violating laws on anti-corruption, thrift, and waste prevention, labor discipline, prostitution prevention, and other laws related to civil servants at a particularly serious level.

Chapter 4.

DISCIPLINARY AUTHORITY, PROCEDURES, AND PROCEDURAL REQUIREMENTS FOR DISCIPLINARY ACTION

Article 15. Disciplinary Authority

1. For civil servants holding leadership and management positions or heads of agencies, organizations, or units with the authority to appoint, such persons shall carry out disciplinary actions and decide on the form of disciplinary action.

2. For civil servants not holding leadership and management positions, the head of the managing agency or the head of the agency authorized to manage such civil servants shall carry out disciplinary actions and decide on the form of disciplinary action.

3. For dispatched civil servants, the head of the agency where the dispatched civil servant is assigned shall carry out disciplinary actions, decide on the form of disciplinary action, and send the disciplinary file and decision to the agency managing the dispatched civil servants.

4. For civil servants who have transferred jobs and whose violations are discovered within the prescribed statute of limitations, the head of the former managing agency shall carry out disciplinary actions, decide on the form of disciplinary action, and send the disciplinary file and decision to the current managing agency. If the former agency, organization, or unit has been dissolved, merged, consolidated, divided, or separated, those responsible must hand over the files so that the current managing agency can implement the disciplinary actions.

Article 16. Organizing meetings for civil servants to self-criticize for violations of laws

1. The head of the agency using the civil servant shall be responsible for organizing a meeting for the civil servant who has violated the law to self-criticize and accept disciplinary measures. The organization of the meeting for self-criticism shall be conducted in cases where a Disciplinary Board is established and not established as prescribed in Article 17 of this Decree.

The organization of the meeting for self-criticism shall be carried out as follows:

a) In cases where the agency using the civil servant has a working unit that constitutes the violation, a meeting for self-criticism shall be organized with all civil servants of the working unit constituting the violation attending. The minutes of the meeting for self-criticism at the working unit constituting the violation shall be sent to the head of the agency using the civil servant. The meeting for self-criticism of the agency using the civil servant who has violated the law shall be organized with representatives of the leadership, party committee, and trade union of the agency attending;

b) In cases where the agency using the civil servant does not have a working unit that constitutes the violation, a meeting for self-criticism shall be organized with all civil servants of the agency attending.

2. For the head or deputy head of the agency who has violated the law, the head of the directly superior agency of the agency using the civil servant shall be responsible for organizing the meeting for self-criticism and determining the attendees.

3. A civil servant who has violated the law must write a self-criticism report, in which they acknowledge the disciplinary measure. In cases where a civil servant who has violated the law does not write a self-criticism report or is absent after two summons without a valid reason, if the civil servant is still absent after the third summons, the meeting for self-criticism shall still be held.

4. The contents of the meetings for self-criticism of civil servants who have violated the law as stipulated in this Article must be recorded in minutes. The minutes of the meetings for self-criticism must include recommendations on the application of disciplinary measures against civil servants who have violated the law. Within three working days from the end of the meeting for self-criticism, the minutes of the meeting for self-criticism of the agency using the civil servant shall be sent to the Chairman of the Disciplinary Board in cases where a Disciplinary Board is established or to the person authorized to impose disciplinary measures in cases where a Disciplinary Board is not established for consideration according to the authority prescribed in this Decree.

Article 17. Disciplinary Board

1. The person authorized to impose disciplinary measures as prescribed in Article 15 of this Decree shall decide to establish a Disciplinary Board to advise on the application of disciplinary measures against civil servants who have violated the law, except for the cases prescribed in Clause 2 of this Article.

2. Cases where a Disciplinary Board is not established:

a) A civil servant who has violated the law and is sentenced to imprisonment without suspended sentence;

b) A civil servant holding a leadership or management position is subject to disciplinary action when there is a conclusion on the violation of the law by the party committee or party organization according to the cadre management level specified by the Central Committee.

3. Principles of Operation of the Disciplinary Council:

a) The Disciplinary Council convenes when there are three members or more present, including the Chairman and Secretary of the Council. The Disciplinary Council proposes the form of disciplinary action through secret ballot;

b) The meeting of the Disciplinary Board must be recorded in minutes noting the opinions of the attendees and the results of voting on the recommendation of the disciplinary measure to be applied to the civil servant who has violated the law.

4. The Disciplinary Board shall automatically dissolve after completing its tasks.

Article 18. Members of the Disciplinary Council

1. For civil servants not holding leadership or management positions who have violated the law, the Disciplinary Council shall consist of five members, including:

a) The Chairman of the Council is the head or deputy head of the agency managing civil servants or the agency delegated to manage civil servants.

b) One member of the Council representing the Trade Union Executive Committee of the agency managing the civil servant or the agency authorized to manage the civil servant;

c) One member of the Council representing the unit where the civil servant being considered for disciplinary action works, this member being selected and appointed by the head of that unit;

d) One member of the Council is the person directly managing the administrative and professional activities of the civil servant under disciplinary review;

đ) One member of the Council serving as Secretary, responsible for the advisory department on organizational and personnel work of the agency, organization, or unit with the civil servant being considered for disciplinary action.

2. For civil servants holding leadership or management positions who have violated the law, the Disciplinary Council shall consist of five members, including:

a) The Chairman of the Council is the head or deputy head of the agency managing civil servants or the agency delegated to manage civil servants.

b) One member of the Council being the head or deputy head of the immediate superior agency of the agency employing the civil servant;

c) One member of the Council representing the Party Committee of the agency managing the civil servant or the agency authorized to manage the civil servant;

d) One member of the Council representing the Trade Union Executive Committee of the agency managing the civil servant or the agency authorized to manage the civil servant;

đ) One member of the Council serving as Secretary, responsible for the advisory department on organizational and personnel work of the agency managing the civil servant or the agency authorized to manage the civil servant.

3. It is not permitted to appoint persons related by family ties such as parents, children recognized by law; spouse; siblings; sisters-in-law; brothers-in-law or persons related to the illegal acts of the civil servant being considered for disciplinary action to be members of the Disciplinary Council.

Article 19. Organizing Meetings of the Disciplinary Council

1. Preparations for the meeting:

a) At least seven working days before the meeting of the Disciplinary Council, the summons must be sent to the civil servant who has violated the law. The absence of the civil servant who has violated the law must be justified. In case the civil servant who has violated the law is absent after two summonses, at the third summons if the civil servant still does not attend, the Disciplinary Council will proceed to consider and recommend disciplinary measures;

b) The Disciplinary Council may invite representatives from political organizations or socio-political organizations where the civil servant who has violated the law is working to attend the meeting. The person invited to attend the meeting has the right to express opinions and propose disciplinary measures but cannot vote on the form of disciplinary measures;

c) The member of the Disciplinary Council serving as Secretary is 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 processing file submitted to the Disciplinary Council includes the self-criticism statement, the summary of the civil servant's curriculum vitae who has violated the law, the minutes of the meeting for criticism conducted by the employing agency, 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 of the Disciplinary Council serving as Secretary reads the summary of the civil servant's curriculum vitae who has violated the law and other relevant documents;

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

d) The member of the Disciplinary Council serving as Secretary reads the minutes of the meeting for criticism;

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

e) The civil servant who has violated the law expresses their opinion; if the civil servant who has violated the law does not express an opinion 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 of the Disciplinary Council serving as Secretary sign the minutes of the meeting.

3. In cases where multiple civil servants within the same agency, organization, or unit have violated the law, the Disciplinary Council convenes to examine and take disciplinary actions against each civil servant individually.

Article 20. Disciplinary Decision

1. Procedure for issuing disciplinary decisions:

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 to handle disciplinary actions as stipulated in Article 15 of this Decree;

b) Within fifteen working days from the date of receipt of the written recommendation of the Disciplinary Council in cases where the Disciplinary Council is established, or the minutes of the accountability meeting of the agency or organization as stipulated in Clause 1 and Clause 2 of Article 16 of this Decree in cases where the Disciplinary Council is not established, the authorized person to handle disciplinary actions shall issue a disciplinary decision or conclude that the civil servant has not violated the law;

c) In cases with complex circumstances, the authorized person to handle disciplinary actions may extend the time limit for disciplinary action according to Clause 2 of Article 7 of this Decree and bear responsibility for their decision.

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

3. After twelve months from the date the disciplinary decision becomes effective, if the civil servant does not continue to commit violations warranting disciplinary action, the disciplinary decision will cease to be effective without the need for a separate document terminating its effect.

4. Documents related to disciplinary action 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 dossier.

Article 21. Complaints

Civil servants subject to disciplinary action have the right to lodge complaints against the disciplinary decision in accordance with the law on complaints.

Chapter 5.

RELATED PROVISIONS

Article 22. Related Provisions when Considering Disciplinary Action

1. In cases where a civil servant is on leave awaiting retirement procedures and is found to have committed a violation of the law during the performance of official duties, the agency, organization, or unit shall suspend the processing of retirement until the disciplinary decision is issued or the authorized person concludes that the civil servant has not violated the law.

2. If 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 or other violations of the law by the civil servant under consideration are discovered, the Disciplinary Council shall reconsider and recommend appropriate disciplinary measures.

Article 23. Related Provisions on Implementing Disciplinary Decisions

1. For civil servants disciplined by demotion in pay grade, if they are currently receiving salary at grade level 2 or higher of the rank or position, they shall be placed in the next lower pay grade. The period of receiving the new pay grade starts from the effective date of the disciplinary decision. The period for considering promotion to the previous pay grade before being disciplined is calculated from the effective date of the disciplinary decision. The period of holding the previous pay grade before demotion is preserved for calculation in the subsequent promotion period. In cases where the civil servant is currently receiving salary at grade level 1 or receiving seniority allowance exceeding the framework of the rank or position, the demotion in pay grade is not applied; the authorized person shall consider and apply appropriate disciplinary measures based on the nature and severity of the violation of the law.

2. Civil servants disciplined by dismissal:

a) Civil servants disciplined by dismissal shall not be entitled to severance benefits but shall be recognized by the social insurance agency for the time worked and social insurance contributions made to implement social insurance benefits as prescribed by law;

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

c) After twelve months from the effective date of the dismissal disciplinary decision, the civil servant disciplined by dismissal shall have the right to register for recruitment in state agencies, organizations, and units. If the civil servant was dismissed due to corruption, embezzlement, or violation of public service ethics, they shall not be eligible to register for recruitment in agencies or positions related to the duties and responsibilities held during the period of committing the violation of the law.

3. In cases where civil servants holding leadership or management positions lose lower-level leadership positions due to violations of the law and are considered for demotion in position, they shall be demoted to a position without such leadership.

4. If a disciplinary decision against a civil servant has been concluded by an authorized agency, organization, or unit or by a court to be wrongful, the head of the agency, organization, or unit where the civil servant works shall publicly announce the conclusion within thirty days from the date of the authorized agency's or organization's conclusion or from the effective date of the court's decision.

5. Civil servants disciplined by demotion, removal from office, or dismissal, who are later concluded by an authorized agency, organization, or unit or by a court to be wrongful, and whose former positions have been filled by others, the head of the authorized agency shall be responsible for assigning them to suitable positions or leadership roles.

6. In cases where civil servants violate the law during the implementation of a disciplinary decision involving demotion in pay grade as stipulated in Clause 3 of Article 2 of this Decree, when applying a new disciplinary measure, the previously demoted pay grade must be restored.

7. In cases where the authorized agency, organization, or unit handling complaints and accusations concludes that the disciplinary action against a civil servant was improperly conducted regarding the application of disciplinary measures, procedures, and authority, the head of the agency that signed the disciplinary decision must issue a decision to revoke the disciplinary decision; simultaneously, the authorized agency, organization, or unit handling disciplinary actions must re-examine and impose disciplinary actions on the civil servant in accordance with this Decree.

Article 24. 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 suspension from work to consider disciplinary action, civil servants shall be entitled to receive fifty percent of their current rank and grade salary level, plus leadership position allowance, seniority allowance exceeding the ceiling, occupational seniority allowance, and salary retention differential coefficient (if applicable).

2. In cases where civil servants are not subject to disciplinary action or are found to be innocent or wronged, they shall be entitled to claim the remaining fifty percent of their current rank and grade salary level, plus leadership position allowance, seniority allowance exceeding the ceiling, occupational seniority allowance, and salary retention differential coefficient (if applicable) during the period of 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 fifty percent of their current rank and grade salary level, plus leadership position allowance, seniority allowance exceeding the ceiling, occupational seniority allowance, and salary retention differential coefficient (if applicable) during the period of suspension from work or temporary detention or arrest.

Chapter 6.

IMPLEMENTING PROVISIONS

Article 25. Effective Date

1. This Decree takes effect from July 5, 2011.

2. The provisions on disciplinary measures for civil servants set forth in Decree No. 35/2005/NĐ-CP dated March 17, 2005 of the Government on disciplinary measures for cadres and civil servants; the provisions on disciplinary measures for civil servants set forth in Decree No. 103/2007/NĐ-CP dated June 14, 2007 of the Government on the responsibilities of heads of agencies, organizations, units, and cadres, civil servants, and public officials in practicing thrift and combating waste; and the provisions on disciplinary measures for civil servants set forth in Decree No. 107/2006/NĐ-CP dated September 22, 2006 of the Government on handling the responsibility of heads of agencies, organizations, units when corruption occurs in the agencies, organizations, units under their management and supervision contrary to the provisions of this Decree are hereby abolished.

Article 26. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities, and related agencies, organizations, and individuals are responsible for implementing this Decree.