Decree No. 71/2023/ND-CP amending and supplementing some articles of Decree No. 112/2020/ND-CP dated September 18, 2020 on handling civil servants, public officials, and employees

6. Civil servants, public officials, and employees who are disciplined by the Party shall have their administrative disciplinary process initiated by the relevant agency, organization, or unit within thirty days from the date of announcement of the Party disciplinary decision, except in cases where such disciplinary action is not considered under Article 3 of this Decree.

Administrative disciplinary measures must be commensurate with Party disciplinary measures. In cases where the highest form of Party disciplinary measure is applied, the personnel organization advisory body shall report to the competent authority for consideration and decision on the highest form of administrative disciplinary measure if the case falls under Articles 13, 14, and 19 of this Decree; if it does not fall under these provisions, the advisory body shall report to the competent authority to decide on dismissal from office for civil servants and public officials holding leadership positions; reduction in rank for non-leadership position public officials; or warning for non-management position employees. If there are differing opinions regarding the commensurate administrative disciplinary measure corresponding to the highest form of Party disciplinary measure, the competent authority shall decide on the establishment of a Disciplinary Committee for advice; seek written opinions from the Party organization that issued the Party disciplinary decision before making a decision.

If there is a change in the form of Party disciplinary measure, the corresponding administrative disciplinary measure must also be changed. The period during which the old disciplinary decision was implemented shall be deducted from the period of implementation of the new disciplinary decision (if applicable). If the Party competent authority decides to revoke the Party disciplinary decision, the administrative disciplinary competent authority must issue a decision to revoke the administrative disciplinary decision.

9. The disciplinary decision for civil servants, public officials, and employees becomes effective for twelve months from the date of its effectiveness; for cases disciplined with reprimand, warning, demotion, or dismissal, the planning, appointment, candidacy for higher positions, and staff deployment shall be effective according to the regulations of the competent authority.

If there is already a Party disciplinary decision, the effectiveness of the administrative disciplinary decision starts from the date the Party disciplinary decision becomes effective. During this period, if there is no further violation of the law requiring disciplinary action, the disciplinary decision automatically ceases to be effective without the need for a termination notice.

If a civil servant, public official, or employee continues to commit violations during the implementation of a disciplinary decision, they shall be handled according to the provisions of Clause 3 of this Article. The ongoing disciplinary decision ceases to be effective from the date the new disciplinary decision for the new violation becomes effective. All documents related to the disciplinary process and decisions must be kept in the personnel file of the civil servant, public official, or employee. The form of disciplinary measure must be recorded in the personnel record.

10. If a civil servant, public official, or employee commits a violation during their tenure at the previous agency, organization, or unit and it is discovered after transferring to a new agency, organization, or unit, and the violation is still within the statute of limitations for disciplinary action, the competent authority of the new agency, organization, or unit shall implement the examination and disciplinary action and apply the appropriate disciplinary measure according to the current position of the civil servant, public official, or employee. In such cases, the previous agency, organization, or unit has the responsibility to provide all related files on the violation and appoint someone to cooperate during the examination and disciplinary process. Regulations on quality assessment and other related regulations shall be applied at the previous unit.

11. It is not allowed to appoint spouses, biological parents, adoptive parents, children, siblings, maternal or paternal aunts, uncles, cousins, siblings-in-law, or persons with rights and obligations related to the violation being examined for disciplinary action as members of the Disciplinary Board or as the chairperson of the meeting to review the matter.".

11. The spouse, parent, child, foster parent, foster child, sibling, aunt, uncle, cousin, sibling of the spouse, or the spouse of a sibling, or any person with rights or obligations related to the disciplinary violation under consideration shall not be appointed as a member of the Disciplinary Committee or as the chairperson of the meeting for criticism and self-criticism.

"3. Female officials, civil servants, and public employees who are pregnant, on maternity leave, or caring for a child under 12 months old, or male officials, civil servants, and public employees (in cases where their spouse has died or due to other objective and irresistible reasons) caring for a child under 12 months old, except in cases where the person with the violation has submitted a written request for disciplinary action."

"Article 5. Time Limit and Period for Disciplinary Action"

"1. The time limit for disciplinary action is the period during which, if exceeded, an official, civil servant, public employee, or retired person who has committed a violation will not be subject to disciplinary action. The time limit for disciplinary action is calculated from the date of the violation. In cases where a new violation occurs within the period for calculating the time limit for disciplinary action as prescribed, the time limit for disciplinary action regarding the previous violation shall be 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 ongoing violations, the date of the violation is counted from the date of discovery."

"c) 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 for less serious violations that require disciplinary action in the form of a reprimand;"

"b) Ten years for violations not covered by point a of this clause."

"4. For the following violations, the time limit for disciplinary action does not apply:"

"a) Party members among officials, civil servants, and public employees who commit violations severe enough to warrant expulsion;"

b) Committing violations concerning internal political security work;

"c) Actions that harm national 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 officials, civil servants, and public employees is the timeframe from when the violation by the official, civil servant, or public employee is discovered or from when the competent authority concludes that the official, civil servant, or public employee has committed a violation until the disciplinary decision is issued by the competent authority."

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

"The competent authority responsible for disciplinary action must ensure that disciplinary action is carried out within the prescribed period. If the period for disciplinary action expires without issuing a disciplinary decision, they bear responsibility for the delay and must issue a disciplinary decision if the violation remains within the time limit."

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 lodging complaints or initiating administrative litigation at the court regarding the disciplinary decision until a replacement disciplinary decision is issued."

"1. Officials, civil servants, and public employees who violate regulations concerning the duties of officials, civil servants, and public employees; actions that officials, civil servants, and public employees are prohibited from undertaking; internal rules and regulations of the agency, organization, or unit; violate ethics, lifestyle, or laws while performing official duties, or commit other violations related to official activities shall be subject to disciplinary action by the party or mass organizations and shall also be considered for administrative disciplinary action."

"3. Evading, passing off, failing to perform, or performing inadequately the duties and responsibilities as stipulated by law, internal rules, and regulations of the agency, organization, or unit, or tasks assigned by the competent authority without justifiable reasons; failing to comply with decisions on job transfer or assignment made by the competent authority; causing disruption to unity within the agency, organization, or unit;"

"9. Violations of laws concerning: prevention and control of domestic violence; population, marriage, and family; gender equality; social welfare; other provisions of the Party and laws related to officials and civil servants."

"4. Evading, passing off, failing to perform, or performing inadequately the duties and responsibilities as stipulated by law, internal rules, and regulations of the agency, organization, or unit, or tasks assigned by the competent authority without justifiable reasons; failing to comply with decisions on job transfer or assignment made by the competent authority; causing disruption to unity within the agency, organization, or unit;"

"9. Violations of laws concerning: prevention and control of domestic violence; population, marriage, and family; gender equality; social welfare; other provisions of the Party and laws related to public employees."

"3. In cases where there is no decision on approval or approval of election results pending, the competent authority conducting the election decides on the disciplinary action."

"1. Based on the disciplinary decision of the competent authority, the advisory body on organizational and personnel matters of the authority responsible for disciplinary action proposes the form of disciplinary action, the date of disciplinary action, and the duration of its implementation. If the time limit for disciplinary action has expired, it reports to the competent authority about not considering disciplinary action."

"In cases where the disciplinary authority belongs to the Standing Committee of the National Assembly or the Prime Minister, the management and usage authority must submit a proposal on the form of disciplinary action, the date of disciplinary action, and the duration of its implementation within seven days from the date of announcing the party disciplinary decision."

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

"If there is no disciplinary decision from the competent authority, the procedure and process for disciplinary action against officials shall be implemented according to Article 25 of this Decree. The disciplinary authority specified in Article 20 of this Decree decides the composition of the meeting for self-criticism and the composition of the Disciplinary Council."

"Article 24. Authority for Disciplinary Action Against Civil Servants"

"1. For civil servants holding leadership positions, managers, or heads of agencies, organizations, or units authorized to appoint or delegated the authority to appoint, they conduct disciplinary action and decide on the form of disciplinary action."

"2. For civil servants not holding leadership positions, managers, or heads of agencies managing or delegated the authority to manage civil servants, they conduct disciplinary action and decide on the form of disciplinary action, except in cases provided for in Clause 6 of Article 28 of this Decree."

For civil servants at the commune level, the Chairman of the People's Committee at the district level shall conduct disciplinary proceedings and decide on the form of disciplinary action. The Chairman of the People's Committee at the commune level shall report to the Chairman of the People's Committee at the district level before chairing a meeting for criticism and self-criticism as prescribed in point d, clause 2, Article 26 of this Decree.

3. For dispatched civil servants, the head of the agency where the dispatched civil servant works shall conduct disciplinary proceedings and unify the form of disciplinary action with the dispatching agency before deciding on the form of disciplinary action. In cases where the disciplinary action is dismissal from work, the dispatching agency shall base on the proposal of the Disciplinary Council and issue a decision on dismissal from work.

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

4. For civil servants working in People's Court and People's Procuracy, the authority to impose disciplinary measures shall be carried out in accordance with the provisions of the competent management agencies.

Article 25. Procedures and formalities for imposing disciplinary measures on civil servants

1. Disciplinary measures against civil servants shall be implemented through the following steps:

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

b) Establish a Disciplinary Board;

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

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

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

b) Imposing disciplinary measures based on the decision of the competent authority prescribed in clause 4, Article 3 of this Decree or having organized a meeting for criticism and self-criticism in accordance with the law and the individual has accepted responsibility for their own violation.

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

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

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

c) There is a decision on disciplinary measures regarding the party, except in cases where the competent authority decides to establish a Disciplinary Council as prescribed in clause 6, Article 2 of this Decree;

Cases prescribed in clauses 2 and 3 of this Article may use conclusions on violations (if any) without needing to re-investigate and verify.

"1. Responsibility for organizing a meeting for criticism and self-criticism

a) In cases where the person being criticized is a civil servant not holding a leadership or management position, the head of the agency, organization, or unit using the civil servant shall chair the meeting for criticism and self-criticism. In cases where the head, all deputy heads of the head of the agency, organization, or unit using the civil servant fall under one of the cases prescribed in clause 11, Article 2 of this Decree, the leader of the directly superior agency of the agency using the civil servant shall chair the meeting.

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

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

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

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

c) Participants in the meeting shall express their opinions clearly on the contents prescribed in point a of this clause. At this meeting, there shall be no voting or ballot.

"4. In cases where all Party cells or Trade Union Committees fall under one of the cases prescribed in clause 11, Article 2 of this Decree, one representative of the directly superior agency of the Party cell or one civil servant of the directly using agency of the civil servant who committed the violation shall be appointed to replace them.

5. In cases where the head or all deputy heads of the head of the agency or unit directly using the civil servant prescribed in point b of clause 1 or point b of clause 2 or point c of clause 3 of this Article fall under one of the cases prescribed in clause 11, Article 2 of this Decree, one civil servant of the directly using agency of the civil servant who committed the violation shall be appointed to replace them.

6. In cases where the head, all deputy heads of the head of the agency with the authority to impose disciplinary measures on civil servants prescribed in point a of clause 1 or point a of clause 2 or point a of clause 3 of this Article fall under one of the cases prescribed in clause 11, Article 2 of this Decree, the head of the directly superior agency of that agency shall serve as the Chair of the Council.

"a) At least five working days before the date of the Disciplinary Council meeting, the summons must be sent to the civil servant who committed the violation. In cases where the civil servant who committed the violation is absent but has requested the meeting to be held, the Disciplinary Council shall still proceed with the meeting.

In cases where the civil servant who committed the violation is absent from the second summons meeting, the Disciplinary Council shall still proceed with the meeting.

Article 31. Authority to impose disciplinary measures on public officials

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.

For public officials holding positions or titles elected by vote, the competent authority approving and recognizing the election results shall conduct disciplinary proceedings and decide on the form of disciplinary action.

2. For public officials not holding management positions, the head of the public institution managing the public official shall conduct disciplinary proceedings and decide on the form of disciplinary action, except in cases prescribed in clause 6, Article 35 of this Decree. In cases where the disciplinary action is dismissal from work, the head of the public institution shall report to the competent authority recruiting before issuing the decision, except in cases where the public institution has the authority to recruit or has been delegated recruitment authority.

3. For dispatched public officials, the head of the agency where the dispatched public official works shall conduct disciplinary proceedings and unify the form of disciplinary action with the dispatching agency before deciding on the form of disciplinary action. In cases where the disciplinary action is dismissal from work, the dispatching agency shall base on the proposal of the Disciplinary Council and issue a decision on dismissal from work.

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

4. For public officials working in People's Court and People's Procuracy, the authority to impose disciplinary measures shall be carried out in accordance with the provisions of the competent management agencies.

Article 32. Procedures and formalities for imposing disciplinary measures on public officials

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) The competent authority issues a decision on disciplinary action.

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

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

b) Imposing disciplinary measures based on the decision of the competent authority prescribed in clause 4, Article 3 of this Decree or having organized a meeting for criticism and self-criticism in accordance with the law and the individual has accepted responsibility for their own violation.

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

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

b) Public officials who have violated the law and been sentenced to imprisonment by the court without probation or been convicted by the court for acts of corruption;

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

Cases prescribed in clauses 2 and 3 of this Article may use conclusions on violations (if any) without needing to re-investigate and verify.

"1. Responsibility for organizing a meeting for criticism and self-criticism

b) For public officials not holding management positions, the head of the agency, organization, or unit using the public official shall be responsible for organizing a disciplinary meeting. In cases where the head, all deputy heads of the head of the agency, organization, or unit using the public official fall under one of the cases prescribed in clause 11, Article 2 of this Decree, the leader of the directly superior agency of the agency using the public official shall chair the meeting.

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

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

In cases where the person who committed the violation is present at the meeting but does not write a self-criticism report, the meeting for criticism and self-criticism shall still be held.

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 shall express their opinions clearly on the contents prescribed in point a of this clause. At this meeting, there shall be no voting or ballot.

“4. Where all members of the Party Committee or the Trade Union Executive Board fall under any of the circumstances stipulated in Clause 11, Article 2 of this Decree, one representative from the directly superior Party Committee or one trade union member from that unit shall be appointed to replace them.

5. Where the head of the unit directly employing the civil servant or all deputy heads of the head of the unit fall under any of the circumstances stipulated in Point b, Clause 2 or Point b, Clause 3 of this Article, one civil servant from that unit shall be appointed to replace them.

6. Where the head of the agency, organization, or unit, and all deputy heads of the head of the agency, organization, or unit fall under any of the circumstances stipulated in Point a, Clause 1, Point a, Clause 2, or Point a, Clause 3 of this Article, the head of the directly superior agency, organization, or unit shall be the Chairman of the Disciplinary Council.”

“a) At least five working days before organizing the meeting of the Disciplinary Council, the summons must be sent to the civil servant who committed the violation. If the civil servant who committed the violation is absent but has requested the organization of the meeting, the Disciplinary Council shall still hold the meeting.

In case the civil servant who committed the violation is absent from the meeting announced for the second time, the Disciplinary Council shall still hold the meeting.”

“4. Civil servants and public officials who are currently under temporary detention or arrest shall be automatically suspended from work and temporarily relieved of their positions (if applicable); upon completion of the period of temporary detention or arrest and being released on bail, the suspension from work shall be implemented according to the proposal of the investigating authority or the decision of the competent authority; if they hold a position, they shall continue to be temporarily relieved of their positions until there is a legally effective decision by the competent authority.

Civil servants and public officials who have been indicted but are released on bail shall be automatically relieved of their positions (if applicable); the competent authority using their services shall assign tasks within its jurisdiction; the suspension from work shall be implemented according to the proposal of the investigating authority or the decision of the management authority or those authorized with management powers.

The benefits and policies enjoyed according to the provisions of this Article.”

Article 2. Implementation clause

1. This Decree takes effect from the date of issuance.

2. Cases applying the statute of limitations for disciplinary action as prescribed in the Law on Public Officials and Civil Servants 2008, the Law on Civil Servants 2010, and the Law Amending and Supplementing Certain Provisions of the Law on Public Officials and Civil Servants and the Law on Civil Servants 2019:

a) Where the violation is discovered and the disciplinary process is completed before November 15, 2022;

b) There is a conclusion by the competent authority regarding the violation, and a disciplinary decision concerning the party has taken effect before November 15, 2022, but administrative disciplinary action has not yet been taken.

3. For violations where the disciplinary process was completed before this Decree takes effect, the provisions of the law at the time of the process shall continue to be applied to handle the matter; for violations occurring before this Decree takes effect, still within the statute of limitations but not yet handled, the provisions of this Decree shall be applied.

4. No reconsideration of disciplinary decisions that have taken legal effect before this Decree takes effect, except in cases of handling complaints as provided for in Article 42 of Decree No. 112/2020/NĐ-CP dated September 18, 2020 on disciplinary action against public officials, civil servants, and civil servants and other decisions on disciplinary action that have taken legal effect before this Decree takes effect.

5. Where the person holds a position or title in the People's Council, is a non-professional member of the People's Council, and commits a violation before this Decree takes effect, still within the statute of limitations for administrative disciplinary action as stipulated in Clause 4, Article 1 of this Decree and does not fall under the circumstances stipulated in Clause 2 of this Article, the competent authority shall consider and decide on the disciplinary action according to the regulations.

Article 3. Responsibility for Implementation

The Minister, the Heads of Ministries equivalent to ministries, the Heads of agencies under the Government, the Chairmen of Provincial People's Committees, and cities directly under the central government, and related agencies, organizations, and individuals are responsible for implementing this Decree.