Nghị định 112/2020/NĐ-CP xử lý kỷ luật cán bộ, công chức, viên chức

DECREE

On disciplinary measures for cadres, civil servants, and public employees

_____________________

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administrations dated November 22, 2019;

Pursuant to the Law on Cadres and Civil Servants dated November 13, 2008;

Pursuant to the Law on Public Employees dated November 15, 2010;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and the Law on Public Employees dated November 25, 2019;

At the proposal of the Minister of Home Affairs;

The Government hereby promulgates the Decree on disciplinary measures for cadres, civil servants, and public employees.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree provides for the principles of disciplinary measures; the application of corresponding disciplinary forms for violations; the competence, order and procedures for disciplinary measures for cadres, civil servants, and public employees.

2. This Decree applies to:

a) Cadres in state administrative agencies and full-time People's Council deputies (hereinafter referred to collectively as cadres);

b) Civil servants as specified in Clause 2, Article 4 of the Law on Cadres and Civil Servants, which is amended and supplemented in Clause 1, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and the Law on Public Employees, and commune-level civil servants as specified in Clause 3, Article 4 of the Law on Cadres and Civil Servants (hereinafter referred to collectively as civil servants);

c) Public employees as specified in Article 2 of the Law on Public Employees;

d) Cadres, civil servants, and public employees who have resigned or retired (hereinafter referred to collectively as resignees or retirees).

3. The application of disciplinary measures for persons working in cipher organizations shall be carried out in accordance with the law regulations on cipher.

Article 2. Principles for imposing disciplinary measures

1. Ensuring objectivity, fairness; transparency, openness; strictness, legality.

2. Each act of violation is only subject to one disciplinary form. If, during the same period of consideration for disciplinary measures, a cadre, civil servant, or public employee has committed two or more acts of violation, each violation shall be disciplined separately, and the disciplinary form shall be one level more severe than the form applicable to the most serious violation, except in the cases where the disciplinary form is dismissal or sack; the individual contents of violations committed by cadres, civil servants, or public employees shall not be separately considered for application of disciplinary measures multiple times with different disciplinary forms.

3. In the cases where a cadre, civil servant, or public employee is still serving a disciplinary decision and commits another act of violation, the following disciplinary forms shall be applied:

a) If the act of violation is subject to a disciplinary form that is lighter or equal to the disciplinary form being served, a disciplinary form one level more severe than the current form shall be applied;

b) If the act of violation is subject to a disciplinary form that is more severe than the disciplinary form being served, a disciplinary form one level more severe than the form applicable to the new violation shall be applied.

4. The consideration of disciplinary measures must be based on the content, nature, severity, harmful effects, causes of the violation, aggravating or mitigating circumstances, attitude towards accepting responsibility and making correction, and remediation of shortcomings, violations, and consequences caused.

5. Administrative sanctions or Party disciplinary measures shall not be applied in lieu of administrative disciplinary forms; administrative disciplinary measures shall not substitute for criminal prosecution if the violation warrants criminal proceedings.

6. In the cases where a cadre, civil servant, or public employee has been subject to Party disciplinary measures, the administrative disciplinary form must be commensurate with the Party disciplinary measure.

Within 30 days from the date of announcement of the Party disciplinary decision, agencies, organizations, and units must consider and decide on the administrative disciplinary form.

7. All acts of infringement upon the physical well-being, mental state, honor, or dignity of individuals during the disciplinary process are strictly prohibited.

8. A cadre, civil servant, or public employee who commits an act of violation for the first time and has been subject to disciplinary measures, and commits the same violation within 24 months from the effective date of the disciplinary decision, shall be considered as a recidivist; beyond the 24-month period, the commission of the same violation shall be considered a first-time violation but shall be deemed an aggravating circumstance when considering disciplinary measures.

Article 3. Cases not yet considered for disciplinary measures

1. Cadres, civil servants, and public employees who are on annual leave, leave as prescribed by regulations, or personal leave approved by the competent authority.

2. Cadres, civil servants, and public employees who are undergoing treatment for a fatal illness or have lost their cognitive abilities; are seriously ill and receiving inpatient treatment at a hospital with confirmation from a competent health authority.

3. Female cadres, civil servants, and public employees who are pregnant, on maternity leave, or nursing a child under 12 months of age, or male cadres, civil servants, and public employees (in the cases where their spouse has died or due to other objective, force majeure reasons) who are nursing a child under 12 months of age.

4. Cadres, civil servants, and public employees who are being prosecuted, temporarily detained, or held in custody pending the conclusion of an investigation, prosecution, or trial by a competent authority regarding their legal violation, except in the cases where a decision has been made by the competent authority.

Article 4. Cases exempted from disciplinary liability

1. Those who have been certified by a competent authority to have lost their civil act capacity at the time of the violation.

2. Those who must comply with the decisions of superiors in accordance with Clause 5, Article 9 of the Law on Cadres and Civil Servants.

3. Those whose violations are confirmed by a competent authority to have occurred under circumstances of necessity, due to force majeure events or objective impediments as prescribed by the Civil Code during the performance of their official duties.

4. Cadres, civil servants, and public employees whose violations warrant disciplinary measures but have passed away.

Article 5. Statute of limitations and time limits for imposing disciplinary measures

1. The statute of limitations and time limits for imposing disciplinary measures on cadres and civil servants shall be carried out in accordance with Article 80 of the Law on Cadres and Civil Servants, as amended and supplemented by Clause 16, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and the Law on Public Employees.

2. The statute of limitations and time limits for imposing disciplinary measures on public employees shall be carried out in accordance with Article 53 of the Law on Public Employees, as amended and supplemented by Clause 7, Article 2 of the Law Amending and Supplementing a Number of Articles of the Law on Cadres and Civil Servants and the Law on Public Employees.

3. In the cases involving multiple individuals, evidence and means requiring appraisal, or other complex circumstances that necessitate further clarification, the competent authority for disciplinary action may issue a decision to extend the time limit for application of disciplinary measures, but not exceeding 150 days.

4. The following periods shall not be included in the time limit for disciplinary measures:

a) The period during which disciplinary measures are not yet considered, as specified in Article 3 of this Decree;

b) The period of investigation, prosecution, and trial under criminal procedure (if any);

c) The period for filing a complaint or initiating an administrative lawsuit in court regarding the disciplinary decision until a substitute disciplinary decision is issued by the competent authority.

Chapter II

ACTS OF VIOLATION AND DISCIPLINARY FORMS

Section 1

ACTS OF VIOLATION

Article 6. Acts of violation subject to disciplinary measures

1. Cadres, civil servants, and public employees who commit acts of violation against regulations on the duties of cadres, civil servants, and public employees; actions that cadres, civil servants, and public employees are not allowed to perform; internal rules, regulations of agencies, organizations, and units; or who violate ethics, lifestyle, or other laws while performing official duties shall be subject to disciplinary measures.

2. The severity of violations shall be determined as follows:

a) Violations causing less serious consequences are those with less serious nature, degree, and harm, affecting only the internal scope and impacting the reputation of the agency, organization, or unit.

b) Violations causing serious consequences are those with serious nature, degree, and harm, affecting beyond the internal scope, causing negative public opinion among cadres, civil servants, public employees, and the people, and reducing the reputation of the agency, organization, or unit.

c) Violations causing very serious consequences are those with very serious nature, degree, and harm, affecting the entire society, causing significant negative public opinion among cadres, civil servants, public employees, and the people, and causing loss of reputation of the agency, organization, or unit.

d) Violations causing exceptionally serious consequences are those with exceptionally serious nature, degree, and harm, affecting the entire society extensively, causing exceptionally negative public opinion among cadres, civil servants, public employees, and the people, and causing loss of reputation of the agency, organization, or unit.

Section 2

DISCIPLINARY MEASURES FOR CADRES AND CIVIL SERVANTS

Article 7. Disciplinary forms for cadres and civil servants

1. With regard to cadres

a) Reprimand.

b) Caution.

c) Dismissal.

d) Removal from office.

2. With regard to civil servants not holding leadership or management positions

a) Reprimand.

b) Caution.

c) Salary reduction.

d) Sack.

3. With regard to civil servants holding leadership or management positions

a) Reprimand.

b) Caution.

c) Demotion.

d) Dismissal.

dd) Sack.

Article 8. Application of reprimand disciplinary form for cadres and civil servants

The reprimand disciplinary form shall be applied to cadres and civil servants who commit a first-time violation with less serious consequences, except for the violations specified in Clause 3, Article 9 of this Decree, in one of the following cases:

1. Violating regulations on ethics, communication culture of cadres and civil servants; law regulations on the performance of duties and responsibilities of cadres and civil servants; labor discipline; internal rules and regulations of agencies, organizations, and units;

2. Taking advantage of their position for personal gain; having an arrogant attitude, abusing power, or causing difficulties and harassment to agencies, organizations, units, or individuals in the performance of official duties; certifying or issuing legal documents to unqualified individuals;

3. Failing to comply with the transfer and assignment decisions of competent authorities; not fulfilling assigned tasks without valid reasons; causing a lack of unity within agencies, organizations, or units;

4. Violating law regulations on: crime prevention and control; prevention and control of social evils; social order and safety; corruption prevention; practicing thrift and combating waste;

5. Violating law regulations on the protection of state secrets;

6. Violating law regulations on complaints and denunciations;

7. Violating regulations on democratic centralism, regulations on propaganda and public statements, and regulations on internal political security;

8. Violating law regulations on: investment and construction; land, natural resources, and environment; finance, accounting, and banking; management and use of public assets during the performance of official duties;

9. Violating law regulations on: prevention and control of domestic violence; population, marriage, and family; gender equality; social security; and other law regulations related to cadres and civil servants.

Article 9. Application of caution disciplinary form for cadres and civil servants

The caution disciplinary form shall be applied to cadres and civil servants who commit a violation in one of the following cases:

1. Having been previously disciplined with the reprimand form as specified in Article 8 of this Decree and committing a repeat offense;

2. Committing a first-time violation with serious consequences in one of the cases specified in Article 8 of this Decree;

3. Committing a first-time violation with less serious consequences in one of the following cases:

a) Cadres and civil servants holding leadership or management positions failing to fully and properly perform their management and operational duties as assigned;

b) Heads of agencies, organizations, or units allowing serious legal violations to occur within their scope of responsibility without taking preventive measures.

Article 10. Application of salary reduction disciplinary form for civil servants not holding leadership or management positions

The salary reduction disciplinary form shall be applied to civil servants not holding leadership or management positions in one of the following cases:

1. Having been previously disciplined with the caution form as specified in Article 9 of this Decree and committing a repeat offense;

2. Committing a first-time violation with very serious consequences in one of the cases specified in Article 8 of this Decree.

Article 11. Application of demotion disciplinary form for civil servants holding leadership or management positions

The demotion disciplinary form shall be applied to civil servants holding leadership or management positions in one of the following cases:

1. Having been previously disciplined with the caution form as specified in Article 9 of this Decree and committing a repeat offense;

2. Committing a first-time violation with serious consequences in one of the cases specified in Clause 3, Article 9 of this Decree;

3. Committing a first-time violation with very serious consequences in one of the cases specified in Article 8 of this Decree.

Article 12. Application of dismissal disciplinary form for cadres and civil servants holding leadership or management positions

The dismissal disciplinary form shall be applied to cadres and civil servants holding leadership or management positions in one of the following cases:

1. Civil servants holding leadership or management positions having been previously disciplined with the demotion form as specified in Article 11 of this Decree and committing a repeat offense, or cadres having been previously disciplined with the caution form as specified in Article 9 of this Decree and committing a repeat offense;

2. Committing a first-time violation with very serious consequences in one of the cases specified in Clause 3, Article 9 of this Decree;

3. Committing a first-time violation with exceptionally serious consequences in one of the cases specified in Article 8 of this Decree but not warranting the sack form, the violator has a receptive attitude, is willing to make correction, takes proactive measures to rectify the consequences, and has many mitigating circumstances;

4. Using invalid documents to be elected, approved, or appointed to a position.

Article 13. Application of sack disciplinary form for civil servants

The sack disciplinary form shall be applied to civil servants who commit violations in one of the following cases:

1. Having been previously disciplined with the dismissal form for civil servants holding leadership or management positions or salary reduction form for civil servants not holding leadership or management positions and committing a repeat offense;

2. Committing a first-time violation with exceptionally serious consequences in one of the cases specified in Article 8 of this Decree;

3. Using fake or invalid diplomas, certificates, or confirmations to be recruited into agencies, organizations, or units;

4. Being addicted to drugs; for this case, a medical establishment's conclusion or a notification from a competent authority is required;

5. In addition to the provisions in Clauses 1, 2, 3, and 4 of this Article, the sack disciplinary form shall be also applied to civil servants holding leadership or management positions who commit a first-time violation with exceptionally serious consequences in one of the cases specified in Clause 3, Article 9 of this Decree.

Article 14. Application of disciplinary form of removal from office for cadres

Cadres who commit violations as specified in the Law on Organization of the National Assembly, the Law on Organization of Local Administrations, the Law on Election of Deputies to the National Assembly and People's Councils, and other relevant law regulations shall be removed from office. The competence and procedures for removal from office shall be carried out in accordance with the law regulations.

Section 3

DISCIPLINARY MEASURES FOR PUBLIC EMPLOYEES

Article 15. Disciplinary forms for public employees

1. With regard to public employees not holding management positions

a) Reprimand.

b) Caution.

c) Sack.

2. With regard to public employees holding management positions

a) Reprimand.

b) Caution.

c) Dismissal.

d) Sack.

Public employees being disciplined with one of the disciplinary forms as specified in this Article may also be restricted from engaging in professional activities as specified by relevant laws.

Article 16. Application of reprimand disciplinary form for public employees

The reprimand disciplinary form shall be applied to first-time violations causing less serious consequences, except for the violations specified in Clause 3, Article 17 of this Decree, in one of the following cases:

1. Failing to comply with professional procedures, regulations, professional ethics, and rules of conduct while performing professional activities, and having been reminded in writing by the competent authority;

2. Violating law regulations on: the performance of duties and responsibilities of public employees; labor discipline; regulations, internal rules, and working procedures of public non-business unit, and having been reminded in writing by the competent authority;

3. Taking advantage of their position for personal gain; having an arrogant attitude, abusing power, or causing difficulties and harassment to the people during the performance of assigned work and tasks; certifying or issuing legal documents to unqualified individuals; insulting the honor, dignity, and reputation of others while performing professional activities;

4. Failing to comply with the work assignment decisions of competent authorities; not fulfilling assigned tasks without valid reasons; causing a lack of unity within the unit;

5. Violating law regulations on: crime prevention and control; prevention and control of social evils; social order and safety; corruption prevention; practicing thrift and combating waste;

6. Violating law regulations on the protection of state secrets;

7. Violating law regulations on complaints and denunciations;

8. Violating law regulations on: investment and construction; land, natural resources, and environment; finance, accounting, and banking; management and use of public assets during the performance of professional activities;

9. Violating law regulations on: prevention and control of domestic violence; population, marriage, and family; gender equality; social security; and other law regulations related to public employees.

Article 17. Application of caution disciplinary form for public employees

The caution disciplinary form shall be applied to public employees who commit a violation in one of the following cases:

1. Having been previously disciplined with the reprimand form for the violations specified in Article 16 of this Decree and committing a repeat offense;

2. Committing a first-time violation with serious consequences in one of the cases specified in Article 16 of this Decree;

3. Committing a first-time violation with less serious consequences in one of the following cases:

a) Public employees holding management positions failing to fulfill their responsibilities, allowing public employees under their management to violate the law and cause serious consequences during the performance of professional activities;

b) Public employees holding management positions failing to complete assigned management and operational tasks without valid reasons.

Article 18. Application of dismissal disciplinary form for public employees holding management positions

The dismissal disciplinary form shall be applied to public employees holding management positions in one of the following cases:

1. Having been previously disciplined with the caution form as specified in Article 17 of this Decree and committing a repeat offense;

2. Committing a first-time violation with very serious consequences in one of the cases specified in Article 16 of this Decree;

3. Committing a first-time violation with serious consequences in one of the cases specified in Clause 3, Article 17 of this Decree;

4. Using invalid documents to be appointed to a position.

Article 19. Application of sack disciplinary form for public employees

The sack disciplinary form shall be applied to public employees who commit a violation in one of the following cases:

1. Having been previously disciplined with the dismissal form for public employees holding management positions or the caution form for public employees not holding management positions and committing a repeat offense;

2. Committing a first-time violation with exceptionally serious consequences in one of the cases specified in Article 16 of this Decree;

3. Public employees holding management positions committing a first-time violation with very serious or exceptionally serious consequences in one of the cases specified in Clause 3, Article 17 of this Decree;

4. Using fake or invalid diplomas, certificates, or confirmations to be recruited into agencies, organizations, or units;

5. Being addicted to drugs; for this case, a medical establishment's confirmation or a notification from a competent authority is required.

CHAPTER III

COMPETENCE, ORDER AND PROCEDURES FOR IMPOSING

DISCIPLINARY MEASURES

Section 1

COMPETENCE, ORDER AND PROCEDURES FOR IMPOSING

DISCIPLINARY MEASURES ON CADRES

Article 20. Competence for imposing disciplinary measures on cadres

The competence for imposing disciplinary measures on cadres is specified as follows:

1. The competent authority that approves and decides on the approval of election results shall be competent to impose disciplinary measures, except for the cases specified in Clause 2 of this Article;

2. For positions and titles within state administrative agencies approved by the National Assembly, the Prime Minister shall decide on imposing disciplinary measures.

Article 21. Order, procedures for imposing disciplinary measures on cadres

1. Based on the disciplinary decision issued by the competent authority, the advisory body on personnel matters of the authority competent to impose disciplinary measures shall propose the disciplinary form, the time and the duration of disciplinary action. In the cases where the statute of limitations for disciplinary measures has expired, a report shall be submitted to the competent authority specified in Article 20 of this Decree to decide on organizing a review meeting, assessing the responsibility, and taking action according to their competence.

For the cases falling under the competence of the Standing Committee of the National Assembly or the Prime Minister, the competent managing and employing authority shall propose the disciplinary form, the time and the duration of disciplinary action.

For the cases falling under the disciplinary competence of the Prime Minister, the proposal must be concurrently sent to the Ministry of Home Affairs for appraisal, which will then report to the Prime Minister for consideration and decision.

In the cases where there is no disciplinary decision from the competent authority, the procedures for imposing disciplinary measures on cadres shall comply with Clauses 1 and 2, Article 25 of this Decree. The competent authority specified in Article 20 of this Decree shall decide on the participants in the review meeting and the disciplinary board’s members.

2. The competent authority shall issue the disciplinary decision.

Section 2

COMPETENCE, ORDER AND PROCEDURES FOR IMPOSING DISCIPLINARY MEASURES ON RESIGNEES OR RETIREES

Article 22. Competence for imposing disciplinary measures on resignees or retirees

The competence for imposing disciplinary measures on resignees or retirees is specified as follows:

1. In the cases where a disciplinary measure is imposed in the form of revoking positions or titles, the competent authority that approves and decides on the approval of election results and the appointment to the highest positions or titles shall decide on imposing the disciplinary measure, except for the cases specified in Clause 3 of this Article. In such cases, the competent authority shall decide on imposing disciplinary measures for other related positions or titles.

2. In the cases where a disciplinary measure is imposed in the reprimand or caution form, the competent authority that approves and decides on the approval of election results and the appointment to positions or titles shall decide on imposing the disciplinary measure, except for the cases specified in Clause 3 of this Article.

3. For individuals holding positions or titles within state administrative agencies approved by the National Assembly, the Prime Minister shall decide on imposing disciplinary measures.

Article 23. Order, procedures for imposing disciplinary measures on resignees or retirees

1. Based on the disciplinary decision issued by the competent authority, the advisory body on personnel matters of the authority competent to impose disciplinary measures shall propose the disciplinary form, the time and the duration of imposing disciplinary measures.

For the cases falling under the disciplinary competence of the Standing Committee of the National Assembly or the Prime Minister, the competent managing and employing authority shall propose the disciplinary form, the time and the duration of disciplinary action.

For the cases falling under the disciplinary competence of the Prime Minister, the proposal must be concurrently sent to the Ministry of Home Affairs for appraisal, which will then report to the Prime Minister for consideration and decision.

In the cases where there is no disciplinary decision from the competent authority for resignees or retirees who committed violations during their tenure, the competent authority competent to impose disciplinary measures specified in Article 22 of this Decree shall decide on the disciplinary form and assume responsibility for their decision.

2. The competent authority shall issue the disciplinary decision.

Section 3

COMPETENCE, ORDER AND PROCEDURES FOR IMPOSING DISCIPLINARY MEASURES ON CIVIL SERVANTS

Article 24. Competence for imposing disciplinary measures on civil servants

1. For a civil servant holding leadership and management positions, the head of the agency, organization, or unit competent to appoint him/her, or delegated to appoint him/her, shall be responsible for imposing disciplinary measures and deciding on the disciplinary form.

2. For a civil servant not holding leadership and management positions, the head of the agency managing the civil servant or the head of the agency delegated to manage the civil servant shall be responsible for imposing disciplinary measures and deciding on the disciplinary form. For commune-level civil servants, the Chairperson of the district-level People's Committee shall be responsible for imposing disciplinary measures and deciding on the disciplinary form.

3. For a seconded civil servant, the head of the agency to which the civil servant is seconded shall be responsible for imposing disciplinary measures, and agreeing upon the disciplinary form with the sending agency before deciding on the disciplinary form.

The disciplinary dossier and decision for the seconded civil servant must be sent to the agency managing the seconded civil servant.

4. In cases where a civil servant commits a violation during their tenure at a previous agency, organization, or unit, and the violation is discovered upon transfer to a new agency and remains within the disciplinary statute of limitations, the previous agency where the civil servant worked shall be responsible for imposing disciplinary measures. The disciplinary dossier and decision must be submitted to the agency where the civil servant is currently employed.

In cases where the agency competent to impose disciplinary measure has been dissolved, divided, separated, merged, or incorporated, the relevant responsible parties must transfer the dossier for the current agency to execute the disciplinary action.

The disciplinary dossier and decision for the civil servant must be sent to the managing agency of the civil servant.

5. For a civil servant working in the People's Courts and the People's Procuracy, the competence for imposing disciplinary measures shall be exercised in accordance with the regulations of the authority competent to manage the civil servant.

Article 25. Order, procedures for imposing disciplinary measures on civil servants

The imposition of disciplinary measures on civil servants shall be carried out in the following steps:

1. Organizing a review meeting;

2. Establishing a disciplinary board;

3. The competent authority issues the disciplinary decision.

In the cases where disciplinary measures are imposed under the decision of the competent authority specified in Clause 4, Article 3 of this Decree, Clause 1 of this Article shall not be applied.

In the cases where a civil servant has committed legal violations and has been sentenced to imprisonment without suspension or has been convicted of corruption by a court, Clauses 1 and 2 of this Article shall not be applied.

Article 26. Organization of review meeting for civil servants

1. Responsibility for organizing the review meeting

a) In the cases where the person subject to review is a civil servant not holding a leadership or management position, the head of the agency, organization, or unit employing the civil servant shall be responsible for holding the review meeting. The participants in the meeting shall be in accordance with Clause 2 of this Article.

b) In the cases where the person subject to review is the head or deputy head of the agency, the leader of the directly superior agency of the employing agency shall be responsible for holding the review meeting and deciding on the participants in the meeting.

2. Participants in the review meeting

a) If the agency, organization, or unit where the civil servant works is a constituent unit, the participants in the meeting shall be all civil servants of the constituent unit; representatives of the leadership, the Party committee, the trade union, and the advisory body on organizational and personnel matters of the agency, organization, or unit employing the civil servant.

b) If the agency, organization, or unit employing the civil servant does not have a constituent unit, the participants in the review meeting shall be all civil servants of the agency, organization, or unit employing the civil servant.

c) If the person subject to the review is a seconded civil servant, in addition to the participants specified at Points a and b of this Clause, a representative of the leadership of the agency that seconded the civil servant must also be present.

d) If the person subject to the review is a commune-level civil servant, the participants in the review meeting shall be representatives of the leadership of the Party committee and the administration, representatives of relevant socio-political organizations, and all civil servants of the commune-level People's Committee.

3. A review meeting shall be organized in accordance with the following regulations:

a) The chair of the meeting shall announce the reason for the meeting and inform or authorize the advisory body on organizational and personnel matters to announce the following contents: a summary of the work history; the violation; any disciplinary measures already issued (if any); the time of the violation and the time of its discovery; any aggravating or mitigating circumstances of the person who committed the violation; the statute of limitations and the time limits for imposing  disciplinary measures in accordance with the law;

b) The person who committed the violation shall present a self-criticism report, clearly stating the violation and proposing a self-imposed disciplinary measure.

In the cases where the person who committed the violation is present at the meeting but does not submit a self-criticism report, the review meeting will still proceed.

In the cases where the person who committed the violation is absent, the review meeting shall be conducted after 02 notifications to attend the meeting have been sent;

c) Participants in the meeting shall express their opinions on the matters specified at Point a of this Clause;

d) The chair of the review meeting shall conclude.

The contents of the review meeting must be recorded in minutes.

4. Within 03 working days from the date of the conclusion of the review meeting, the chair of the review meeting shall submit a report and the minutes of the review meeting to the competent authority for imposing disciplinary measures. The report must clearly state the following:

a) The violation, its nature, and consequences;

b) Aggravating and mitigating circumstances;

c) The responsibility of the person who committed the violation;

d) The statute of limitations and time limit for imposing disciplinary measures in accordance with the law;

dd) Recommendation regarding disciplinary measures; the disciplinary form (if any) and the procedure for implementation.

Article 27. Disciplinary board for civil servant

1. No later than 05 working days from the receipt of the report and minutes of the review meeting, the competent authority for imposing disciplinary measures shall decide to establish a disciplinary board to advise on the application of disciplinary measures to the civil servant who committed the violation, except in the cases specified in Clause 3 of this Article.

2. Operation principles of the disciplinary board:

a) The disciplinary board shall meet when at least 03 members are present, including the chairperson and secretary of the board.

b) The disciplinary board shall recommend the disciplinary form through secret ballot.

c) The meeting of the disciplinary board must be recorded in minutes, clearly showing the opinions of the participating members and the results of the secret ballot recommending the disciplinary form.

d) The disciplinary board shall self-dissolve after completing its task.

3. Cases where a disciplinary board is not established:

a) There is a conclusion from a competent agency or organization regarding the violation, which includes a proposed disciplinary form.

b) There is a Party disciplinary decision.

In the cases specified at Points a and b of this Clause, the conclusion regarding the violation is used without further investigation or verification.

Article 28. Composition of the disciplinary board for civil servants

1. For civil servants not holding leadership or management positions, the disciplinary board shall have 05 members, including:

a) The chairperson of the board shall be the head or deputy head of the agency managing civil servants or the agency delegated to manage civil servants;

b) 01 board member shall be the head or deputy head of the agency or unit directly employing the civil servant;

c) 01 board member shall be a representative of the Party committee of the agency or unit directly employing the civil servant;

d) 01 board member shall be a representative of the executive committee of the trade union of the agency managing civil servants or the agency delegated to manage civil servants;

dd) 01 board member who also serves as the secretary of the board shall be a representative of the advisory body on organizational and personnel matters of the agency managing civil servants or the agency delegated to manage civil servants.

2. For civil servants holding leadership or management positions, the disciplinary board shall have 05 members, including:

a) The chairperson of the board shall be the head or deputy head of the agency managing civil servants or the agency delegated to manage civil servants;

b) 01 board member shall be the head or deputy head of the agency or unit directly employing civil servants;

c) 01 board member shall be a representative of the Party organization of the agency managing civil servants or the agency delegated to manage civil servants;

d) 01 board member shall be a representative of the executive committee of the trade union of the agency managing civil servants or the agency delegated to manage civil servants;

dd) 01 board member who also serves as the secretary of the board shall be a representative of the advisory body on organizational and personnel matters of the agency managing civil servants or the agency delegated to manage civil servants.

3. For commune-level civil servants, the disciplinary board shall have 05 members, including:

a) The chairperson of the board shall be the chairperson or vice-chairperson of the district-level People's Committee;

b) 01 board member shall be a representative of the district-level Labor Confederation;

c) 01 board member shall be a representative of the leadership of the commune-level People's Committee where the civil servant subject to the imposition of disciplinary measures works;

d) 01 board member shall be a representative of the leadership of the relevant district-level professional department directly managing the professional and technical aspects of the commune-level civil servant subject to the imposition of disciplinary measures, or a representative of the leadership of the district-level Military Command if the violating civil servant is the head of the commune-level military command, or a representative of the leadership of the district-level public security force if the violating civil servant is the head of the commune-level public security force (applicable to communes and townships where regular public security offices have not been organized yet as specified in the Law on People's Public Security Force dated November 20, 2018);

dd) 01 board member who also serves as the secretary of the board shall be a representative of the leadership of the district-level department of home affairs.

4. A spouse, parent (biological or adoptive), child (biological or adoptive), sibling, brother-in-law, sister-in-law, or any person with rights or obligations related to the violation of the civil servant subject to the imposition of disciplinary measures shall not be appointed as a member of the disciplinary board.

5. In the cases where the head or all deputy heads of the agency managing civil servants or the agency delegated to manage civil servants have rights or obligations related to the violation of the civil servant subject to the imposition of disciplinary measures, then the leader of the directly superior agency of the agency managing civil servants or the agency delegated to manage civil servants shall be the chairperson of the board.

6. In the cases where the head or all deputy heads of the agency or unit directly employing the civil servant have rights or obligations related to the violation of the civil servant subject to the imposition of disciplinary measures, then one civil servant from the agency directly employing the civil servant who committed the violation shall be appointed as a replacement.

Article 29. Organization of the disciplinary board meeting for civil servants committing violations

1. Preparation for the meeting:

a) No later than 07 working days before the date of the disciplinary board meeting, a meeting summons must be sent to the civil servant who committed the violation. The absence of the civil servant who committed the violation must be for a valid reason. In the cases where the civil servant who committed the violation is absent after two summonses have been sent, after sending the third summons, the disciplinary board shall proceed with the meeting, even if the civil servant is still absent.

b) The disciplinary board may invite representatives of political organizations, socio-political organizations of the agency, organization, or unit where the civil servant who committed the violation is working; representatives of relevant agencies, organizations, units, or individuals to attend the meeting. Those invited to the meeting have the right to express their opinions and propose disciplinary forms, but they may not vote on the disciplinary form.

c) The board member who also serves as the secretary of the disciplinary board shall be responsible for preparing the documents and dossiers related to the imposition of disciplinary measures and recording the minutes of the disciplinary board meeting.

d) A dossier for the imposition of disciplinary measures submitted to the disciplinary board shall include: the self-criticism report, an excerpt from the civil servant's personnel record, the minutes of the review meeting of the agency, organization, or unit employing the civil servant, and other relevant documents.

2. Procedure for the meeting:

a) The chairperson of the disciplinary board shall announce the reason for the meeting and introduce the participating members.

b) The board member who also serves as the secretary of the disciplinary board shall read an excerpt from the personnel record of the civil servant who committed the violation and other relevant documents.

c) The civil servant who committed the violation shall read the self-criticism report. In the cases where the civil servant who committed the violation is absent but has submitted a self-criticism report, the secretary of the disciplinary board shall read it; if the civil servant is present but does not submit a self-criticism report or is absent and has not submitted a self-criticism report, the disciplinary board shall proceed with the remaining procedures of the meeting as specified in this Clause.

d) The board member who also serves as the secretary of the disciplinary board shall read the minutes of the review meeting.

dd) The members of the disciplinary board and those attending the meeting shall discuss and express their opinions.

e) The civil servant who committed the violation shall express his/her opinion; if the civil servant who committed the violation does not express an opinion or is absent, the disciplinary board shall proceed with the remaining procedures of the meeting as specified in this Clause.

g) The disciplinary board shall vote on whether or not to impose disciplinary measures; if the majority of votes recommend the imposition of disciplinary measures, a vote shall be taken on the application of the disciplinary form; the voting shall be conducted by secret ballot using the cumulative voting method.

h) The chairperson of the disciplinary board shall announce the results of the secret ballot and approve the minutes of the meeting.

i) The chairperson of the disciplinary board and the board member who also serves as the secretary of the disciplinary board shall sign the minutes of the meeting.

3. In the cases where multiple civil servants in the same agency, organization, or unit have committed violations, the disciplinary board shall meet to consider the imposition of disciplinary measures on each civil servant individually.

Article 30. Disciplinary decision for civil servants

1. Procedure for issuing a disciplinary decision:

a) Within 05 working days from the conclusion of the meeting, the disciplinary board must submit a written recommendation on disciplinary action (along with the minutes of the disciplinary board meeting and the dossier for the imposition of disciplinary measures) to the competent authority for the imposition of disciplinary measures.

b) Within 05 working days from the receipt of the disciplinary board's written recommendation in the cases where a disciplinary board is established, or the minutes of the review meeting of the agency, organization, or unit in the cases where a disciplinary board is not established, or the proposal of the advisory body on organizational and personnel matters of the competent authority for the imposition of disciplinary measures, the authority competent to impose disciplinary measures shall issue a disciplinary decision or conclude that the civil servant did not commit a violation.

c) In the cases where the civil servant's violation involves complex circumstances, the authority competent to impose disciplinary measures shall decide to extend the time limit for disciplinary action and shall be responsible for its decision.

2. In the cases where a civil servant who committed a violation is sentenced to imprisonment by a court without a suspended sentence or is sentenced by a court for corruption, within 15 working days from the date of receipt of the court's legally effective decision or judgment, the authority competent to impose disciplinary measures shall issue a disciplinary decision on sack.

3. The disciplinary decision must clearly state its effective date.

4. The disciplinary decision for a cadre or civil servant is valid for 12 months from its effective date. During this time, if the civil servant does not continue to commit violations of the law to the extent that disciplinary action must be taken, the disciplinary decision shall automatically cease to be effective without the need for a document on the cessation of effectiveness.

In the cases where the civil servant continues to commit violations of the law during the period of enforcement of the disciplinary decision, it shall be handled in accordance with Clause 3, Article 2 of this Decree. The disciplinary decision under enforcement shall cease to be effective from the time the disciplinary decision on the new violation of the law takes effect. Documents related to the imposition of disciplinary measures and the disciplinary decision must be kept in the civil servant's personnel dossier. The disciplinary form must be recorded in the civil servant's personnel record.

Section 4

COMPETENCE AND PROCEDURE FOR IMPOSING DISCIPLINARY MEASURES ON PUBLIC EMPLOYEES

Article 31. Competence to impose disciplinary measures on public employees

1. For a public employee holding management positions, the head of the agency, organization, or unit competent to appoint shall impose disciplinary measures and decide on the disciplinary form.

For a public employee holding positions or titles by election, the authority competent to approve and decide on the recognition of election results shall impose disciplinary measures and decide on the disciplinary form.

2. For a public employee not holding management positions, the head of the public non-business unit managing the public employee shall impose disciplinary measures and decide on the disciplinary form.

3. For a seconded public employee, the head of the agency, organization, or unit to which the public employee is seconded shall review the imposition of disciplinary measures and propose the disciplinary form. The dossier for the imposition of disciplinary measures must be submitted to the public non-business unit that seconded the public employee for issuing a disciplinary decision according to its competence.

4. In the cases where a public employee commits a violation during their work at a former agency, organization, or unit, and the violation of the law is discovered only after transferring to a new agency, organization, or unit, and is still within the statute of limitations for imposing disciplinary measures, the competence to conduct and impose disciplinary measures belongs to the former agency, organization, or unit where the public employee worked. The disciplinary dossier and decision must be submitted to the agency, organization, or unit currently managing the public employee.

In the cases where the former public non-business unit has been dissolved, merged, consolidated, divided, or separated, the relevant responsible persons must transfer the dossier so that the public non-business unit currently managing the public employee can implement the disciplinary action.

5. For a public employee working in the People's Courts and People's Procuracy, the competence to impose disciplinary measures shall be implemented under the regulations of the competent authority of the agency managing the public employee.

Article 32. Procedure for imposing disciplinary measures on public employees

The imposition of disciplinary measures on public employees shall be carried out in the following steps:

1. Organizing a review meeting;

2. Establishing a disciplinary board;

3. The competent authority issues the disciplinary decision.

The cases specified in Clause 4, Article 3 of this Decree shall not apply Clause 1 of this Article.

In the cases where a public employee commits a violation of the law and is sentenced to imprisonment by a court without a suspended sentence or is sentenced by a court for corruption, the regulations at Clauses 1 and 2 of this Article shall not be applied.

Article 33. Organization of review meeting for public employees

1. Responsibility for organizing the review meeting:

a) For a public employee holding management positions, the head of the agency, organization, or unit competent to appoint shall be responsible for organizing the review meeting and deciding on the participants.

b) For a public employee not holding management positions, the head of the public non-business unit managing the public employee shall be responsible for organizing the review meeting; the participants in the meeting shall be determined in accordance with Clause 2 of this Article.

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

a) In the cases where the agency, organization, or unit where the public employee works is a constituent unit, the participants in the meeting shall be all public employees of the constituent unit and representatives of the leadership, the Party committee, and the trade union of the unit;

b) In the cases where the agency, organization, or unit managing the public employee does not have a constituent unit, the participants in the review meeting shall be all public employees of the agency, organization, or unit;

c) In the cases where the person subject to the review is a seconded public employee, in addition to the participants specified at Points a and b of this Clause, a representative of the leadership of the agency that seconded the public employee must also be present.

3. The review meeting shall be organized in accordance with the following regulations:

a) The chair of the meeting shall announce the reason for the meeting and inform or authorize the advisory body on organizational and personnel matters to announce the following contents: a summary of the work history; the violation; any disciplinary measures already issued (if any); the time of the violation and the time of its discovery; any aggravating or mitigating circumstances of the person who committed the violation; the statute of limitations and the time limits for imposing disciplinary measures in accordance with the law;

b) The person who committed the violation shall present a self-criticism report, clearly stating the violation and proposing a self-imposed disciplinary form.

In the cases where the person who committed the violation is present at the meeting but does not submit a self-criticism report, the review meeting will still proceed.

In the cases where the person who committed the violation is absent, the review meeting shall be conducted after 02 notifications to attend the meeting have been sent;

c) Participants in the review meeting shall express their opinions on the matters specified at Point a of this Clause;

d) The chair of the review meeting shall conclude.

The contents of the review meeting must be recorded in minutes.

4. Within 03 working days from the date of the conclusion of the review meeting, the chair of the meeting shall be responsible for submitting a report and the minutes of the review meeting to the authority competent to impose disciplinary measures. The report must clearly state the following:

a) The violation, its nature, and consequences;

b) Aggravating and mitigating circumstances;

c) The responsibility of the person who committed the violation and the corresponding disciplinary measure;

d) The statute of limitations and time limit for imposing disciplinary measures in accordance with the law;

dd) Recommendation regarding the imposition of disciplinary measures; disciplinary form (if any) and the procedure for implementation.

Article 34. Disciplinary board for public employees

1. The authority competent to impose disciplinary measures, as specified in Article 31 of this Decree, shall decide to establish a disciplinary board to advise on the application of the disciplinary form to a public employee who committed the violation, except in the cases specified in Clause 3 of this Article.

2. Operation principles of the disciplinary board:

a) The disciplinary board shall meet when at least 03 members are present, including the chairperson and secretary of the board.

b) The disciplinary board shall recommend the application of the disciplinary form through a secret ballot.

c) The disciplinary board meeting must be recorded in minutes, clearly showing the opinions of the participating members and the results of the secret ballot recommending the disciplinary form.

d) The disciplinary board shall self-dissolve after completing its task.

3. Cases where a disciplinary board is not established:

a) There is a conclusion from a competent agency or organization regarding the violation, which includes a proposed disciplinary form.

b) There is a Party disciplinary decision.

In the cases specified at Points a and b of this Clause, the conclusion regarding the violation is used without further investigation or verification.

Article 35. Composition of the disciplinary board for public employees

1. For a public employee not holding management positions and a public non-business unit managing the public employee that does not have a constituent unit, the disciplinary board shall have 03 members, including:

a) The chairperson of the board shall be the head or deputy head of the public non-business unit managing the public employee;

b) 01 board member shall be a representative of the executive committee of the trade union of the public non-business unit managing the public employee;

c) 01 board member who also serves as the secretary of the board shall be a representative of the advisory body on organizational and personnel matters of the public non-business unit managing the public employee.

2. For a public employee not holding management positions and a public non-business unit managing the public employee that has a constituent unit, the disciplinary board shall have 05 members, including:

a) The chairperson of the board shall be the head or deputy head of the public non-business unit managing the public employee or the unit delegated to manage the public employee;

b) 01 board member shall be the head or deputy head of the head of the unit directly employing the public employee;

c) 01 board member shall be a representative of the Party committee of the unit directly employing the public employee;

d) 01 board member shall be a representative of the Executive Committee of the trade union of the public non-business unit managing the public employee or the unit delegated to manage the public employee;

dd) 01 board member who also serves as the secretary of the board shall be a representative of the advisory body on organizational and personnel matters of the public non-business unit managing the public employee.

3. For a public employee holding management positions who have committed violations, the disciplinary board shall have 05 members, including:

a) The chairperson of the board shall be the head or deputy head of the head of the agency, organization, or unit competent to appoint or approve and decide on the recognition of the public employee;

b) 01 board member shall be the head or deputy head of the head of the unit managing or delegated to manage the public employee; if the appointing authority is also the managing authority, the board member shall be the head or deputy head of the head of the unit directly employing the public employee;

c) 01 board member shall be a representative of the party organization of the public non-business unit managing the public employee or the unit delegated to manage the public employee;

d) 01 board member shall be a representative of the Executive Committee of the trade union of the unit managing the public employee or the unit delegated to manage the public employee;

dd) 01 board member who also serves as the secretary of the board shall be a representative of the advisory body on organizational and personnel matters of the agency, organization, or unit competent to impose disciplinary measures on the public employee.

4. A spouse, parent (biological or adoptive), child (biological or adoptive), sibling, brother-in-law, sister-in-law, or any person with rights or obligations related to the violation of the public employee subject to the imposition of disciplinary measures shall not be appointed as a member of the disciplinary board.

5. In the cases where the head or all deputy heads of the agency, organization, or unit specified at Point a Clause 1, Point a Clause 2, or Point a Clause 3 of this Article have rights or obligations related to the violation of the public employee subject to the imposition of disciplinary measures, then the leader of the directly superior agency, organization, or unit shall be the chairperson of the board.

6. In the cases where the head or all deputy heads of the agency, organization, or unit directly employing the public employee have rights or obligations related to the violation of the public employee subject to the imposition of disciplinary measures, then one public employee from the agency directly employing the public employee who committed the violation shall be appointed as a member.

Article 36. Organization of the disciplinary board meeting for public employees

1. Preparation for the meeting:

a) No later than 07 working days before the date of the disciplinary board meeting, a meeting summons must be sent to the public employee who committed the violation. The absence of the public employee who committed the violation must be for a valid reason. If the public employee who committed the violation is absent after 02 summonses have been sent, after sending the third summons, the disciplinary board shall proceed with the meeting, even if the public employee is still absent.

b) The disciplinary board may invite representatives of political organizations, socio-political organizations of the agency, organization, or unit where the public employee who committed the violation is working; representatives of relevant agencies, organizations, units, or individuals to attend the meeting. Those invited to the meeting have the right to express their opinions and propose the disciplinary form, but they may not vote on the disciplinary form.

c) The board member who also serves as the secretary of the disciplinary board shall responsible for preparing the documents and dossiers related to the imposition of disciplinary measures and recording the minutes of the disciplinary board meeting.

d) A dossier for the imposition of disciplinary measures submitted to the disciplinary board include: the self-criticism report, an excerpt from the personnel record of the public employee who committed the violation, the minutes of the review meeting for the public employee of the agency, organization, or unit employing the public employee, and other relevant documents.

2. Procedure for the meeting:

a) The chairperson of the disciplinary board shall announce the reason for the meeting and introduce the participating members.

b) The board member who also serves as the secretary of the disciplinary board shall read an excerpt from the personnel record of the public employee who committed the violation of the law and other relevant documents.

c) The public employee who committed the violation of the law shall read the self-criticism report.

If the public employee who committed the violation of the law is absent but has submitted a self-criticism report, the secretary of the disciplinary board shall read it; if the public employee is present but does not submit a self-criticism report or is absent and has not submitted a self-criticism report, the disciplinary board shall proceed with the remaining procedures of the meeting as specified in this Clause.

d) The board member who also serves as the secretary of the disciplinary board shall read the minutes of the review meeting.

dd) The members of the disciplinary board and those attending the meeting shall discuss and express their opinions.

e) The public employee who committed the violation shall express his/her opinion; if the public employee who committed the violation does not express an opinion or is absent, the disciplinary board shall proceed with the remaining procedures of the meeting as specified in this Clause.

g) The disciplinary board shall vote on whether or not to impose disciplinary measures; if the majority of votes recommend the imposition of disciplinary measures, a vote shall be taken on the application of the disciplinary form; the voting shall be conducted by secret ballot using the cumulative voting method.

h) The chairperson of the disciplinary board shall announce the results of the secret ballot and approve the minutes of the meeting.

i) The chairperson of the disciplinary board and the board member who also serves as the secretary of the disciplinary board shall sign the minutes of the meeting.

3. In the cases where multiple public employees in the same agency, organization, or unit have committed violations of the law, the disciplinary board shall meet to consider the imposition of disciplinary measures on each public employee individually.

Article 37. Disciplinary decision for public employees

1. Procedure for issuing a disciplinary decision:

a) Within 05 working days from the conclusion of the meeting, the disciplinary board must submit a written recommendation on disciplinary action (along with the minutes of the disciplinary board meeting and the dossier for the imposition of disciplinary measures) to the competent authority for the imposition of disciplinary measures.

b) Within 05 working days from the receipt of the disciplinary board's written recommendation in the cases where a disciplinary board is established, or the minutes of the review meeting of the agency, organization, or unit in the cases where a disciplinary board is not established, or the proposal of the advisory body on organizational and personnel matters of the competent authority for the imposition of disciplinary measures, the authority competent to impose disciplinary measures shall issue a disciplinary decision or conclude that the public employee did not commit a violation.

c) In the cases where the public employee's violation involves complex circumstances, the authority competent to impose disciplinary measures shall decide to extend the time limits for disciplinary action and shall be responsible for its decision.

2. In the cases where a public employee who committed a violation of the law is sentenced to imprisonment by a court without a suspended sentence or is sentenced by a court for corruption, within 15 working days from the date of receipt of the court's legally effective decision or judgment, the authority competent to impose disciplinary measures shall issue a disciplinary decision on sack.

3. The disciplinary decision must clearly state its effective date.

4. The disciplinary decision for a public employee is valid for 12 months from its effective date. During this time, if the public employee does not continue to commit violations of the law to the extent that disciplinary action must be taken, the disciplinary decision shall automatically cease to be effective without the need for a document on the cessation of effectiveness.

In the cases where the public employee continues to commit violations of the law during the period of enforcement of the disciplinary decision, it shall be handled in accordance with Clause 3, Article 2 of this Decree. The disciplinary decision under enforcement shall cease to be effective from the time the disciplinary decision on the new violation of the law takes effect. Documents related to the imposition of disciplinary measures and the disciplinary decision must be kept in the public employee's personnel dossier. The disciplinary form must be recorded in the public employee's personnel record.

CHAPTER IV

OTHER PROVISIONS RELATED TO IMPOSITION OF

DISCIPLINARY MEASURES

Article 38. Relevant provisions when considering the imposition of disciplinary measures

1. Cadres, civil servants, and public employees who have committed violations of the law and are undergoing disciplinary review, or being disciplined, or being put under investigation, prosecuted or brought to trial, and reach retirement age, shall still have their retirement procedures processed.

2. In the cases where the disciplinary board has issued a written recommendation for the imposition of disciplinary measures but a disciplinary decision has not yet been issued, and further details related to the disciplinary violation are discovered, or where it is discovered that a cadre, civil servant, or public employee under disciplinary review has committed other violations of the law, the disciplinary board shall reconsider and reissue its recommendation for the disciplinary form.

3. The application of the dismissal disciplinary form for civil servants holding judicial positions shall be implemented in accordance with this Decree and the specialized law provisions.

Article 39. Relevant provisions after a disciplinary decision is issued against cadres and civil servants

1. A civil servant subjected to the disciplinary form of salary reduction, if currently receiving a rank-2 or higher salary of the rank or title, shall be placed in the immediately lower salary rank. The new salary rank shall be effective from the date the disciplinary decision takes effect. The time for the next salary rank increase to return to the previous salary rank before the disciplinary action shall be calculated from the date the disciplinary decision takes effect. The time spent in the salary rank before the salary reduction shall be retained for calculation in the next salary rank increase. If the civil servant is currently receiving a rank-1 salary or is receiving an above-rank seniority allowance of the rank or title, the disciplinary form of salary reduction shall not be applied; depending on the nature and extent of the violation of the law, the competent authority shall consider applying an appropriate disciplinary form.

2. Civil servants subjected to the sack disciplinary form:

a) A civil servant subjected to the sack disciplinary form shall not be entitled to dismissal benefits, but the social insurance agency shall confirm the period of employment for which social insurance contributions have been made in order to implement social insurance benefits in accordance with the law.

b) The agency competent to manage the civil servant who is sacked shall keep the personnel dossier of the sacked civil servant and shall be responsible for providing a summary of the personnel record and comments (with confirmation) upon the request of the civil servant.

c) After 12 months from the effective date of the sack disciplinary decision, the civil servant who has been sacked shall be entitled to register for recruitment to state agencies, organizations, and units. In cases of sack due to corruption, embezzlement, or violation of public ethics, the civil servant shall not be allowed to register for recruitment to agencies or positions related to the duties or public service previously held.

3. In the case of a civil servant holding a leadership or management position who commits a violation of the law and is subjected to the disciplinary form of demotion, and there is no lower position than the one currently held, the demotion shall result in the loss of the position.

4. Regarding the disciplinary decision against a cadre or civil servant who has been concluded by a competent agency, organization, or unit or a court to be wrongly or incorrectly accused, no later than 10 working days from the date of the written conclusion of the competent agency, organization, or unit or from the date the court decision takes effect, the head of the agency, organization, or unit where the cadre or civil servant works shall be responsible for publicly announcing this at the agency, organization, or unit where the cadre or civil servant is working. In the cases where a disciplinary decision has been issued according to the conclusion of the appellate judgment and there is no conclusion from a competent authority that the accusation was wrong or incorrect, but there is a subsequent change in the penalty in a new judgment in accordance with the law on proceedings, the handling of the disciplinary decision issued shall be reviewed and decided by the competent authority for imposing disciplinary measures.

5. In the cases where a civil servant subjected to the disciplinary forms of demotion, dismissal, or sack is subsequently concluded by a competent agency, organization, or unit or a court to be wrongly or incorrectly accused, and the former position has been filled by another person, the head of the competent agency shall be responsible for assigning the civil servant to a suitable position, or leadership or management position.

6. In the cases where a civil servant commits a violation while a salary reduction disciplinary decision is being enforced, when a new disciplinary form is applied, the previously reduced salary rank must be restored.

7. In the cases where the agency, organization, or unit competent to resolve complaints and denunciations concludes that the imposition of disciplinary measures on the civil servant was not conducted correctly with regard to the application of the disciplinary form, procedures, and competence to impose disciplinary measures, the authority competent to impose disciplinary measures must issue a decision to revoke the disciplinary decision that has been issued; and review and impose disciplinary measures on the civil servant in accordance with this Decree.

Article 40. Relevant provisions after a disciplinary decision is issued against public employees

1. Public employee subjected to the sack disciplinary form:

a) A public employee subjected to the sack disciplinary form shall not be entitled to dismissal benefits, but the social insurance agency shall confirm the period of employment for which social insurance contributions have been made in order to implement social insurance benefits in accordance with the law.

b) The public non-business unit competent to manage the public employee shall keep the personnel dossier of the public employee who is sacked and shall be responsible for providing a copy of the personnel record and comments on the work history (with confirmation) upon the request of the sacked public employee.

c) After 12 months from the effective date of the sack disciplinary decision, the public employee who has been sacked shall be entitled to register for recruitment to state agencies, organizations, and units. In cases of sack due to corruption, embezzlement, or violation of public ethics, the public employee shall not be allowed to register for recruitment to positions related to the duties previously held.

2. Regarding the disciplinary decision against a public employee who has been concluded by a competent agency, organization, or unit or a court to be wrongly or incorrectly accused, no later than 10 working days from the date of the written conclusion of the competent agency, organization, or unit or from the date the court decision takes effect, the head of the public non-business unit managing the public employee shall be responsible for publicly announcing this at the unit where the public employee is working. In cases where a disciplinary decision has been issued according to the conclusion of the appellate judgment and there is no conclusion from a competent authority that the accusation was wrong or incorrect, but there is a subsequent change in the penalty in a new judgment in accordance with the law on proceedings, the handling of the disciplinary decision issued shall be reviewed and decided by the authority competent to impose disciplinary measures.

3. In the cases where a public employee subjected to the disciplinary forms of dismissal or sack is subsequently concluded by a competent agency, organization, or unit or a court to be wrongly or incorrectly accused, and the former position has been filled by another person, the head of the competent public non-business unit shall be responsible for assigning the public employee to a suitable position or management position.

4. In the cases where the agency, organization, or unit competent to resolve complaints and denunciations concludes that the imposition of disciplinary measures on the public employee was not conducted correctly with regard to the application of the disciplinary form, procedures, and competence to impose disciplinary measures, the competent authority that signed the disciplinary decision must issue a decision to revoke the disciplinary decision; at the same time, the competent public non-business unit for imposing disciplinary measures must review and impose disciplinary measures on the public employee in accordance with this Decree.

Article 41. Benefits and policies for those temporarily detained or imprisoned, suspended from work, or suspended from office

Cadres, civil servants, and public employees who are temporarily detained or imprisoned, suspended from work, or suspended from office and have not yet been subjected to disciplinary action shall be applied the following specified benefits:

1. For cadres, civil servants, and public employees who are temporarily detained or imprisoned, or released on bail but with a restriction on leaving their place of residence, and are unable to continue working to assist with the investigation, prosecution, trial, or temporary suspension from work without having been subjected to disciplinary review, they shall receive 50% of their current salary, plus leadership position allowances, above-rank seniority allowances, professional seniority allowances, and retained salary differential coefficient (if any).

For cadres, civil servants, or public employees holding leadership or management positions who are temporarily suspended from office, they shall not receive leadership or management position allowances.

2. In the cases where cadres, civil servants, or public employees are not subjected to disciplinary action or are concluded to be wrongly or incorrectly accused, they shall receive the remaining 50% of their salary specified in Clause 1 of this Article.

3. In the cases where cadres, civil servants, or public employees are subjected to disciplinary action or are declared guilty by a court, they shall not receive the remaining 50% of their salary specified in Clause 1 of this Article.

Article 42. Complaints about disciplinary decisions

Disciplined cadres, civil servants, and public employees have the right to complain about disciplinary decisions in accordance with the law provisions on complaints.

Chapter V

TRANSITIONAL PROVISIONS AND EFFECT

Article 43. Transitional provisions and application of specialized laws

1. For violations that were reviewed and processed before the effective date of this Decree, the current laws shall continue to apply; for violations that occurred before the effective date of this Decree but are reviewed and processed after the effective date of this Decree, this Decree shall apply.

2. Violations against the laws on sanctioning of administrative violations, anti-corruption, and disciplinary forms shall be applied in accordance with specialized laws. In the cases where specialized laws have not yet stipulated or stipulate differently from this Decree on the same matter, this Decree shall prevail.

Article 44. Effect

1. This Decree takes effect on September 20, 2020.

2. The following provisions are repealed:

a) The Government's Decree No. 34/2011/ND-CP dated May 17, 2011, on disciplinary measures for civil servants;

b) The provisions concerning disciplinary measures for public employees in the Government's Decree No. 27/2012/ND-CP dated April 6, 2012, on disciplinary measures for and compensation/reimbursement responsibilities of public employees;

c) Chapter 6 of the Decree No. 112/2011/ND-CP dated December 5, 2011, on civil servants of communes, wards, and townships;

d) The provisions concerning disciplinary measures for cadres in the Decree No. 35/2005/ND-CP dated March 17, 2005, on disciplinary measures for cadres and civil servants.

Article 45. Responsibility for implementation

Ministers, heads of ministerial-level agencies, heads of governmental agencies, chairpersons of People's Committees of provinces and centrally-run cities, and relevant agencies, organizations, and individuals shall implement this Decree./.

On behalf of the Government

The Prime Minister

NGUYEN XUAN PHUC