4 forms of disciplinary action against civil servants

(Chinhphu.vn) - The Government has issued Decree No. 234/2026/ND-CP regulating disciplinary procedures for civil servants.

Any act that infringes upon the spirit, honor, and dignity of civil servants is strictly prohibited in the disciplinary process.

The decree stipulates the forms of disciplinary action for civil servants as follows: a- Reprimand; b- Warning; c- Dismissal, applicable to managerial civil servants; d- Termination of employment.

Officials disciplined by any of the above-mentioned forms of punishment will also be restricted from performing their professional activities in accordance with relevant laws.

Officials who are sentenced to imprisonment by the court without probation or who are convicted of corruption offenses are automatically dismissed from their jobs from the date the judgment or decision takes legal effect; managerial officials who commit crimes and are convicted by the court, and whose judgment or decision has taken legal effect, are automatically relieved of their appointed positions.

The violations were subject to disciplinary action.

The decree stipulates that the following violations are subject to disciplinary action: Civil servants who violate Party regulations and laws related to the performance of their duties according to their job position; regulations on the obligations of civil servants; prohibited actions for civil servants; violations of professional ethics, workplace communication culture, and communication with the public; and violations of internal rules and regulations of the agency, organization, or unit.

The severity of the violation is determined as follows:

A violation with minor consequences is one that is not of a significant nature or degree of harm, has an impact within the internal scope, and affects the reputation of the agency, organization, or unit of work.

Serious violations are those that are significant in nature, extent, and harm, impacting beyond the internal scope, causing negative public opinion among officials and the people, and diminishing the reputation of the agency, organization, or workplace.

Violations with very serious consequences are those that are of a very large nature, scale, and harmful nature, impacting the entire society, causing great public outrage among officials and the people, and damaging the reputation of the agency, organization, or workplace.

Each violation will only be dealt with once using a single form of disciplinary action.

The decree stipulates that disciplinary actions must adhere to the principles of objectivity and fairness; transparency and strictness; accuracy and timeliness; and compliance with proper authority, procedures, and processes.

Each violation shall be dealt with only once using a single disciplinary measure. When considering disciplinary action, if an official commits two or more violations simultaneously, each violation shall be considered and concluded upon, and a single, highest-level disciplinary measure shall be applied; each violation shall not be separated to implement different disciplinary measures or multiple disciplinary actions.

In cases where a public official, while serving a disciplinary sentence, commits further violations, the following disciplinary measures shall apply: If the new violation results in a disciplinary action that is less severe than or equal to the current disciplinary action, a disciplinary action one level more severe than the current disciplinary action shall be applied; if the new violation results in a disciplinary action that is more severe than the current disciplinary action, a disciplinary action one level more severe than the disciplinary action applied to the new violation shall be applied (*).

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When considering disciplinary action, it is necessary to base decisions on the content, motive, nature, extent, consequences, and causes of the violation; the specific circumstances; aggravating and mitigating circumstances; the attitude of acceptance and correction; and the results of rectifying shortcomings, violations, and consequences.

Administrative penalties cannot be applied in place of administrative disciplinary measures; administrative disciplinary action does not replace criminal prosecution if the violation warrants criminal prosecution.

If an official is subjected to disciplinary action by the Party, within 30 days from the date of announcement of the Party disciplinary decision, the agency, organization, or unit must impose administrative disciplinary action, except in cases where disciplinary action has not yet been considered as stipulated in Article 3 of this Decree.

Administrative disciplinary measures must be commensurate with Party discipline. In cases where the highest form of Party disciplinary action is taken in relation to the performance of duties in a job position, the organizational and personnel advisory body shall report to the competent authority for consideration and decision on the application of the highest form of administrative disciplinary action.

In cases where a civil servant is dismissed from their position due to Party disciplinary action but does not hold a managerial position, the organizational and personnel advisory body shall report to the competent authority for consideration and decision on administrative disciplinary action in the form of a warning.

If there is a change in the form of disciplinary action within the Party, the corresponding administrative disciplinary action must also be changed. The time already spent implementing the old disciplinary decision shall be deducted from the time spent implementing the new disciplinary decision (if any remaining). If the competent Party authority decides to revoke the Party disciplinary decision, the competent authority responsible for handling administrative disciplinary action must issue a decision to annul the administrative disciplinary decision.

Any act that violates the physical integrity, mental well-being, honor, or dignity of individuals during the disciplinary process is strictly prohibited.

A public official who commits a first-time violation and is disciplined, and then commits the same violation again within 12 months from the effective date of the disciplinary decision, shall be considered a repeat offender.

The decision to discipline a public official is valid for 12 months from the date of its implementation. During this period, if the public official does not continue to violate the law to the extent that disciplinary action is required, the disciplinary decision automatically ceases to be effective without the need for a written document stating the termination of its effect.

In cases where a Party disciplinary decision has already been made, the administrative disciplinary decision takes effect from the date the Party disciplinary decision takes effect, except in cases of dismissal, in which case the administrative disciplinary decision takes effect from the date it is signed.

If a public official, while serving a disciplinary sentence, commits further violations that warrant further disciplinary action, the disciplinary action shall be carried out in accordance with the provisions of section (*) above. The disciplinary decision currently in effect shall cease to be effective from the date the new disciplinary decision for the new violation takes effect. Documents related to the disciplinary process and the disciplinary decision must be kept in the public official's file; the disciplinary decision shall be updated in the National Database of Cadres, Civil Servants, and Public Officials or a specialized database as prescribed by law. The disciplinary action must be recorded in the public official's personal record.

If a public official commits a violation while working at their previous agency, organization, or unit, and the violation is only discovered upon transfer to a new agency, organization, or unit, and the statute of limitations for disciplinary action is still in effect, the competent authority of the new agency, organization, or unit shall consider and apply disciplinary action in accordance with the law and applicable to the official's current position. In this case, the previous agency, organization, or unit is responsible for cooperating and providing all relevant documents concerning the official's violation during the disciplinary review and processing. Regulations regarding performance evaluation, ranking, and other related regulations shall be applied at the previous unit.

It is prohibited for spouses, biological parents; parents (of the spouse), adoptive parents; biological children, adopted children; siblings; aunts, uncles, cousins; siblings of the spouse; spouse of siblings; or persons with rights or obligations related to the violation being considered for disciplinary action to be members of the Disciplinary Council or to chair the review meeting.

Cases not yet under consideration for disciplinary action.

The decree specifies the cases in which disciplinary action will not be considered, including:

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1. Officials who are undergoing treatment for a serious illness or are incapacitated; or who are seriously ill and receiving inpatient treatment at a hospital, with confirmation from a competent health authority.

2. Female officials who are pregnant, on maternity leave, or raising children under 12 months old, or male officials (in cases where the wife has died or is unable to raise the child due to force majeure or objective obstacles as stipulated in the Civil Code and the law on emergency situations) who are raising children under 12 months old, except in cases where the person committing the violation submits a written request for disciplinary action.

3. Officials who are being prosecuted, detained, or held in custody pending the conclusion of investigations, prosecutions, and trials by competent authorities regarding violations of the law, except in cases determined by a competent authority.

4. Cases not yet considered for disciplinary action as stipulated in the National Assembly 's Resolution on specific mechanisms and policies for handling violations of land law by organizations and individuals occurring before the Land Law of 2024 came into effect, and resolving difficulties and obstacles for stalled and long-standing projects.

5. Other cases not subject to disciplinary action as prescribed by law.

This Decree takes effect from July 1, 2026. Government Decree No. 112/2020/ND-CP dated September 18, 2020, on disciplinary action against officials, civil servants, and public employees (amended and supplemented by Government Decree No. 71/2023/ND-CP dated September 20, 2023, and partially repealed by Government Decree No. 172/2025/ND-CP dated June 30, 2025, on disciplinary action against officials and civil servants) ceases to be in effect from the date this Decree takes effect.

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