The Government abolishes some forms of discipline for officials and civil servants.
3 cases not yet considered for disciplinary action
Accordingly, Decree No. 172/2025/ND-CP stipulates 3 cases that have not been considered for disciplinary action (instead of 4 cases as prescribed in Decree No. 112/2020/ND-CP), including:
- Officials and civil servants who are being treated for a serious illness or are losing their cognitive ability; are seriously ill and are being treated as inpatients at a hospital with confirmation from a competent medical authority.
- Female officials and civil servants who are pregnant, on maternity leave, or raising children under 12 months old, or male officials and civil servants (in case the wife dies or the wife cannot raise the child due to force majeure or objective obstacles as prescribed by the Civil Code and the law on emergency situations) who are raising children under 12 months old, except in cases where the violator has a written request for consideration of disciplinary action.
- Officials and civil servants who are being prosecuted, detained, or imprisoned pending the conclusion of a competent authority investigating, prosecuting, or trying a violation of the law; except in cases decided by a competent authority.
Previously, Decree No. 112/2020/ND-CP stipulated that the case of "cadres, civil servants, and public employees who are on annual leave, leave according to the regime, or personal leave permitted by competent authorities" is also a case that has not been considered for disciplinary action.
Additional cases of exemption from disciplinary responsibility
Decree No. 172/2025/ND-CP also stipulates cases of disciplinary exclusion implemented according to the provisions of the Penal Code and other relevant legal provisions.
In case of violation with one or more of the following circumstances, disciplinary action shall be exempted: the competent authority confirms the loss of civil act capacity when committing the violation; must comply with the decision of the superior according to the provisions of the Law on Cadres and Civil Servants 2025; the competent authority confirms the violation in an urgent situation, due to force majeure or objective obstacles according to the provisions of the Civil Code and the law on emergency situations when performing official duties; has complied with the provisions on authority, order, procedures, and non-profit making in the process of performing tasks but has caused damage for objective reasons; has implemented proposals on innovation and creativity that have been permitted by the competent authority and have been determined by the competent authority to have been implemented in accordance with the policy, with pure motives, for the common good but damage has occurred; has committed a violation to the extent of being disciplined but has passed away. This provision aims to institutionalize the mechanism to encourage daring to think and dare to do.
Decree No. 172/2025/ND-CP also adds specific provisions on violations that are considered for mitigating or increasing the level of discipline; amends and supplements the time limit for handling discipline.
Abolish some forms of discipline for officials and civil servants
In particular, the decree abolishes some forms of discipline for officials and civil servants.
Accordingly, disciplinary measures applied to officials include: reprimand; warning; dismissal, applied to officials approved, appointed or assigned to hold positions or titles; dismissal.
Disciplinary measures applied to civil servants: reprimand; warning; dismissal, applied to civil servants in leadership and management positions; forced resignation.
Thus, Decree No. 172/2025/ND-CP has eliminated the disciplinary form of demotion applied to civil servants holding leadership and management positions and salary reduction for civil servants not holding leadership and management positions. This change is to comply with the Law on Cadres and Civil Servants 2025, because this law does not stipulate the above two forms of discipline.
Decree No. 172/2025/ND-CP also clearly stipulates the application of disciplinary measures.
The disciplinary measure of forced dismissal is applied to civil servants who commit violations in one of the following cases: having been disciplined by dismissal for civil servants holding leadership or management positions or warning for civil servants not holding leadership or management positions but re-offending; having committed a first-time violation causing very serious consequences in one of the cases where the disciplinary measure of reprimand is applied but the violator does not have an attitude of acceptance, correction, or proactively remedying the consequences and is in one of the cases where the disciplinary measure is increased; using fake or illegal diplomas, certificates, or confirmations to be recruited into an agency, organization, or unit; being addicted to drugs (in this case, there must be a conclusion from a medical facility or a notice from a competent authority).
Apply disciplinary action of dismissal to officials
Officials who violate the provisions of the Law on Organization of the National Assembly , the Law on Organization of Local Government, the Law on Election of National Assembly Deputies and People's Council Deputies and other relevant provisions of law shall be dismissed. The authority, order and procedures for dismissal shall be implemented in accordance with the provisions of law.
LAM NGUYEN
Source: https://www.sggp.org.vn/bo-ky-luat-giang-chuc-va-ha-bac-luong-voi-cong-chuc-post802149.html
Comment (0)