Many new points in military disciplinary regulations

With Circular 143/2023/TT-BQP of the Ministry of National Defense stipulating the statute of limitations and time limit for disciplinary action in

Illustration: Hanh An.

Regarding the case of exemption from disciplinary responsibility, the competent authority confirms the state of loss of civil act capacity when violating the law of the State, military discipline, violating the law of the State, military discipline in cases of legitimate defense, urgent situations, due to force majeure; Violation due to compliance with orders of superior commanders or assignment of tasks by competent persons according to the provisions of law and the Ministry of National Defense. Regarding the statute of limitations for disciplinary action, reprimand is 5 years; warning, salary reduction, demotion, dismissal, demotion in military rank is 10 years from the time of the violation. If during the statute of limitations for disciplinary action, the violator commits a new violation, the statute of limitations for disciplinary action for the old violation is recalculated from the time of the new violation. ">

Cultural and artistic activities during training hours of officers and soldiers of Battalion 303, Regiment 584, Dak Lak Provincial Military Command. Photo: THUAN AN

For violations with a determined termination date, the time of the violation is calculated from the time of termination; For violations that have not yet ended, the time of the violation is calculated from the time of discovery; For violations with no determined termination date, the time of the violation is calculated from the time of the conclusion by the competent authority. The statute of limitations does not apply to: Violations that result in disciplinary action of stripping of officer rank, military title, or forced resignation; violations of regulations on internal political protection work, violations that harm national interests in the fields of defense, security, and foreign affairs; violations of the use of fake or illegal diplomas, certificates, certifications, and confirmations; military personnel, people working in key organizations, civil servants, workers, and defense officials who are party members who commit violations that result in disciplinary action in the form of expulsion. The disciplinary period shall not exceed 90 days. In case the case has complicated details that require time for inspection, examination, and verification to clarify, the disciplinary handling period may be extended but not exceeding 150 days, not counting the statute of limitations and disciplinary handling period for: the time not yet considered for disciplinary handling in the cases specified in Clause 2, Article 6 of this Circular; The time for investigation, prosecution, and trial according to criminal procedures, if any. When there is a final conclusion from a competent law enforcement agency or a court judgment that has legal effect, disciplinary handling shall be considered according to regulations; The time for making a complaint or initiating an administrative lawsuit in court regarding the disciplinary handling decision until a replacement disciplinary handling decision is issued according to the decision of the competent authority. The person with the authority to handle disciplinary handling shall be responsible for handling the violator's disciplinary handling within the prescribed time limit. If the disciplinary action period expires but the disciplinary action decision has not been issued, the person shall be responsible for the delay in issuance and must issue a disciplinary action decision if the violation is still within the statute of limitations.

Dan Hung