Reporting to the Ministry of Home Affairs, a reader said that Mr. Nguyen Van A participated in the civil service exam of the Department of Education and Training of a district before merging and being admitted to the civil service in the 2024 - 2025 school year.
After having the admission results, he was assigned to work at a secondary school in the area and signed a probationary contract for 1 year, from September 1, 2024 to August 31, 2025.
When the school completed the dossier to recognize Mr. Nguyen Van A's internship results to send to the Commune People's Committee according to the management decentralization, it was discovered that he had committed fraud in the process of registering for admission.
Mr. Nguyen Van A is undergoing disciplinary action at the old unit from June 2024 to October 2024 and was disciplined and forced to quit his job in October 2024 for using an invalid degree to take an entrance exam to the old unit.
During the disciplinary review period, Mr. Nguyen Van A still submitted his application for civil servant recruitment at the new unit but was dishonest in declaring information on the application form. At the same time, during his work at the school, he did not declare that he was a party member. Only when he was discovered did he carry out the procedures to transfer party activities, and during this transfer, the school discovered disciplinary decisions related to him in his personal records.
From the above incident, readers requested the Ministry of Home Affairs to consider and guide the handling of Mr. Nguyen Van A's case.
Regarding the reader's petition, the Ministry of Home Affairs responded on the Electronic Information Portal.
Disciplinary action against civil servants is proposed to be implemented in accordance with the provisions of Decree No. 112/2020 dated September 18, 2020 of the Government on disciplinary action against cadres, civil servants and public employees and Decree No. 71/2023 dated September 20, 2023 of the Government amending and supplementing a number of articles of Decree No. 112/2020 dated September 18, 2020 on disciplinary action against cadres, civil servants and public employees.
Article 5 of Decree 71/2023 stipulates the statute of limitations for disciplinary action.
The statute of limitations for disciplinary action is the period of time when that period expires, cadres, civil servants, public employees, and retired people who commit violations will not be disciplined. The statute of limitations for disciplinary action is calculated from the time of the violation. In case of a new violation within the prescribed time limit to calculate the disciplinary action period, the disciplinary action period for the old violation will be recalculated from the time the new violation occurred.
Meanwhile, Article 31 of Decree 71/2023 clearly states the authority to discipline civil servants.
For civil servants who do not hold management positions, the head of the public service unit managing civil servants shall take disciplinary action and decide on disciplinary measures, except for the cases specified in Clause 6, Article 35 of this Decree.
In case of handling by forceful termination of employment, the head of the public service unit shall report to the competent authority for recruitment before making a decision, except in cases where the public service unit has the authority to recruit or is decentralized the authority to recruit.
