The Ministry of Home Affairs is seeking opinions on the draft Decree on Regulations on disciplinary action against cadres, civil servants and public employees.
This Decree will replace current decrees regulating disciplinary action against cadres, civil servants and public employees.
According to the draft submission, the Ministry of Home Affairs proposed to amend the disciplinary review deadline to agree with the draft Law on Civil Servants in 2025.
Accordingly, the disciplinary period for cadres, civil servants and public employees is the period of time from the detection of violations by cadres, civil servants and public employees until a decision on disciplinary action is taken by the competent authority.
Compared to current regulations, the Ministry of Home Affairs proposes to remove the phrase "from the time the competent authority concluded that cadres, civil servants, and public employees have committed violations" to agree with Clause 3, Article 40 of the draft Law on Civil Servants in 2025.
The disciplinary processing period is not more than 90 days; in case the case has complicated details that require time for inspection and examination to verify and clarify, the disciplinary processing period can be extended but not more than 150 days.
The competent authority for disciplinary action must ensure disciplinary action within the prescribed time limit. If the disciplinary period expires but the decision on disciplinary action has not been issued, the person responsible for the issuance will be responsible and a decision on disciplinary action must be issued if the violation is still in place.
Also in the draft Decree, the Ministry proposed not to include in the current period and disciplinary period for:
Time for not considering disciplinary action for cases specified in Article 3 of this Decree; Time for investigation, prosecution, and trial according to criminal proceedings (if any);
Time for filing a complaint or initiating an administrative lawsuit at the Court on the decision on disciplinary action until a decision on replacement disciplinary action is issued.
