Ms. Phung Thi Hoa (name of the character changed) said that she is working at a Department directly under the Ministry. In August 2023, her agency had a number of civil servants and public employees prosecuted and temporarily detained to serve the investigation. The agency has temporarily suspended their work according to regulations. At the same time, party members are disciplined by expulsion from the Party.
By March 2026, the agency received the first-instance criminal judgment dated February 6, 2026 from the Court. However, the judgment has not taken legal effect due to appeal.
Ms. Hoa said that the agency is considering administrative discipline for the above cases and requested guidance on the basis for disciplinary dismissal when the judgment has not yet taken effect.
For civil servants and public employees who are party members who have been expelled from the Party and sentenced by the Court, she proposed to clarify whether they can be dismissed immediately or have to wait for the judgment to take effect. At the same time, it is necessary to determine the time when the dismissal decision takes effect.
For civil servants who are not party members, Ms. Hoa also proposed guidance on the basis and effective date of the disciplinary decision to dismiss them in case the judgment has not yet taken effect.
Regarding her reflections and recommendations, the Ministry of Home Affairs has responded on the Electronic Information Portal.
The handling of administrative discipline for civil servants who are Party members who have been disciplined on the Party by expelling from the Party is specified in Clause 6, Article 2, Clause 3, Article 3 of Decree No. 172/2025/ND-CP dated June 30, 2025 of the Government and Clause 10, Article 2 of Regulation No. 69-QD/TW dated July 6, 2022 of the Politburo stipulating discipline for Party organizations and violating Party members.
For public employees who are party members who have been disciplined by expulsion from the Party, administrative discipline is regulated in Clause 6, Article 2, Clause 3, Article 3 of Decree No. 234/2026/ND-CP dated June 26, 2026 of the Government regulating the handling of public employee discipline and Clause 10, Article 2 of Regulation No. 69-QD/TW.
The validity of the decision on administrative discipline for civil servants is specified in Clause 9, Article 2 of Decree No. 172/2025/ND-CP; for public employees, it is specified in Clause 9, Article 2 of Decree No. 234/2026/ND-CP.
The handling of administrative discipline for civil servants who are not party members who are being prosecuted, temporarily detained, or temporarily imprisoned pending the conclusion of competent authorities investigating, prosecuting, and trying violations of the law is specified in Clause 3, Article 3 of Decree No. 172/2025/ND-CP.
The disciplinary action against civil servants who are not party members in the form of "compulsory dismissal" and the effectiveness of the decision are specified in Clause 2, Clause 3, Article 21 of Decree No. 172/2025/ND-CP.
In case guidance and clarification are needed, the Ministry of Home Affairs requests to contact the agency specified in Article 68 of Decree No. 170/2025/ND-CP for settlement according to its authority.
