Ms. Nguyen Thi Lan (character's name has been changed) is a teacher, not a party member. In June 2023, Mrs. Lan gave birth to her third child. Because her child is under 12 months old, in the emulation assessment for the 2023 - 2024 school year, the school postponed disciplinary action.
The school believes that the disciplinary period can last up to 2 years, so it decided to wait until the emulation round at the end of the 2024 - 2025 school year to consider disciplining her for having a third child.
However, during the disciplinary review period, the Central Inspection Committee issued Instruction No. 15/HD-UBKTTW (March 20, 2025), stipulating that cases that have not been disciplined will not continue to be reviewed (no records will be taken for cases that have been previously handled).
"However, the school still disciplines me for having a third child and will issue a decision on April 24, 2025. Not only me, the district also directs disciplinary action against cases of having a third child before March 20, 2025, only exempting disciplinary action for cases born after that time. So please let me know, is such disciplinary action in accordance with regulations?" - Ms. Lan wondered.
Regarding Ms. Lan's reflection and recommendation, the Ministry of Home Affairs responded on the Electronic Information Portal.
The Ministry of Home Affairs said that Clause 4, Article 2 of Decree No. 112/2020/ND-CP dated September 18, 2020 on disciplinary action against cadres, civil servants and public employees (amended in Decree No. 71/2023/ND-CP dated September 20, 2023) stipulates the principles of disciplinary action.
Accordingly, when considering disciplinary action, it is necessary to base on the content, motive, nature, level, consequences, causes of violations, specific circumstances; aggravating and mitigating circumstances; attitude of acceptance and correction; overcoming shortcomings, violations, consequences; other cases according to the regulations of the Party and the law are considered as a basis for considering exemption from discipline or reduction of responsibility.
Pursuant to the provisions of Articles 65 and 66 of Decree No. 115/2020/ND-CP (amended and supplemented in Decree No. 85/2023/ND-CP), the Ministry of Home Affairs recommends that you contact and discuss with the civil servant management agency where you work for guidance.
