Ms. Hoang Thi Khue (name of the character changed) said that she had a proposal to clarify the application of regulations to the appointment of management positions in specific cases.
Accordingly, Ms. A was appointed to the position of Principal of Kindergarten X (a public non-business unit directly under the District People's Committee) from January 2024. In October 2024, Ms. A was disciplined by the Party and the government with the form of reprimand.
Implementing the policy of organizing two-level local government, on June 29, 2025, the Chairman of the Provincial People's Committee issued a decision to transfer the original state of kindergartens from the District People's Committee to the Commune People's Committee for management.
At the time of implementing this status transfer, Ms. A was still within the time limit for complying with the disciplinary decision of reprimand, less than 1 year from the date the disciplinary decision took effect.
Ms. Khue cited Regulation No. 296-QD/TW dated May 30, 2025 of the Central Executive Committee on inspection, supervision and disciplinary action of the Party, which clearly states: Party members who are disciplined with a reprimand within 1 year from the date the disciplinary decision takes effect are not allowed to be planned, appointed, or reappointed to equivalent and higher positions.
From there, she requested the Ministry of Home Affairs to give guidance: In the above case, when implementing the transfer of kindergartens back to the commune People's Committee for management, is Ms. A eligible to be appointed or recognized as Principal; at the same time, is the continued arrangement of Ms. A to hold the position of Principal (if any) in accordance with current regulations on Party discipline and administrative discipline or not.
Regarding Ms. Khue's feedback and recommendations, the Ministry of Home Affairs has responded on the Electronic Information Portal.
Accordingly, Article 32 of Regulation No. 37-QD/TW dated October 8, 2025 of the Politburo on decentralizing cadre management and planning, appointing, introducing candidates, temporarily suspending work, dismissing from positions, and dismissing cadres stipulates: Not considering, appointing, introducing candidates to hold higher positions but being considered for reappointment, introducing re-election for cases where cadres are disciplined in the form of reprimand or warning, now the disciplinary period has expired but not enough time as prescribed in Clause 1 of this Article, if cadres meet the standards and conditions as prescribed.
Not appointing or introducing candidates to hold higher positions, but it is possible to consider and carefully consider each case for reappointment and re-election introduction for: Officials currently undergoing disciplinary action in the form of reprimand (except for cases of violations of political views; violations of the principles of organization and operation of the Party; running for positions and power in personnel work; abusing positions and powers for personal gain; violating regulations on exemplary responsibility, causing adverse effects on the prestige of the Party organization and causing public outrage).
Clause 24, Article 1 of Decree No. 85/2025/ND-CP stipulates: Civil servants who are disciplined during their tenure are not appointed or introduced to higher positions within the time limit prescribed by the Party and law.
The Ministry of Home Affairs requests Ms. Khue to study the above regulations for implementation.
