The Government issued Decree No. 172/2025/ND-CP regulating disciplinary action against cadres and civil servants. This Decree adds specific regulations on violations that are considered for mitigation or increased disciplinary action.
Accordingly, in case of violation with one or more of the following circumstances, the disciplinary level will be reduced:
First, proactively report violations, voluntarily accept personal responsibility for shortcomings and violations and self-accept disciplinary measures commensurate with the content, nature and severity of violations before and during inspection and supervision.
Second, proactively provide information, records, documents, and fully and honestly reflect on those who have violated.
Third, proactively stop violations, actively participate in preventing violations; voluntarily hand over corrupt assets, compensate for damages, and remedy the consequences caused by oneself.
In case the violation has one or more of the following circumstances, the disciplinary action will be increased:
The agency, organization, or unit has requested a review but has not implemented it, has not corrected shortcomings and violations. Not voluntarily accepting defects, violations, or forms of discipline commensurate with the content, nature, and severity of the violation; causing material damage that must be compensated but not compensated, not remediing the consequences or remediing in violation of the requirements of competent authorities, not voluntarily returning money and assets arising from the violation;
deal with, winding, obstructing the process of inspection, supervision, auditing, investigation, prosecution, trial, and execution of judgments. cover up violators; threaten, harass, take revenge on those who fight, denounce, witness, provide documents and evidence for violations;
Violations are organized, masterminded; provide false information and reporting; prevent others from providing evidence of violations; conceal, correct, destroy evidence, create fake documents, records, and evidence;
Taking advantage of positions and powers, taking advantage of emergencies, natural disasters, fires, and epidemics to implement social security and national defense and security policies for profit. Forcing, mobilizing, organizing, or assisting others in violation.
According to the new regulation, the statute of limitations for disciplinary action is the period of time when that period expires, cadres, civil servants, 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 until the time the competent authority issues a written notice on consideration for disciplinary action.
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.
The disciplinary period for cadres and civil servants is the period of time from the detection of violations by cadres and civil servants until a decision on disciplinary action is taken by the competent authority.
The disciplinary 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 period can be extended but not more than 150 days.
