Decree No. 172/2025/ND-CP of the Government effective from July 1, 2025 stipulates 3 cases that have not been considered for disciplinary action (instead of 4 cases as stipulated in Decree No. 112/2020/ND-CP):
1. Officials and civil servants who are being treated for serious illnesses or are unconscious; are seriously ill and are being treated as inpatients at a hospital with confirmation from a competent health agency.
2. Female cadres and civil servants who are pregnant, on maternity leave, raising children under 12 months old or male cadres and civil servants (in cases where the wife dies or the wife cannot raise children due to force majeure events or objective obstacles according to the provisions of the Civil Code and the law on emergency) raising children under 12 months old, except in cases where the violator has a written request for consideration of disciplinary action.
3. Officials and civil servants who are being prosecuted, detained, or temporarily detained shall wait for the conclusion of the competent authority to investigate, prosecute, or try for the act of violating the law; except in cases where the decision of the competent authority is not yet available.
Previously, Decree No. 112/2020/ND-CP stipulating the case of "clerks, civil servants, and public employees who are on annual leave, leave under the regime, and personal leave permitted by competent authorities" was also a case of not being considered for disciplinary action.
Decree No. 172/2025/ND-CP stipulates cases of disciplinary exclusion that are implemented in accordance with the provisions of the Penal Code and other relevant legal provisions.
In case the violation has one or more of the following circumstances, disciplinary action shall be waived:
Receive confirmation from the competent authority about the situation of civil act capacity loss when committing violations.
The decision of the superior level must be complied with as prescribed in Clause 5, Article 7 of the Law on Cadres and Civil Servants in 2025.
To be confirmed by competent authorities in an urgent situation, due to force majeure events or objective obstacles as prescribed by the Civil Code and the law on emergency situations when performing official duties.
Having complied with the regulations on authority, order, and procedures, not taking advantage during the performance of tasks but causing damage for objective reasons;
Implementing the proposal on innovation and creativity permitted by competent authorities and determined by competent authorities to have implemented the policy correctly, with clear motives, for the common good but with damage.
Committing a violation to the extent of being disciplined but having passed away.
Thus, compared to Decree No. 71/2023/ND-CP and Decree No. 112/2020/ND-CP, Decree No. 172/2025/ND-CP has added cases d and d to institutionalize Resolution No. 138/NQ-CP dated May 16, 2025 of the Government and the Law on Cadres and Civil Servants in 2025 on the mechanism to encourage daring to think and daring to do.
