The Law on Civil Servants (amended) takes effect from July 1, 2026. The law stipulates in detail the handling of violations during the working period of civil servants who have quit or retired.
Accordingly, all violations during the working period of civil servants who have quit or retired will be handled according to the provisions of law.
Based on the nature and severity, the violator may be subject to criminal, administrative or disciplinary action;
When a civil servant after leaving work or retiring discovers a violation during his/her working period, depending on the nature and severity of the violation, he/she must undergo one of the forms of discipline of reprimand, warning, and removal of the position he/she has held in conjunction with the legal consequences corresponding to the form of discipline.
Officials who violate the provisions of this law and other relevant legal provisions, depending on the nature and severity of the violation, must undergo one of the following forms of discipline: Reprimand; warning; dismissal, application to management officials; forced resignation.
Officials disciplined by one of the above-mentioned forms are also restricted from performing professional activities according to the provisions of relevant laws.
Officials sentenced to imprisonment by the Court without a suspended sentence or sentenced for corruption crimes will of course be forced to quit their jobs from the date the verdict or decision takes effect; management officials who commit crimes are sentenced by the Court and the verdict or decision has come into legal effect will of course stop holding their appointed positions.
Article 36 of the law also stipulates that the statute of limitations for disciplinary action is a period of time, and when that period expires, the civil servant who commits the violation will not be disciplined. The statute of limitations for disciplinary action is calculated from the time of the violation.
The statute of limitations for disciplinary action is stipulated as follows:
a) 5 years for violations that require disciplinary action in the form of a reprimand;
b) 10 years for violations not falling under the provisions of Point a of this Clause.
For the following violations, the statute of limitations for disciplinary action will not apply: Officials who are party members who have violated to the extent of being disciplined by being expelled; have violated regulations on internal political protection work; have violated national interests in the fields of national defense, security, and foreign affairs; use fake or unlicensed diplomas, certificates, certificates, and confirmations.
The disciplinary period for civil servants is the period of time from the time the violation of the civil servant is discovered 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.
In case an official has been prosecuted, prosecuted or has a decision to be tried according to criminal proceedings but then a decision to suspend the investigation or suspend the case has signs of violating discipline, he/she will be considered for disciplinary action.
The time for investigation, prosecution, and trial according to criminal proceedings is not counted in the statute of limitations for disciplinary action.
