The Ministry of Home Affairs is seeking opinions on the draft Decree regulating disciplinary action against civil servants. The above draft decree will replace the regulations in Decree 112/2020, Decree 71/2023.
Notably, the draft decree supplements specific regulations on cases of exclusion, exemption, and reduction of disciplinary responsibilities to ensure consistency according to the Law on Civil Servants in 2025 and institutionalize the regulations of the Party Central Committee and the Government's resolutions.
Accordingly, the draft stipulates cases of exclusion from discipline, with one or more details exempted from discipline, including:
Being certified by a competent authority for the state of civil act incapacity when there is a violation.
Being certified by competent authorities for violations in an emergency situation, due to force majeure events or objective obstacles according to the provisions of the Civil Code and the law on state of emergency in the performance of official duties.
It has been implemented in accordance with regulations on authority, order, and procedures, without self-interest in the process of performing tasks, but caused damage for objective reasons.
Implementing proposals on innovation and creativity that are permitted by competent authorities and determined by competent authorities to have implemented the policy correctly, with clear motives, for the common good but causing damage.
Having committed violations to the point of being disciplined but has passed away.
Other cases according to the provisions of the Penal Code and the provisions of competent authorities.
