Are civil servants who are being held in temporary detention entitled to receive their salaries?

(Le Trang, Nghi Phu commune, Vinh City)

Reply:

According to Clause 2, Article 81 of the Law on Civil Servants: "During the period of temporary suspension from work or temporary detention or custody for the purpose of investigation, prosecution, or trial, civil servants shall receive their salary as prescribed by the Government."

According to Clause 1, Article 42 of Decree 112/2020/ND-CP on the regime and policies for cases currently under temporary detention but not yet subjected to disciplinary action, the following is stipulated:

During the period of temporary detention, pending disciplinary action, officials, civil servants, and public employees are still entitled to 50% of their salary. (Illustration: Internet)

During the periodtemporary detention, temporary custodyor, if released on bail but subject to a travel ban preventing them from continuing to work to assist with the investigation, prosecution, or trial, or if temporarily suspended from work and not yet subject to disciplinary action, they are entitled to 50% of their current salary, plus leadership allowance, seniority allowance exceeding the standard rate, professional seniority allowance, and retained salary differential coefficient (if any).

Caseofficials, civil servants, and public employeesThose holding leadership or management positions who are temporarily suspended from their duties are not entitled to leadership or management allowances.

Therefore, during the period of temporary detention before disciplinary action is considered, the employee will still receive 50% of their current salary, plus leadership allowance, seniority allowance exceeding the standard rate, professional seniority allowance, and retained salary differential coefficient (if any).