New regulations on disciplinary action against civil servants who violate regulations

On May 17, 2011, the Government signed and issued Decree No. 34/2001-ND-CP regulating disciplinary action against civil servants. The Decree includes 26 articles with several important new points compared to the previous Decree No. 35/2005/ND-CP. We would like to introduce it for your reference.

First of all, in the section on general provisions, in addition to the scope of application mentioned first, the new Decree puts the principle of disciplinary action first; the section on acts subject to disciplinary action adds violations of the provisions of the law on anti-corruption, practicing thrift, combating waste; gender equality; anti-prostitution...; does not include the provisions on handling complaints and lawsuits of civil servants when they disagree with the settlement decision of their superiors in this section.

+ Statute of limitations, time limit for disciplinary action: Previously, the statute of limitations for disciplinary action was only 3 months or extended to 6 months if the case had complicated circumstances, but now according to the new Decree it is increased to 24 months (Article 6); supplemented, clearly stipulating the maximum disciplinary action period is 2 months (previously not available)....

+ Application of disciplinary measures: if previously only 6 general measures were applied to cadres and civil servants, the new Decree also states 2 types of measures applied: for civil servants not holding leadership or management positions, the disciplinary measures are reprimand, warning, salary reduction, forced resignation and for civil servants holding leadership or management positions, the disciplinary measures are reprimand, warning, salary reduction, demotion, dismissal, forced resignation.

+ Related regulations when considering disciplinary action: if previously the regulation on temporary suspension from work for civil servants from 15 days to 3 months (during this period civil servants are entitled to 50% of salary and allowances, if any) was mixed in the section on disciplinary action and statute of limitations, it is now included in the section on related regulations; The new Decree also abolishes the section on disciplinary action authority in State administrative agencies and State public service units.

+ Regulations on the termination of the validity of disciplinary decisions: if previously, the Government stipulated that after 12 months from the date of the disciplinary decision, now the Government only stipulates that after 12 months from the date of the disciplinary decision of forced resignation, civil servants who are disciplined and forced to resign are entitled to register for recruitment into State agencies, units and organizations; if civil servants are disciplined and forced to resign due to corruption, embezzlement or violation of public ethics, they are not allowed to register for recruitment into agencies or positions related to the duties and public services they held during the time of the violation of the law.

This Decree replaces Decree No. 35/2005/ND-CP; Decree No. 103/2007; Decree No. 107/2006/ND-CP and takes effect from July 5, 2011.

Nguyen Hai