Regulations on disciplinary action against civil servants and civil servants' responsibility for compensation and reimbursement

(Baonghean) - On April 6, 2012, the Government issued Decree No. 27/2012/ND-CP regulating disciplinary action against civil servants and civil servants' responsibility for compensation and reimbursement.

This Decree applies to civil servants working in public service units specified in Clause 1 and Clause 2, Article 9 of the Law on Civil Servants and does not apply to those holding leadership and management positions in public service units specified as civil servants; and those working under contract regime specified in Decree 68/2000/ND-CP.

According to this Decree, civil servants shall be subject to disciplinary action when they commit violations of the law in the following cases: Violating the performance of civil servant obligations and prohibited acts as prescribed in the Law on Civil Servants; violating other obligations committed in the employment contract signed with the public service unit; violating the law and being convicted by the Court with a legally effective verdict; violating the provisions of the law on anti-corruption, practicing thrift, combating waste, gender equality, combating social evils and other provisions of the law related to civil servants that are prohibited but not to the extent of being prosecuted for criminal liability.

The statute of limitations for disciplinary action is 24 months, from the time the civil servant commits a violation of the law until the time the head of the competent public service unit issues a written notice of consideration for disciplinary action.

Civil servants who do not hold managerial positions and commit violations of the law shall, depending on the severity of the violation, be subject to one of the following disciplinary measures: Reprimand; warning; forced dismissal. Civil servants who hold managerial positions and commit violations of the law shall, depending on the severity of the violation, be subject to one of the following disciplinary measures: Reprimand; warning; dismissal; forced dismissal. Civil servants who are disciplined have the right to appeal against the disciplinary decision in accordance with the provisions of the law on complaints.

Also according to this Decree, civil servants who lose or damage equipment or otherwise harm the property of public service units must pay compensation according to regulations.

The Decree also specifically stipulates the time limit for disciplinary action, application of disciplinary measures, authority, order, procedures for disciplinary action, and compensation responsibilities of civil servants and takes effect from May 25, 2012.

NT (Synthesis)