Nghị định 172/2025/NĐ-CP quy định về xử lý kỷ luật cán bộ, công chức

DECREE

ON DISCIPLINARY ACTION AGAINST CADRES AND CIVIL SERVANTS

Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Officials dated June 24, 2025;

At the request of the Minister of Home Affairs;

The Government hereby promulgates this Decree on disciplinary action against cadres and civil servants.

Chapter I

GENERAL PROVISIONS

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1. This Decree provides for the principles of disciplinary action; the application of disciplinary measures; competence, procedures for disciplinary action against cadres and civil servants.

2. This Decree applies to:

a) Cadres and civil servants as prescribed in Article 1 of the Law on Cadres and Civil servants 2025;

b) Retired or resigned cadres or civil servants.

Article 2. Principles of disciplinary action

1. Ensure objectivity, fairness; openness, strictness; accuracy, timeliness; compliance with the competent authorities and procedures.

2. Each violation shall be subject to disciplinary action only once in the form of a single disciplinary measure. In case a cadre or civil servant commits two or more violations at the same time, each violation shall be considered and concluded separately, and one overall disciplinary measure corresponding to the most serious violation shall be imposed.

3. If, during the enforcement of a disciplinary decision, a cadre or civil servant continues to commit violations, the following measures shall apply:

a) If the new violation is subject to a disciplinary measure lighter than or equal to the current one being enforced, a disciplinary measure one level higher than the current one shall be imposed;

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4. When considering imposing disciplinary action, the nature, motive, seriousness, consequences, causes of the violation, specific circumstances, aggravating and mitigating factors, the attitude toward correction, and remedy of the violation and its consequences must be taken into account.

5. Administrative penalties shall not be used in place of disciplinary measures; disciplinary action does not replace criminal prosecution if the violation is serious enough to be subject to criminal liability.

6. Where cadres and civil servants are subject to disciplinary action by the Communist Party, within 30 days from the date the Party’s disciplinary decision is announced, the relevant agency, organization, or unit must carry out the process of administrative disciplinary action (if applicable), except where disciplinary action is not yet considered under Article 3 of this Decree.

The administrative disciplinary measure must correspond to the Party’s disciplinary action. If the cadre is subject to the highest level of Party discipline relating to public duties, the personnel advisory agency shall report to the competent authority for consideration and imposition of the highest administrative disciplinary measure.

If the Party’s disciplinary measure is changed, the corresponding administrative disciplinary measure must also be changed. The time served under the previous disciplinary decision shall be deducted from the enforcement period of the new decision (if applicable). If the competent Party authority decides to annul the Party’s disciplinary decision, the administrative disciplinary authority must issue a decision to annul the corresponding administrative disciplinary decision.

7. All acts of physical abuse, mental harm, or violations of dignity and honor during the disciplinary process are strictly prohibited.

8. Cadres and civil servants who commit a first-time violation and are already subject to disciplinary action but continue to repeat the same violation within 12 months from the effective date of the disciplinary decision shall be considered as repeat offenders.

9. A disciplinary decision against a cadre or civil servant is valid for 12 months from its effective date.

In case a Party disciplinary decision is already issued, the effective period of the administrative disciplinary decision shall be counted from the effective date of the Party’s disciplinary decision. During this period, if there are no further violations serious enough to warrant disciplinary action, the disciplinary decision shall automatically cease to be effective without the need for a separate document confirming its termination.

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All documents related to the disciplinary process and the disciplinary decision must be stored in the personnel file of the cadre or civil servant. The form of disciplinary action must be recorded in the profile of the cadre or civil servant.

10. If a cadre or civil servant commits a violation while working at a former agency, organization, or unit, and the violation is only discovered after they have transferred to a new agency, organization, or unit - and the violation is still within the statute of limitations for disciplinary action - then the new agency, organization, or unit shall carry out the disciplinary review and impose a disciplinary measure in accordance with the law, based on the position currently held by the cadre or civil servant. In such cases, the former agency, organization, or unit shall be responsible for coordinating and providing all relevant records and documents related to the violation during the disciplinary review process.

11. It is prohibited to appoint the following persons as members of the disciplinary council or as the chairperson of the self-review meeting during the disciplinary process: spouse; biological parents; parents-in-law; adoptive parents; biological or adopted children; siblings; paternal or maternal aunts and uncles; siblings-in-law; spouses of siblings; or any person who has rights or obligations related to the violation under disciplinary review.

Article 3. Cases where disciplinary action is not yet considered

1. Cadres or civil servants who are undergoing treatment for a serious illness or have lost cognitive capacity; those who are seriously ill and hospitalized with confirmation from a competent medical authority.

2. Female cadres or civil servants who are pregnant, on maternity leave, or nursing a child under 12 months old; or male cadres or civil servants (in case the wife has died or is unable to care for the child due to force majeure or other objective obstacles as prescribed in the Civil Code and emergency laws) who are nursing a child under 12 months old, unless the violator submits a written request for disciplinary consideration.

3. Cadres or civil servants who are being prosecuted, detained, or held in custody pending the conclusion of competent authorities regarding the alleged violation, except where otherwise decided by a competent authority.

Article 4. Cases of exclusion from disciplinary action; exemption from or aggravation/mitigation of disciplinary action

1. Cases of exclusion from disciplinary action shall be implemented in accordance with the Criminal Code and other relevant legal provisions.

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a) The individual is confirmed by a competent authority to lack legal capacity at the time of the violation;

b) The individual acted under mandatory instructions from a superior authority as specified in Clause 5, Article 7 of the Law on Cadres and Civil servants 2025;

c) The violation occurred under emergency circumstances, force majeure, or other objective obstacles as confirmed by a competent authority in accordance with the Civil Code and laws on emergency situations;

d) The individual followed the correct procedures regarding authority, process, and impartiality in performing their duties, but damage occurred due to objective reasons;

dd) The violation resulted from an innovation or initiative approved by a competent authority and confirmed to have been carried out in line with the approved plan, with honest motives and for public interest, though it led to certain damages;

e) The violator passed away before disciplinary action could be taken.

3. A violation may be subject to a mitigated disciplinary measure in one or more of the following circumstances:

a) The individual voluntarily reports the violation, accepts personal responsibility, and proposes an appropriate form of disciplinary action before or during the inspection or supervision process;

b) The individual actively provides truthful information, documents, and testimony about other violators;

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4. A violation may be subject to an aggravated disciplinary measure in one or more of the following circumstances:

a) The individual failed to comply with a request for self-criticism, did not correct their shortcomings, failed to voluntarily acknowledge shortcomings, violations, and the disciplinary measure corresponding to the nature, severity, and extent of the violation; causing material damage subject to compensation but failing to make compensation, failing to remedy the consequences or remedying them improperly as required by the competent authority; failed to voluntarily return money or assets obtained from the violation;

b) The individual obstructed, evaded, or interfered with inspection, supervision, auditing, investigation, prosecution, adjudication, or enforcement procedures; Concealing violations committed by others; threatening, suppressing, or retaliating against whistleblowers, complainants, witnesses, or individuals who provide documents or evidence of the violation.

c) The violation was organized or the individual played a leading role; submitted false reports or prevented others from providing evidence; concealed, altered, or destroyed evidence, or fabricated documents or evidence;

d) The individual abused their position or authority, took advantage of emergencies, natural disasters, fires, epidemics, or social security and national defense policies to gain illicit benefit; coerced, instigated, organized, or abetted others to commit violations.

Article 5. Statute of limitations and time limits for disciplinary action

1. The statute of limitations for disciplinary action is the period after which a cadre, civil servant, or retired or resigned cadre/civil servant who committed a violation is no longer subject to disciplinary action. The statute of limitations is calculated from the date of the violation to the date a written notice on disciplinary consideration is issued by a competent authority. If a new violation occurs within the time limit used to calculate the statute of limitations for a prior violation, the statute of limitations for the prior violation shall be recalculated from the date of the new violation.

2. Determining the date of the violation:

a) For violations with a definite end date, the violation date shall be the date the act ended;

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3. Except for the cases specified in Clause 4 of this Article, the statute of limitations for disciplinary action is prescribed as follows:

a) 5 years (60 months) for violations subject to reprimand;

b) 10 years (120 months) for other violations not specified at Point a of this Clause.

4. The following violations are not subject to any statute of limitations for disciplinary action:

a) Cadres or civil servants who are Communist Party members and commit violations subject to expulsion from the Party;

b) Violations of regulations on internal political protection;

c) Acts that infringe upon national or ethnic interests in the fields of national defense, security, or foreign affairs;

d) Use of fake or illegal degrees, certificates, confirmations, or recognitions.

5. The time limit for disciplinary action against cadres and civil servants is the period from the date the violation is discovered until the issuance of the disciplinary decision by a competent authority.

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The competent authority must ensure that disciplinary action is taken within the prescribed time limit. If the time limit expires without a disciplinary decision being issued, the competent authority shall be held accountable under the regulations of the Communist Party and relevant laws, and must still issue a disciplinary decision if the violation remains within the statute of limitations.

6. The following periods shall not be counted toward the statute of limitations or time limit for disciplinary action:

a) The period during which disciplinary action is not yet considered under Article 3 of this Decree;

b) The period of criminal investigation, prosecution, or adjudication (if any);

c) The period during which complaints or lawsuits are being resolved by the Court regarding a disciplinary decision, until a replacement disciplinary decision is issued.

Chapter II

VIOLATIONS AND FORMS OF DISCIPLINARY ACTION AGAINST CADRES AND CIVIL SERVANTS

Article 6. Acts subject to disciplinary action

1. Cadres and civil servants who commit violations of Party regulations relating to civil servant duties; violations of the obligations of cadres and civil servants; acts prohibited to them; violations of public service ethics, workplace etiquette, or conduct toward citizens; or violations of internal rules and regulations of agencies, organizations, or units.

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a) Minor consequences: the violation has low impact, limited to internal scope, and affects the reputation of the agency, organization, or unit;

b) Serious consequences: the violation has greater impact beyond the internal scope, causes negative public opinion among cadres, civil servants, and the public, and diminishes the credibility of the agency, organization, or unit;

c) Very serious consequences: the violation has major impact on society as a whole, causes severe public outrage among cadres, civil servants, and the public, and severely damages the reputation of the agency, organization, or unit.

Article 7. Forms of disciplinary action against cadres and civil servants

1. Applicable to cadres:

a) Reprimand;

b) Warning;

c) Removal from position (applicable to those approved, appointed, or assigned to leadership positions or titles);

d) Dismissal.

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a) Reprimand;

b) Warning;

c) Removal from position (applicable to civil servants holding leadership or managerial roles);

d) Forced resignation.

Article 8. Application of reprimand against cadres and civil servants

The reprimand shall be applied to cadres and civil servants who commit a first-time violation causing minor consequences, except for violations specified in Clause 3, Article 9 of this Decree, in the following cases:

1. Violations of the obligations of cadres and civil servants; acts prohibited to them; violations of public service ethics, workplace etiquette, or conduct toward citizens; or violations of internal rules and regulations of agencies, organizations, or units.

2. Violations of the law on crime prevention and control; prevention of social evils; public order and safety; anti-corruption; and thrift practice and waste combat.

3. Violations of regulations on democratic centralism; communication, statements; internal political protection.

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5. Other violations of the Party's regulations and laws related to cadres and civil servants.

Article 9. Application of the disciplinary measure of warning against cadres and civil servants

The disciplinary measure of warning shall be applied to cadres and civil servants who commit any of the following violations:

1. Repeat a violation after being subject to a reprimand as prescribed in Article 8 of this Decree.

2. Commit a first-time violation that causes serious consequences and falls within the scope of Article 8 of this Decree.

3. Commit a first-time violation causing minor consequences in one of the following cases:

a) Cadres or civil servants holding leadership or managerial positions fail to perform properly or fully their assigned managerial duties;

b) The head of an agency, organization, or unit allows serious legal violations to occur within their scope of responsibility without taking preventive measures.

Article 10. Application of the disciplinary measure of removal from position against cadres and civil servants holding leadership or managerial positions

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1. Repeat a violation after being subject to a warning as prescribed in Article 9 of this Decree.

2. Commit a first-time violation causing very serious consequences, falling under Article 8 or Clause 3, Article 9 of this Decree, but not to the extent of forced resignation or dismissal, and have shown efforts in acknowledging and remedying the consequences, and fall under one of the mitigating circumstances specified in Clause 3, Article 4 of this Decree.

3. Use unlawful documents to be included in planning, election, approval, or appointment to a position.

Article 11. Application of the disciplinary measure of forced resignation against civil servants

The disciplinary measure of warning shall be applied to cadres and civil servants who commit any of the following violations:

1. Repeat a violation after being subject to removal from position (for those holding leadership or managerial positions) or after being warned (for those not holding such positions).

2. Commit a first-time violation causing very serious consequences as prescribed in Article 8 or Clause 3, Article 9 of this Decree, fail to acknowledge or remedy the consequences, and fall under one of the aggravating circumstances specified in Clause 4, Article 4 of this Decree.

3. Use fake or illegal degrees, certificates, confirmations, or recognitions to be recruited into agencies, organizations, or units.

4. Are addicted to drugs, confirmed by a medical facility or competent authority.

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Cadres who commit violations as prescribed in the Law on Organization of the National Assembly, the Law on Organization of Local Government, the Law on Election of Deputies to the National Assembly and the People’s Councils, or other relevant laws shall be dismissed. The competence, procedures, and process of dismissal shall comply with the applicable legal provisions.

Chapter III

COMPETENCE, PROCEDURES, AND PROCESS FOR DISCIPLINARY ACTION

Section 1. Competence, procedures, and process for disciplinary action against cadres

Article 13. Competence to take disciplinary action against cadres

The competence to take disciplinary action against cadres is defined as follows:

1. The authority that approves or endorses the election result has the power to impose disciplinary action, unless otherwise specified in Clause 2 of this Article.

2. For positions in state administrative agencies approved by the National Assembly, the Prime Minister shall issue the disciplinary decision.

3. In cases where the election result has not yet been approved or is pending approval, the authority that organizes the election shall decide on disciplinary action.

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1. Based on the disciplinary decision of the competent authority, the personnel advisory body of that authority shall propose the disciplinary measure, the time of implementation, and the duration of enforcement. If the statute of limitations for disciplinary action has expired, a report shall be submitted to the competent authority stating that the disciplinary action will not be considered.

In cases under the disciplinary authority of the Standing Committee of the National Assembly or the Prime Minister, the managing body or employing agency shall, within 7 days from the date of announcement of the Party disciplinary decision, submit a written proposal for the form, timing, and duration of disciplinary action.

If the disciplinary authority lies with the Prime Minister, the written proposal must also be sent to the Ministry of Home Affairs for review and submission to the Prime Minister for consideration and decision.

If there is no disciplinary decision yet from the competent authority, the procedures and process shall be conducted in accordance with Article 16 of this Decree. The competent authority as defined in Article 13 shall decide on the composition of the review meeting and the disciplinary council.

2. The competent authority shall issue the disciplinary decision.

Section 2. Competence, procedures, and process for disciplinary action against civil servants

Article 15. Competence to impose disciplinary action against civil servants

1. For civil servants holding leadership or managerial positions, the head of the agency with the authority to appoint, or as delegated or authorized, shall handle the disciplinary process and decide on the form of disciplinary action.

2. For civil servants not holding leadership or managerial positions, the head of the agency with the authority to recruit, or as delegated or authorized, shall handle the disciplinary process and decide on the form of disciplinary action, except as provided in Clause 4, Article 19 of this Decree.

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The dossier and disciplinary decision must be sent back to the agency managing the seconded civil servant.

4. For civil servants working at the People’s Court and the People’s Procuracy, the competence to impose disciplinary action shall comply with the regulations of the managing authority.

Article 16. Procedures for disciplinary action against civil servants

1. The process shall include the following steps:

a) Holding a review meeting;

b) Establishing a disciplinary council;

c) Issuing a disciplinary decision by a competent authority.

2. The review meeting in Point a, Clause 1 shall not be held in the following cases:

a) Disciplinary action under Clause 10, Article 2 of this Decree;

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3. Neither the review meeting (Point a) nor the disciplinary council (Point b) in Clause 1 shall be conducted in the following cases:

a) There is already a conclusion from a competent agency or organization specifying the form of disciplinary action;

b) The civil servant has been sentenced by a court to imprisonment without suspension or for corruption-related offenses;

c) A disciplinary decision by the Communist Party has already been issued, unless the competent authority decides to establish a disciplinary council under Clause 6, Article 2 of this Decree.

For the cases specified in Clauses 2 and 3 of this Article, existing conclusions may be used without reinvestigation.

Article 17. Organizing a review meeting for civil servants

1. Responsibility for organizing the meeting:

a) If the civil servant under review does not hold a leadership or managerial position, the head of the employing agency or unit shall preside over the meeting. In case the head and all deputy heads of the agency, organization, or unit employing the civil servant fall under the circumstances specified in Clause 11, Article 2 of this Decree, or are involved in the same disciplinary case, the leadership of the immediate superior agency shall preside over the meeting.

b) In case the person under review is the head or a deputy head of the agency, organization, or unit, the leadership of the immediate superior agency of the agency, organization, or unit where the civil servant works shall be responsible for organizing the review meeting and deciding on the list of participants.

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a) In case the agency, organization, or unit where the civil servant works is a subordinate unit, the participants of the review meeting shall include all civil servants of that subordinate unit, along with representatives of the leadership and the Party committee of the personnel organization department of the agency, organization, or unit employing the civil servant.

b) In case the agency, organization, or unit employing the civil servant does not have a subordinate unit, the participants of the review meeting shall include all civil servants of that agency, organization, or unit.

c) In case the person under review is a seconded civil servant, in addition to the participants specified in Point a and Point b of this Clause, there must also be a representative from the leadership of the agency that seconded the civil servant.

3. The review meeting shall be conducted as follows:

a) The chairperson of the meeting shall announce the purpose of the meeting and either provide or authorize the personnel organization department to provide the following information: a summary of the civil servant’s work history; the violation committed; any prior disciplinary measures (if any); the time of the violation and when it was discovered; aggravating or mitigating circumstances; and the statute of limitations and time limit for disciplinary action in accordance with legal regulations.

b) The person who committed the violation shall present their self-review report, clearly stating the violation and proposing a disciplinary measure.

If the violator is present but fails to submit a self-review report, or is absent but has submitted a written request for the meeting to proceed in their absence, the review meeting shall still be conducted.

If the violator is absent for the second summoned meeting, the review meeting shall still be conducted.

c) The participants shall give their opinions on the matters specified in Point a of this Clause. No voting or balloting shall take place at the meeting.

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The content of the meeting must be documented in minutes.

4. Within 3 working days from the conclusion of the review meeting, the chairperson shall submit a report and the meeting minutes to the competent disciplinary authority. The report must clearly state the following:

a) The nature and consequences of the violation;

b) Aggravating and mitigating circumstances;

c) The responsibility of the violator;

d) The statute of limitations and time limit for disciplinary action in accordance with the law;

dd) Recommendation on disciplinary action, proposed form of discipline (if any), and proposed process for implementation.

Article 18. Disciplinary council for civil servants

1. No later than 5 working days from receiving the report and meeting minute, the competent authority shall issue a decision to establish a disciplinary council to advise on the form of disciplinary action, except in the cases under Clause 3 of this Article.

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a) The council meets with a quorum of 3 members;

b) The form of disciplinary action is proposed via secret ballot;

c) The meeting must be recorded in writing, with members’ opinions and voting results clearly stated;

d) The council automatically dissolves upon completion of its task.

3. A disciplinary council shall not be established in the cases specified in Clause 3, Article 16 of this Decree.

Article 19. Composition of the disciplinary council for civil servants

1. For civil servants not holding leadership or managerial positions, the disciplinary council shall consist of 3 members:

a) The Chairperson of the council is the head or deputy head of the agency with disciplinary authority;

b) One member representing the leadership of the agency, organization, or unit directly employing the civil servant;

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The agency with disciplinary authority shall appoint a representative of the personnel organization department or a representative of the employing unit to record the minutes of the meeting.

2. For civil servants holding leadership or managerial positions, the disciplinary council shall also consist of 3 members:

a) The Chairperson of the council is the head or deputy head of the agency with disciplinary authority or a representative authorized to handle disciplinary matters;

b) One member representing the leadership of the agency, organization, or unit directly employing the civil servant;

c) One member representing the personnel organization department of the agency with disciplinary authority.

The agency with disciplinary authority shall appoint a representative of the personnel organization department or a representative of the employing unit to record the minutes of the meeting.

3. If the head and all deputies of the agency mentioned in Point a, Clause 1 or Point a, Clause 2 fall under the provisions of Clause 11, Article 2 of this Decree or are involved in the same case, the chairperson shall be the head, deputy head, or authorized representative of the direct superior agency.

4. If all leaders of the employing agency, organization, or unit mentioned in Point b, Clause 1 or Point b, Clause 2 fall under the cases specified in Clause 11, Article 2 of this Decree or are involved in the same case, a representative from the immediate superior agency shall be designated.

5. If the person specified in Point c, Clause 1 or Point c, Clause 2 falls under Clause 11, Article 2 or is involved in the same case, the agency with disciplinary authority shall decide on a replacement.

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1. Preparations for the meeting:

a) No later than 5 working days before the meeting date, a written notice must be sent to the civil servant subject to disciplinary review. If the civil servant is absent but submits a request for the meeting to proceed in their absence, the council shall continue.

If the civil servant is absent again after the second summons, the meeting shall still proceed.

b) The council may invite representatives from political or socio-political organizations of the employing agency, as well as relevant agencies, organizations, or individuals. These invitees may express opinions and propose disciplinary measures but may not vote.

c) The civil servant assigned to take minutes shall prepare documents and record the minutes of the meeting.

d) The disciplinary dossier shall include: the self-criticism report, résumé summary of the civil servant, minutes of the review meeting, and other relevant documents.

2. Meeting procedures:

a) The chairperson opens the meeting, states its purpose, and introduces participants;

b) The minute-taker reads the résumé summary and related documents;

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In case the civil servant who committed the violation is absent but has submitted a self-review report, the civil servant assigned to take minutes of the disciplinary council meeting shall read the report on their behalf; if the violator is present but does not submit a self-review report, or is absent and fails to submit one, the disciplinary council shall proceed with the remaining steps of the meeting as prescribed in this Clause.

d) The civil servant assigned to take minutes of the disciplinary council meeting shall read the minutes of the review meeting;

dd) Members of the disciplinary council and other attendees shall discuss and give their opinions;

e) The civil servant who committed the violation may express their opinion; if the violator does not speak or is absent, the disciplinary council shall proceed with the remaining steps of the meeting as prescribed in this Clause;

g) The disciplinary council shall vote on whether or not to impose disciplinary action; if the majority votes in favor of disciplinary action, a second vote shall be conducted to determine the form of discipline. Voting shall be carried out by secret ballot using the tallying method;

h) The Chairperson of the disciplinary council shall announce the result of the secret ballot and approve the meeting minutes;

i) The Chairperson of the disciplinary council and the civil servant assigned to take the minutes shall sign the minutes of the meeting.

3. In case multiple civil servants of the same agency, organization, or unit commit violations, the disciplinary council shall hold a meeting to review and consider disciplinary action for each civil servant individually.

Article 21. Disciplinary decision for civil servants

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a) Within 5 working days from the conclusion of the meeting, the disciplinary council must submit a written recommendation on disciplinary action (enclosed with the meeting minutes and the disciplinary dossier) to the competent disciplinary authority;

b) Within 5 working days from the date of receipt of the disciplinary council’s recommendation (in cases where the council was established), or the minutes of the review meeting of the agency, organization, or unit (in cases where no council was established), or a proposal from the personnel advisory body of the competent disciplinary authority, the competent authority shall issue a disciplinary decision or conclude that the official did not commit a violation;

c) In cases where the violation committed by the official involves complex circumstances, the competent disciplinary authority may decide to extend the time limit for disciplinary action in accordance with Clause 5, Article 5 of this Decree and shall be held accountable for such decision.

2. In cases where the official is convicted by a court to imprisonment without suspension, or is convicted for corruption-related offenses, the competent disciplinary authority shall issue a dismissal decision within 15 working days from the date of receiving the legally effective court judgment or decision.

3. The disciplinary decision must clearly state its effective date.

Section 3. COMPETENCE, PROCEDURES, AND PROCESS FOR DISCIPLINARY ACTION AGAINST RETIRED OR RESIGNED CADRES/CIVIL SERVANTS

Article 22. Competence to impose disciplinary action against retired or resigned cadres/civil servants

Authority to impose disciplinary action against retired or resigned cadres or civil servants is specified as follows:

1. In case of disciplinary action in the form of revocation of title or position, the authority that approved or endorsed the election result or appointment to the highest title or position shall issue the disciplinary decision, except as provided in Clause 3 of this Article. In such case, that authority shall also decide on disciplinary action for other related titles or positions.

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3. For individuals who held positions or titles in state administrative agencies approved by the National Assembly, the Prime Minister shall issue the disciplinary decision.

Article 23. Procedures for disciplinary action against retired or resigned cadres/civil servants

1. Based on the disciplinary decision issued by a competent authority, the personnel advisory agency shall propose the form of disciplinary action, the time of issuance, and the duration of enforcement.

In cases where the disciplinary authority is the Standing Committee of the National Assembly or the Prime Minister, the managing or employing agency shall submit the proposed form, timing, and enforcement duration.

If under the Prime Minister’s disciplinary authority, the proposal shall also be sent to the Ministry of Home Affairs for review and submission to the Prime Minister for decision.

If no disciplinary decision has yet been issued against the retired or resigned cadre/civil servant for violations committed while in office, the competent authority as prescribed in Article 13 of this Decree shall decide on and take responsibility for the disciplinary action.

2. The competent authority shall issue the disciplinary decision.

Chapter IV

OTHER PROVISIONS RELATED TO DISCIPLINARY ACTION

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1. Cadres and civil servants who commit legal violations while under disciplinary action, during the disciplinary time limit, or under criminal investigation, prosecution, or trial, and reach retirement age, shall still be processed for retirement benefits.

2. If the disciplinary council has submitted a written recommendation but no decision has been made, and new circumstances related to the violation or other legal violations are discovered, the disciplinary council shall reconsider and propose an updated disciplinary measure.

3. The dismissal of civil servants from judicial positions shall follow the provisions of specialized legislation.

Article 25. Provisions following the issuance of a disciplinary decision against cadres and civil servants

1. Civil servants subject to disciplinary dismissal:

a) Civil servants who are disciplined by dismissal shall not be entitled to severance benefits but shall have their period of service with social insurance contributions certified by the social insurance agency for the purpose of implementing social insurance entitlements in accordance with the law.

b) The agency with authority to manage civil servants shall retain the personnel file of the civil servant who was disciplined by dismissal and shall be responsible for providing a certified résumé summary and evaluation upon the civil servant’s request.

c) After 12 months from the effective date of the dismissal decision, civil servants who have been disciplined by dismissal shall be eligible to apply for recruitment into state agencies, organizations, or units. However, if the dismissal was due to corruption, embezzlement, or violations of public service ethics, they shall not be permitted to apply for positions in agencies or roles related to their previous duties or official responsibilities.

2. If a disciplinary decision against a cadre or civil servant is later concluded by a competent agency, organization, or Court to be wrongful, the head of the agency, organization, or unit where the cadre or civil servant works shall, within no more than 10 working days from the date of the conclusion or the effective date of the court judgment, publicly announce the correction at the agency, organization, or unit concerned.

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3. In cases where a civil servant is disciplined by removal from office or dismissal, but is later determined by a competent agency, organization, or Court to be wrongfully disciplined, and their previous position has already been filled, the head of the competent agency shall be responsible for assigning them to a suitable working position or leadership/management role.

4. If the competent agency responsible for handling complaints or denunciations concludes that the disciplinary process against a civil servant was not conducted in accordance with regulations on the form, procedures, or authority for disciplinary action, the disciplinary authority must issue a decision to annul the previously issued disciplinary decision. At the same time, the competent disciplinary authority shall reprocess the disciplinary review in compliance with this Decree.

Article 26. Benefits and policies applicable during detention or custody

Cadres and civil servants under detention or custody who have not yet been disciplined shall be subject to the following regulations:

1. During the period of detention, custody, or release on bail with residential confinement that prevent the individual from continuing to work in order to serve investigation, prosecution, or trial processes - and before any disciplinary review has taken place - the individual shall be entitled to 50% of their current salary, along with leadership position allowance, seniority allowance beyond the salary scale, professional seniority allowance, and the retained salary differential coefficient (if any).

2. If they are not disciplined or are later found not guilty, they shall receive back the remaining 50% of salary withheld under Clause 1.

3. If they are dismissed or convicted by a court, they shall not receive the remaining 50% of salary mentioned in Clause 1.

4. Cadres or civil servants who are being held in detention or custody shall automatically be suspended from work and from their position (if any). Upon the expiration of the detention or custody period, if they are released on bail, the suspension from work shall be carried out based on a request from the procedural authority or a decision by a competent authority. In case the individual holds a position, the suspension from that position shall continue until a legally effective decision is issued by the competent authority.

Civil servants who have been formally indicted but are released on bail shall be suspended from their positions (if applicable). The competent managing authority shall assign duties as appropriate, and suspension shall be based on recommendations from procedural agencies or decisions by managing authorities as decentralized.

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Article 27. Complaints against disciplinary decisions

Cadres and civil servants subject to disciplinary action have the right to lodge complaints against disciplinary decisions in accordance with the Law on Complaints.

Chapter V

IMPLEMENTATION PROVISIONS

Article 28. Transitional provisions and application of specialized legislation

1. For violations that are reviewed and handled before the effective date of this Decree, the regulations in effect at the time the violation occurred shall continue to apply. For violations that occurred before the effective date of this Decree but are reviewed and handled after such date, the provisions of this Decree or the legal provisions in effect at the time of the violation, whichever is more favorable to the cadre or civil servant, shall apply.

2. Violations related to administrative sanctions, anti-corruption, and applicable disciplinary measures shall be handled in accordance with relevant specialized laws. Where such laws do not provide specific regulations or provide different regulations from this Decree on the same matter, the provisions of this Decree shall apply.

Article 29. Entry into force

1. This Decree comes into force as of July 1, 2025.

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Article 30. Implementation responsibilities

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Chairpersons of the People’s Committees of provinces and centrally-run cities, and relevant agencies, organizations, and individuals shall be held accountable for the implementation of this Decree.

FOR THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Hoa Binh