The Ministry of Home Affairs is drafting a decree on disciplinary action for officials, public employees, and civil servants (replacing Decree No. 112/2020 amended and supplemented by Decree No. 71/2023 of the Government).
Minister of Home Affairs Pham Thi Thanh Tra.
According to the drafting agency, after the Law on Organization of Local Government (amended) takes effect, local governments will transition from three levels to two, rendering some current disciplinary provisions related to district and commune levels inconsistent with the new two-tier model.
In implementing disciplinary regulations for officials, public employees, and civil servants, ministries, sectors, and localities have encountered difficulties in handling certain situations that arise in personnel work. Some provisions need to be amended to ensure uniform application, including disciplinary principles, procedures, and processes.
” To promptly institutionalize the Party’s guidelines and policies and simultaneously resolve inconsistencies between state laws and Party regulations, it is necessary to issue a decree replacing Decree No. 112/2020 and Decree No. 71/2023 ,” emphasized the Ministry of Home Affairs.
Notably, the draft decree includes a provision stating that “Officials, public employees, and civil servants who are disciplined unjustly must be apologized to and have their rights restored.”
The Ministry of Home Affairs justified this amendment as an institutionalization of Clause 12, Article 8 of the Central Committee’s regulations on inspection, supervision, and Party discipline: “Party organizations and members who are disciplined unjustly must be apologized to and have their rights restored. Apologies and restoration of rights shall be carried out according to the Central Politburo’s regulations.”
Regarding disciplinary principles, the Ministry proposed adding the following content: “If the 30-day time limit is exceeded but the statute of limitations for disciplinary action has not expired, the agency, organization, or unit must continue the procedure for administrative disciplinary action as prescribed” to address practical difficulties.
Additionally, the draft decree supplements cases for disciplinary exemption, including: “Fully complying with procedures and regulations without personal gain in the performance of duties, but losses occur due to objective risks” and “Implementing innovative proposals approved by competent authorities and later determined to be carried out correctly, with pure motives and for the common good, despite resulting in losses.”
According to the Ministry of Home Affairs, the addition of these two cases aims to institutionalize Resolution No. 138 of the Government, which issued an action plan to implement Resolution No. 68 of the Politburo on developing the private economy and the Law on Officials and Public Employees in 2025, with mechanisms to encourage thinking and doing.
Concerning disciplinary measures, the draft decree removes the demotion of public employees holding leadership or management positions and the reduction in salary level for those without such positions. This proposal aligns with the Law on Officials and Public Employees in 2025, which does not prescribe these two disciplinary measures.
