Disciplinary forms applicable to public servants shall comply with the provisions of law

FORMS OF DISCIPLINE FOR PUBLIC EMPLOYEES
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     Disciplinary forms applicable to public servants shall comply with the provisions of law

Knowledge of Lawyers:

Legal basis

Law on Public Employees 2008;
Decree No. 34/2011 / ND-CP regulating the handling of civil servants
Consultancy contents on disciplinary forms for civil servants
     1. Forms of discipline applicable to public employees
     Article 8 of Decree 34/2011 / ND-CP stipulates the following forms of disciplining of civil servants:

     a. Discipline for civil servants who do not hold leadership or management positions:
Reprimand;
Warning;
Wage lowering;
Forced leave.
     b. Forms of discipline for public employees holding leading or managerial positions:
Reprimand;
Warning;
Wage lowering;
Protesting;
Dismiss;
Forced leave.
     2. Reprimand

     The form of discipline of reprimand applies to civil servants who commit one of the following acts of violation of law:

To have an aggressive or authoritarian attitude or cause difficulties and troubles to agencies, organizations, units and individuals in performing their official duties;
Failing to perform assigned tasks without plausible reasons;
Deleting unity in agencies, organizations and units;
To voluntarily quit their jobs, for a total of between 3 and under 5 working days in a month;
Use of legal assets;
Verification of legal papers for ineligible people;
Violating the law provisions on corruption prevention and fighting; To practice thrift and combat wastefulness; labor discipline; gender equality; the prevention and combat of prostitution and other law provisions related to civil servants.
     3. Warning

     Discipline shall apply to civil servants who commit one of the following acts of violation of law:

Grant of legal papers to the unqualified;
To use information and documents of agencies, organizations or units for self-seeking purposes;
Failing to abide by the decision on transfer or assignment of work by competent agencies, organizations or units;
Using unlawful papers to participate in training and fostering; To be eligible for public rank promotion;
Discretionary leave, totaling from 05 to less than 07 working days in a month;
The illegal use of narcotics has been notified by the police office to the agency, organization or unit where the public servant is working;
Sentenced to suspended sentence or non-custodial reform for civil servants not holding leading or managing posts;
Serious violations of the law on corruption prevention and fighting; To practice thrift and combat wastefulness; labor discipline; gender equality; Prostitution Prevention and Control and other law provisions related to civil servants but have been quick to review the disciplining process.

4. Salary reduction

     The form of wage reduction applicable to public employees who commit one of the following acts of law violation:

Failing to perform assigned professional tasks without plausible reasons, thus affecting the common work of agencies, organizations or units;
Taking advantage of their working positions, deliberately breaking the law for their own interests;
Serious violations of the law on corruption prevention and fighting; To practice thrift and combat wastefulness; labor discipline; gender equality; the prevention and combat of prostitution and other law provisions related to civil servants.
     5. Demonstration

     The form of demotion shall apply to public employees holding leading or managerial positions who commit one of the following acts of violating the following law:

Failing to fulfill the tasks of management and administration under assignment without plausible reasons, for serious consequences;
Violating very seriously the provisions of the law on corruption prevention and fighting; To practice thrift and combat wastefulness; gender equality; the prevention and combat of prostitution and other law provisions related to civil servants, but has made a serious review in the process of consideration and disciplining;
Heads of agencies, organizations or units commit serious legal violations within the scope of their charge without taking preventive measures.
     6. Removal

     The form of discipline of dismissal applies to public servants holding leading or managerial positions who commit one of the following acts of law violation:

Using unlawful papers for appointment to positions;
Failing to fulfill the tasks of management and administration according to the assignment without plausible reasons, for very serious consequences;
Imprisonment for suspended sentence or non-custodial reform;
Violating very seriously the provisions of the law on corruption prevention and fighting; To practice thrift and combat wastefulness; gender equality; the prevention and combat of prostitution and other law provisions related to civil servants.
     The application of disciplinary measures to dismiss officials of judicial titles shall comply with the provisions of this Decree and the provisions of specialized law.

     7. Forced dismissal

     Disciplinary measures applicable to public employees who commit one of the following acts of violating law:

Imprisonment without suspended sentence;
Using unlawful papers for recruitment into agencies, organizations or units;
Drug addiction certified by a competent medical authority;
To voluntarily quit a job, total of 07 working days or more in a month or 20 working days or more in a year, which has been notified in writing by the agency employing civil servants three times in succession;
Violating at particularly serious levels prescribed by the law on corruption prevention and fighting; To practice thrift and combat wastefulness; labor discipline; the prevention and combat of prostitution and other law provisions related to civil servants.