THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
No. 97/1998/ND-CP | Hanoi, November 17, 1998 |
ON THE DISCIPLINING AND MATERIAL RESPONSIBILITIES OF PUBLIC EMPLOYEES
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on Public Employees of February 26, 1998;
At the proposal of the Minister-Chairman of the Government Commission for Organization and Personnel,
DECREES:
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a/ The persons defined in Clause 3, Article 1 of the Ordinance on Public Employees;
b/ The persons defined in Clause 5, Article 1 of the Ordinance on Public Employees;
For persons defined in Point b, Clause 1 of this Article, in addition to the provisions of this Decree, the management and command regulations of the People’s Army and People’s Police shall also apply;
c/ Public employees sent to work for economic organizations, social organizations, socio-professional organizations, which have been given personnel quotas by the competent agency(ies).
2. For contractual employees within the personnel quotas of State agencies, organizations or units, if they breach the discipline, they shall be handled according to the provisions of the Labor Code.
2. The disciplining must be effected by the competent person(s) in strict compliance with the procedures stipulated in this Decree.
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4. The disciplining shall not be imposed on public employees who breach discipline when they are affected by mental or other diseases that make them incapable of being aware of their acts; or when they execute decisions of their superiors as stipulated in Article 8 of the Ordinance on Public Employees.
1. When a public employee is scrutinized for discipline, a Disciplinary Council must be set up.
2. When the Disciplinary Council meets, the involved public employee must be present. In case of his/her absence, the plausible reasons must be given. If the involved public employee is twice absent though having been summoned, the Disciplinary Council shall still meet to consider the case and propose form of discipline.
3. The statute of limitations for the handling of a breach of discipline shall be 3 months at most, after the breach is detected; for a breach involving complicated factors that require time for investigation and verification, the above-said time-limit may be longer but must not exceed 6 months (except for cases stipulated in Clause 4, Article 9 of this Decree).
2. If within 12 months after the disciplinary decision is issued, the disciplined public employee neither repeats his/her breach nor commit other violations which are not serious to the extent of being disciplined, the competent agency or unit shall issue a decision terminating the effect of the discipline imposed on such public employee.
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2. The above-said public employee shall have his/her honor restored, be given a suitable job and entitled to a wage equivalent to his/her pre-discipline wage level, have his/her period under the discipline counted for wage increase, and be compensated for any damage caused in accordance with the provisions of Decree No.47/CP of May 3, 1997 of the Government on the settlement of compensation for damage caused by State officials, employees or competent persons of the legal proceedings agencies.
2. Agencies and organizations that receive complaints from public employees shall have to consider them and reply the complainants within the time-limit prescribed by law.
3. A public employee who holds the post of department-level head or lower post and is forced to discontinue his/her work, shall have the right to initiate an administrative lawsuit at a court prescribed by law, if after having made a complain about the disciplinary decision, he/she is still subject thereto.
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1. Each breach of discipline shall be subject to only one form of discipline.
If, at one time, a public employee commits more than one acts of breaching discipline, he/she shall be disciplined for every breach and subject to the form of discipline one level higher than that set for the most serious breach.
This regulation shall also apply to public employees who commit more than one acts of violation, each of which is subject to the same form of discipline.
2. Forbidding all acts of infringing upon the body, honor and dignity of the disciplined public employees;
3. Forbidding the application of fines or wage cutting instead of a form of discipline;
4. Public employees shall not be disciplined yet in the following cases where:
a/ They are on annual leave, leave for personal business or leave permitted by the head of the agency; or
b/ They are being hospitalized according to physicians’ prescription; or
c/ They are being detained or subject to other administrative measures such as the placement in education establishments, medical establishments or under administrative probation; or
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5. The form of discipline as sack shall not apply to public employees who are pregnant women or nursing their children of under 12.
During his/her work suspension, a public employee shall be entitled to an advance of 50% of his/her wage and allowance (if any). If such public employee is not disciplined after the scrutiny by the concerned agency, organization or unit, he/she shall be given the rest of his/her wage and allowance (if any) amount he/she is entitled to during the work suspension period.
1. Reprimand;
2. Warning;
3. Wage reduction;
4. Demotion;
5. Removal from office;
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2. The warning shall apply to public employees who have been reprimanded but still repeat their breaches; or whose breaches are not serious but regular; or whose breaches, though committed for the first time, are fairly serious.
3. The wage reduction shall apply to public employees who commit serious breaches in the performance of their tasks and/or duties.
4. The demotion shall apply to public employees who commit serious breaches of discipline and are considered no longer qualified morally and professionally for the ranks they are assuming.
5. The removal from office shall apply to public employees who hold high posts but commit serious breaches of discipline and are, therefore, considered unable to continue holding their assigned posts.
6. The sack shall apply to public employees who commit offenses and are put to jail by the court without being entitled to suspended sentence.
7. The Disciplinary Council may consider and propose the sack of a public employee if:
a/ He/she has committed and offense and been put to jail by the court but entitled to the suspended sentence, non-custodial reeducation, probation or warning, provided that the offense is related to the performance of his/her public duty;
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c/ He/she has committed the violation for the first time but such violation is serious.
The Disciplinary Council shall be composed of:
1. The Chairman, being the head or a deputy head of the concerned agency, organization or unit;
2. A representative of the Executive Committee of the trade union at the same level;
3. Representative(s) of public employees of the agency, organization or unit where the discipline violator is working (to be appointed by the collective of the unit’s public employees).
In addition to the above-said members, the Disciplinary Council shall invite a representative of the Ladies’ Committee (if the violator is a woman), a representative of the Ho Chi Minh Communist Youth Union organization of the agency, organization or unit (if the violator is a youth) to attend the meeting. The invited representatives shall have the right to raise their opinions at the meeting but not to vote.
In cases where the head of the agency or unit breaches discipline, his/her immediate superior shall decide to set up a Disciplinary Council for consideration and handling of the violation.
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Article 19.- At the Disciplinary Council’s meeting:
1. The Council’s Chairman shall state the reasons of the meeting, and introduce the participants;
2. A representative of the organization and personnel section shall present the dossier and relevant documents;
3. The violator shall give his/her opinions; the Council’s members and other participants shall take the floor;
4. Before the Council takes counsel before voting on the form of discipline, the violator shall have the right to suggest a form of discipline to be imposed on him/her;
5. The Council’s resolution shall be announced at the meeting.
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2. For a damage valued at under 5 million dong, a public employee shall, in principle, have to make full compensation therefor by gradual deduction from his/her wage; if the damage is caused unintentionally, he/she shall have to pay compensation with his/her three-month salary at most, which shall be gradually deducted from his/her monthly wage but the deducted amount must not be lower than 10% or higher than 30% of his/her total earning from wage and allowance (if any).
2. The Council shall include:
a/ Its chairman, being the head or a deputy head of the agency, organization or unit;
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c/ A member being the person in charge of finance-accountancy section;
d/ A member being the person directly in charge of the section where the person, who has to make compensation, is working.
e/ A member being an economic-technical specialist.
3. The Council is tasked to consider and propose levels and modes of compensation to the head of the agency or organization.
1. The Council’s chairman present the participants and appoint a secretary;
2. The representative of the finance-accountancy section briefs the participants on the compensation regime and level;
3. The Council listens to the justification by the person in question and opinions of the Council’s members;
4. The Council discusses and ballots on the level of compensation;
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6. The Council shall dissolve after the fulfillment of its task.
1. This Decree takes effect 15 days after its signing.
2. This Decree replaces the regulations on discipline and material responsibilities of public employees in the following documents:
- Decree No.195/HDCP of December 31, 1964 of the Government Council promulgating the Regulation on Labor Discipline in State agencies;
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- Article 25 of Decree No.217/CP of June 8, 1979 of the Government Council, promulgating the Regulation on public employees’ and State agencies’ responsibilities, disciplines, the protection of public properties as well as on the service of people.
2. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
- 1Decree No. 211/2013/ND-CP dated December 19, 2013, amending Decree No. 107/2006/ND-CP defining responsibilities of heads of agencies, organizations and units for corruption occurring in their agencies, organizations or units
- 2Circular No. 05/1999/TT-TCCP of March 27, 1999, guiding the implementation of Decree No.97/1998/ND-CP of November 17, 1998 of the Government on handling discipline and material responsibility of public employees
- 3Ordinance No. 2-L/CTN of February 26, 1998, in order to build a contingent of public employees who are possessed of good moral qualities, professional qualifications and capabilities, devotedly serve the people and are loyal to the fatherland of the Socialist Republic of Vietnam
Decree of Government No. 97/1998/ND-CP of November 17, 1998 on the disciplining and material responsibilities of public employees
- Số hiệu: 97/1998/ND-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 17/11/1998
- Nơi ban hành: Chính phủ
- Người ký: Phan Văn Khải
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 02/12/1998
- Tình trạng hiệu lực: Chưa xác định