Tighten cases that have not been considered for disciplinary action
Decree No. 172/2025/ND-CP stipulates 3 cases that have not been considered for disciplinary action (instead of 4 cases as stipulated in Decree No. 112/2020/ND-CP):
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1- Officials and civil servants who are being treated for a serious illness or are losing their cognitive ability; are seriously ill and are being treated as inpatients at a hospital with confirmation from a competent medical authority.
2- Female cadres and civil servants who are pregnant, on maternity leave, or raising children under 12 months old, or male cadres and civil servants (in case the wife dies or the wife cannot raise the child due to force majeure or objective obstacles as prescribed by the Civil Code and the law on emergency situations) who are raising children under 12 months old, except in cases where the violator has a written request for consideration of disciplinary action.
3- Officials and civil servants who are being prosecuted, detained, or imprisoned pending the conclusion of the competent authority investigating, prosecuting, or trying a violation of the law; except in cases decided by a competent authority.
(Previously, Decree No. 112/2020/ND-CP stipulated that the case of "cadres, civil servants, and public employees who are on annual leave, leave according to the regime, or personal leave permitted by competent authorities" is also a case that has not been considered for disciplinary action.)
Modify the disciplinary processing period
To be consistent with the Law on Cadres and Civil Servants 2025, Decree No. 172/2025/ND-CP also amends and supplements the time limit for handling disciplinary actions.
The time limit for disciplinary action against officials and civil servants is the period from the time of discovery of the violation of the official or civil servant until the decision on disciplinary action is made by the competent authority.
The disciplinary handling period shall not exceed 90 days; in cases where the case has complicated circumstances requiring further inspection and verification, the disciplinary handling period may be extended but shall not exceed 150 days.
The competent authority handling disciplinary action must ensure that disciplinary action is taken within the prescribed time limit.
Abolish some forms of discipline for officials and civil servants
The Decree stipulates disciplinary measures applicable to officials, including: Reprimand; warning; dismissal, applicable to officials approved, appointed or assigned to hold positions or titles; dismissal.
Disciplinary measures applied to civil servants: Reprimand; warning; dismissal, applied to civil servants in leadership and management positions; forced resignation.
Thus, Decree No. 172/2025/ND-CP has eliminated the disciplinary measure of demotion applied to civil servants holding leadership and management positions and salary reduction for civil servants not holding leadership and management positions as stipulated in Decree No. 71/2023/ND-CP. This change is to comply with the Law on Cadres and Civil Servants 2025 because this Law does not stipulate the above two disciplinary measures.
According to VNA
Source: https://baobacninhtv.vn/bo-hinh-thuc-ky-luat-giang-chuc-va-ha-bac-luong-doi-voi-cong-chuc-postid421124.bbg
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