Civil servants using fake or illegal diplomas and certificates are proposed to be forced to resign.

According to the Draft Decree on disciplinary action against cadres and civil servants, drafted by the Ministry of Home Affairs, there are 4 forms of discipline for cadres and 4 forms of discipline for civil servants. In particular, the Ministry of Home Affairs proposes to apply the form of disciplinary action of forced dismissal in cases where civil servants use fake or illegal diplomas, certificates, certifications, or confirmations to be recruited into agencies, organizations, or units.

Báo Tiền Giang•10/06/2025

This draft Decree is being appraised by the Ministry of Justice before being submitted to the Government for approval and promulgation according to simplified procedures.

Disciplinary actions

This content is proposed in Article 6 of the above Draft Decree. Specifically as follows:

1. Officials and civil servants who violate regulations on the obligations of officials and civil servants; things that officials and civil servants are not allowed to do; violate public ethics, communication culture in the office, communication with the people; violate internal rules and regulations of agencies, organizations, and units while performing official duties. Officials and civil servants who are disciplined by the Party will be considered for administrative disciplinary action.

2. The level of violation is determined as follows:

a) Violations causing less serious consequences are violations of a nature and level of harm that are not significant, have an impact within the internal scope, and affect the reputation of the agency, organization, or work unit;

b) A violation causing serious consequences is a violation of a large nature, level, and harm, affecting beyond the internal scope, causing bad public opinion among cadres, civil servants and people, and reducing the reputation of the agency, organization, or work unit;

c) Violations causing very serious consequences are violations of a very large nature, level, and harm, with a scope of impact on the whole society, causing great public outrage among cadres, civil servants, and people, and damaging the reputation of the agency, organization, or work unit;

d) Violations causing particularly serious consequences are violations of an especially large nature, level, and harm, with a wide-ranging impact on the whole society, causing particularly indignant public opinion among cadres, civil servants, and people, and damaging the reputation of the agency, organization, or work unit.

Disciplinary measures for officials and civil servants

Article 7 of the Draft Decree proposes disciplinary measures for officials and civil servants as follows:

1. Applicable to staff:

a) Reprimand;

b) Warning;

c) Dismissal (applicable to officials approved, appointed or designated to hold positions or titles);

d) Dismissal.

2. Applicable to civil servants:

a) Reprimand;

b) Warning;

c) Dismissal (applicable to civil servants in leadership and management positions);

d) Forced dismissal.

The Ministry of Home Affairs proposed four forms of discipline for officials and four forms of discipline for civil servants. Illustration photo: qdnd.vn

Apply disciplinary reprimand to officials and civil servants

This content is in Article 8 of the Draft Decree, specifically:

The disciplinary measure of reprimand is applied to cadres and civil servants who commit violations for the first time, causing less serious consequences, except for violations specified in Clause 3, Article 9 of this Decree, falling into one of the following cases:

1. Violating regulations on the obligations of cadres and civil servants; things that cadres and civil servants are not allowed to do; violating public ethics, communication culture in the office, communication with the people; violating internal rules and regulations of agencies, organizations and units.

2. Violating the provisions of law on crime prevention and control; prevention and control of social evils; social order and security; prevention and control of corruption; practicing thrift and combating waste.

3. Violating regulations on democratic centralism, regulations on propaganda and speech, and regulations on internal political protection.

4. Violating the provisions of law on investment, construction; land, environmental resources; finance, accounting, banking; management and use of State and people's assets against regulations.

5. Violating other regulations of the Party and laws related to cadres and civil servants.

Apply disciplinary warning to officials and civil servants

According to Article 9 of the Draft Decree, the disciplinary form of warning is applied to cadres and civil servants who commit violations in one of the following cases:

1. Having been disciplined by reprimand as prescribed in Article 8 of this Decree and re-offending.

2. Committing a first-time violation, causing serious consequences in one of the cases specified in Article 8 of this Decree.

3. First-time violation, causing less serious consequences in one of the following cases:

a) Cadres and civil servants holding leadership and management positions do not properly and fully perform their assigned management and operational duties and responsibilities;

b) The head of an agency, organization or unit allows serious violations of the law to occur within the scope of his/her responsibility without taking measures to prevent them.

Applying disciplinary measures of dismissal to officials and civil servants holding leadership and management positions

Article 10 of the Draft Decree proposes the disciplinary measure of dismissal applicable to officials and civil servants holding leadership and management positions in one of the following cases:

1. Having been disciplined by warning as prescribed in Article 9 of this Decree and re-offending.

2. Committing a first-time violation with very serious consequences in one of the cases specified in Article 8 or Clause 3, Article 9 of this Decree but not to the extent of being forced to quit the job, the violator has an attitude of acceptance, correction, proactively overcoming the consequences and has many mitigating circumstances.

3. Using illegal documents to be elected, approved, or appointed to a position.

Applying disciplinary measures of forced dismissal to civil servants

Article 11 of the Draft Decree proposes the disciplinary measure of forced dismissal applicable to civil servants who commit violations in one of the following cases:

1. Having been disciplined by dismissal for civil servants holding leadership or management positions or warning for civil servants not holding leadership or management positions who re-offend.

2. Committing a first-time violation causing very serious consequences in one of the cases specified in Article 8 or Clause 3, Article 9 of this Decree, but the violator does not have an attitude of acceptance, correction, proactively remedying the consequences, and there are aggravating circumstances.

3. Using fake or illegal diplomas, certificates, certifications, or confirmations to be recruited into an agency, organization, or unit.

4. Drug addiction; in this case, there must be a conclusion from a medical facility or a notification from a competent authority.

In addition, according to Article 12 of the Draft Decree, the disciplinary measure of dismissal is applied to officials who violate the provisions of the Law on Organization of the National Assembly , the Law on Organization of Local Government, the Law on Election of National Assembly Deputies and People's Council Deputies and other relevant provisions of law and are dismissed. The authority, order and procedures for dismissal shall be implemented in accordance with the provisions of law.