Chương V Luật Viên chức 2010: Khen thưởng và xử lý vi phạm

Chapter V

COMMENDATION, AND HANDLING OF VIOLATIONS

Article 51. Commendation

1. Public employees who record merits. make achievements and contributions in work and professional activities shall be commended and honored under the law on emulation and commendation.

2. Public employees who are commended for special merits or achievements shall be considered for ahead-of-schedule or special salary raise according lo the Government's regulations.

Article 52. Forms of disciplining public employees

1. Public employees who violate law in the course of performing work or tasks shall, depending on the nature and seriousness of violations, face any of the following disciplinary forms:

a/ Reprimand;

b/ Caution:

c/ Demotion;

d/ Sack.

2. Public employees who are disciplined in any of the forms specified in Clause 1 of this Article may be also restricted from carrying out professional activities under relevant provisions of law.

3. Demotion applies only to managerial public employees.

4. Disciplining decisions shall be filed in public employee files.

5. The Government shall stipulate the application of disciplinary forms, and the order, procedures and competence to discipline public employees.

Article 53. Statute of limitations and lime limits for disciplining

1. Statute of limitations for disciplining is a time limit prescribed by this Law at the end of which a public employee who has committed a violation will not be disciplined.

The statute of limitations for disciplining is 24 months, counting from the date of committing a violation.

2. The time limit for disciplining a public employee is a period from the time of detecting a public employee's violation to the time of issuance of a disciplining decision by competent authorities.

The time limit for disciplining is 2 months. For a case involving complicated circumstances which take a longer time for inspection and examination to verify, this time limit, may be prolonged but must not exceed 4 months.

3. For a public employee against whom a criminal case was instituted or who was prosecuted or decided to be brought to trial according to criminal procedures but then his/ her investigation or criminal case is terminated under a decision, if his/her act of violation shows signs of breach of discipline, he/she shall be considered for being disciplined; within 3 working days after the date the investigation or case termination decision is issued, the decision issuer shall send the decision and related documents to the unit managing such public employee for considering disciplining him/her.

Article 54. Work suspension

1. While considering disciplining a public employee, if seeing that his/her continued work may cause difficulties to the consideration and disciplining, the head of the public non-business unit may issue a decision to suspend his/her work. The time limit for work suspension is 15 days and may be extended in necessary cases but must not exceed 30 days. Past the period of work suspension, if the public employee is not disciplined, he/she shall be arranged back to his/her old working position.

2. In the period of work suspension, public employees are still entitled to salaries under the Government's regulations.

Article 55. Compensation and refunding responsibilities

1. Public employees who cause loss of or damage to equipment or otherwise cause damage to assets of their public non-business units shall pay compensations for such damage.

2. Public employees who, while performing assigned work or tasks, arc at fault in causing damage to other persons for which their public non-business units have to pay compensations, are obliged to refund such compensations lo their public non-business units.

The Government shall detail the determination of amounts to be refunded by public employees.

Article 56. Other provisions concerning disciplined public employees

1. For public employees who arc reprimanded or cautioned, their salary raise period will be prolonged for 3 months or 6 months, respectively: if being demoted, their salary raise period will be prolonged for 12 months while their public non-business units shall change them to other working positions as appropriate.

2. Public employees who are disciplined in the form of from reprimand to demotion are not entitled to personnel planning, training, retraining and appointment for 12 months from the effective date of their disciplining decisions.

3. Public employees who are being examined for disciplining, investigated, prosecuted or tried may not be appointed, seconded, trained or retrained, retire or discontinue their work.

4. Managerial public employees who have been demoted on the ground of acts of corruption or a court sentence for acts of corruption may not be appointed to managerial posts.

5. For public employees who arc banned or restricted from carrying out professional activities for a specified period under decisions of competent agencies but are not sacked, their public non-business units shall place them in other working positions not related to banned or restricted professional activities.

6. Public employees who arc disciplined, suspended from work or are obliged to pay compensations or refunds under decisions of their public non-business units may lodge complaints, denunciations or request settlement thereof according to law- established order if they see that such decisions are unsatisfactory.

Article 57. Provisions on public employees examined for penal liability

1. Public employees who arc sentenced to imprisonment by courts and do not have such sentences suspended or arc convicted by the court for acts of corruption shall be sacked from the date the court judgments or rulings take legal effect.

2. Managerial public employees who are declared guilty by courts will automatically cease to hold their managerial posts from the dale the court judgments or rulings take legal effect.