New regulations on authority and procedures for disciplinary action against people who quit or retire

The Prime Minister shall issue a decision on disciplinary action against a person holding a position or title in a state administrative agency approved by the Prime Minister and submitted to the National Assembly for approval.

This is one of the main contents of Decree No. 251/2025/ND-CP dated September 23, 2025 amending and supplementing a number of articles of Decree No. 172/2025/ND-CP dated June 30, 2025 of the Government regulating disciplinary action against cadres and civil servants, which has just been issued by the Government.

Specifically, Decree No. 251/2025/ND-CP amended Articles 22 and 23 of Decree No. 172/2025/ND-CP regulating the authority, order and procedures for disciplinary action against people who have quit their jobs or retired.

On the authority to handle disciplinary actions against people who have quit their jobs or retired

Decree No. 251/2025/ND-CP stipulates as follows:

1- In case of disciplinary action in the form of removal from office or title, the competent authority that elects, approves, decides on the election results, appoints or assigns to hold the highest office or title shall issue a decision on disciplinary action, except for the cases specified in 3 and 4 below. In this case, the competent authority shall decide on the handling of other related offices and titles.

2- In case of disciplinary action in the form of reprimand or warning, the competent authority to elect, approve, decide on the approval of election results, appoint or assign to hold a position or title shall issue a decision on disciplinary action, except in the cases specified in 3 and 4 below.

3- For those holding positions and titles in state administrative agencies approved by the Prime Minister and submitted to the National Assembly for approval, the Prime Minister shall issue a decision on disciplinary action.

4- For those holding positions and titles elected by the National Assembly, the National Assembly Standing Committee shall decide on disciplinary action.

On the order and procedures for disciplinary action against those who have quit their jobs or retired

The Decree stipulates:

- In case there is a decision of disciplinary action by a competent authority against a person who has resigned or retired and committed a violation during his/her working period; based on the decision of disciplinary action by the competent authority, the staff agency of the competent authority shall propose the form of discipline, the time of disciplinary action and the time of disciplinary enforcement.

In cases under the disciplinary authority of the National Assembly Standing Committee, the Standing Committee of the Delegation Affairs Committee shall propose the form of discipline, the time of disciplinary action and the time of disciplinary enforcement to report to the National Assembly Standing Committee for consideration and decision.

In cases under the disciplinary authority of the Prime Minister, the competent management and employment agency before the time of termination of employment or retirement shall propose the form of discipline, the time of disciplinary action and the time of disciplinary enforcement to report to the Prime Minister, and at the same time send it to the Ministry of Home Affairs for appraisal and report to the Prime Minister for consideration and decision.

- In case there is no disciplinary decision from the competent authority against the person who has quit or retired and committed a violation during his/her working period; the competent authority to handle disciplinary actions as prescribed above shall decide on disciplinary actions and be responsible for its decision.

- The competent authority decides on disciplinary action.

Decree No. 251/2025/ND-CP takes effect from September 23, 2025./.

(Vietnam+)

Source: https://www.vietnamplus.vn/quy-dinh-moi-ve-tham-quyen-thu-tuc-xu-ly-ky-luat-voi-nguoi-thoi-viec-nghi-huu-post1063774.vnp