Minister of Home Affairs Phạm Thị Thanh Trà. — VNA/VNS Photo

HÀ NỘI — The Ministry of Home Affairs is seeking public feedback on a draft decree that proposes major changes to how disciplinary action is handled for officials, civil servants and public employees.

The draft is intended to replace existing regulations and introduces new exemptions from disciplinary responsibility in specific cases.

Under the proposed decree, individuals who comply fully with regulations and procedures, act in good faith without self-interest and still cause damage due to unforeseen or objective risks, may be exempt from disciplinary action.

This provision aims to translate the Government’s broader policy direction on encouraging private sector development into specific legal safeguards for public officials.

Another notable addition is an exemption for those who carry out reform or innovation initiatives approved by competent authorities. If these actions are later found to align with official policy and are motivated by the public good, even if unintended damage occurs, those involved would not be subject to disciplinary proceedings. This provision is intended to reflect the spirit of the upcoming 2025 Law on Officials and Civil Servants, which promotes a culture of innovation, responsibility and proactive decision-making within the public sector.

The draft decree also revises current rules requiring subordinates to comply with decisions made by superiors.

In line with amendments to the draft 2025 Law on Officials and Civil Servants, if an official believes a superior’s order is unlawful, they must report their concerns in writing.

If the superior insists on proceeding, the official must comply but also notify the superior’s direct manager. In such cases, the official will not be held responsible for any consequences. Responsibility rests solely with the person who issued the order.

In a move to protect the rights of public servants, the draft decree stipulates that anyone wrongfully disciplined must receive a formal apology and have their entitlements reinstated. According to the Ministry of Home Affairs, this aligns with recent Party directives aimed at ensuring fairness and transparency in the disciplinary process.

The draft also clarifies the relationship between Party decisions about disciplinary mattters and administrative procedures.

Specifically, if an individual is disciplined by the Party, their agency or organisation must initiate any corresponding administrative process within thirty days, unless there is an exemption under provisions of the decree. If this deadline is missed, but the statute of limitations has not expired, the process must still be carried out.

To align with the revised law, the draft proposes eliminating the penalties of demotion for civil servants not holding leadership or management posts, and removal from post for those who do. It also removes references to district-level administration to ensure consistency with the two-tier local government structure. — VNS