Decision 183/QD-VKSTC-T1 2016 disciplinary regulations for the people's procuracy system

DECISION
ON PROMULGATION OF DISCIPLINARY REGULATIONS FOR THE PEOPLE'S PROCURACY SYSTEM

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THE PROSECUTOR GENERAL
OF THE SUPREME PEOPLE’S PROCURACY

Pursuant to the 2014 Law on Organization of People's Procuracies;

Pursuant to the 2008 Law on Cadres and Civil Servants, the 2010 Law on Public Employees, the 2012 Labor Code, and Decree No. 34/2011/ND-CP dated May 17, 2011, of the Government stipulating disciplinary actions for civil servants, Decree No. 27/2012/ND-CP dated April 6, 2012 of the Government stipulating the disciplinary actions for public employees and the compensation and reimbursement responsibilities of public employees;  

At the proposal of the Chief Inspector and Director of the Personnel Department of the Supreme People's Procuracy,

HEREBY DECIDES:

Article 1. To promulgate under this Decision the Disciplinary Regulations for the People's Procuracy system.

Article 2. The Decision takes effect from the date of signing.

Article 3. Heads of units under the Supreme People's Procuracy, Chief Procurator of the High-level People's Procuracy, Chief Procurators of the provincial-level People's Procuracies, Chief Procurators of the district-level People's Procuracies, cadres, civil servants, public employees and workers in the People's Procuracy system shall be responsible for implementing this Decision./.

DISCIPLINARY REGULATIONS
FOR THE PEOPLE’S PROCURACY SYSTEM
 (Promulgated under Decision No. 183/QD-VKSTC-T1 dated April 04, 2016 of the Prosecutor General of the Supreme People's Procuracy)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This regulation stipulates disciplinary measures applicable to civil servants, public employees, and workers of the People's Procuracies at all levels, who violate laws, regulations, and provisions of the People's Procuracy system (referred to as the procuracy system) but not seriously enough to be examined for penal liability.

2. Violations not specified in this Regulation shall be imposed disciplinary actions in compliance with respective law regulations on cadres, civil servants and public employees, the Labor Code and relevant guidelines.

3. This regulation does not apply in the Military Procuracy system.

Article 2. Statute of limitations and time limits for disciplinary actions, principles of imposing disciplinary actions, cases where disciplinary actions are not considered, exemption from disciplinary liability, authority, process, and procedures for imposing disciplinary actions

The statute of limitations and time limits for disciplinary actions, the principles of disciplinary actions, the cases where disciplinary actions are not considered, the exemption from disciplinary liability, the authority, process, and procedures for imposing disciplinary actions shall comply respectively with the 2008 Law on Cadres and Civil Servants, the 2010 Law on Public Employee, the 2012 Labor Code, the 2014 Law on Organization of the People's Procuracies, and guiding documents of the Government and the Supreme People's Procuracy.

Article 3. Disciplinary actions and consequences of disciplinary actions

1. Disciplinary actions

a) Reprimand.

b) Warning.

c) Lowering of salary ranking (applicable to civil servants).

d) Demotion (applicable to civil servants holding leading or managerial positions).

dd) Dismissal (applicable to civil servants and public employees holding leading or managerial positions; civil servants holding the Procurator, Investigator, or Inspector tittle).

e) Forcible resignation.

2. Consequences of disciplinary actions

a) Persons who are imposed disciplinary actions from reprimand to dismissal shall not be promoted, nominated for promotion, trained, or appointed to hold positions within 12 months from the effective date of the disciplinary decisions. At the end of such period, if they do not commit any violation that warrants disciplinary actions, they can be thereafter promoted, nominated for promotion, trained, or appointed to hold positions in accordance with the law regulations.

b) Persons who are imposed disciplinary actions shall not be involved in competitive performance considerations in the year of the disciplinary decision and have their salary review suspended depending on the disciplinary action imposed to them in accordance with the Law on Cadres and Civil Servants, the Law on Public Employees, and the Labor Code, and be classified as “failing to fulfill their duties” in the same year.

c) People who are under disciplinary review may neither run for office nor be nominated, appointed, assigned, rotated, seconded, nor participate in training and refresher courses, nor take salary ranking promotion exams, retire nor resign.

d) People who are dismissed due to disciplinary actions for corruption shall not be appointed to leading or managerial positions.

dd) They may not be appointed or reappointed to managerial positions or judicial positions in accordance with the procuracy system's regulations and provisions on personnel.

Article 4. Extenuating circumstances and application of such circumstances to disciplinary actions

1. Extenuating circumstances for the disciplinary actions

a) They voluntarily report their violations to their offices, departments or superiors, and voluntarily admit their shortcomings and violations before they are discovered.

b) They voluntarily report and provide information, and fully and honestly point out co-violators.

c) They self-terminate violations before they are discovered, actively participate in preventing violations; voluntarily compensate for damages and overcome the consequences caused by them.

d) They commit violations due to the impact of objective causes or they are so coerced.

d) In addition to the above circumstances, the disciplinary council may consider others as extenuating circumstances, but such circumstances must be recorded in the disciplinary decision.

2. Application of extenuating circumstances to disciplinary actions

When there are 02 or more extenuating circumstances specified in Clause 1 of this Article more than the aggravating circumstances specified in Clause 1, Article 5 of this Regulation, the disciplinary action will be one level lesser. The reason for the extenuation must be stated in the disciplinary decision. If the disciplinary action is a reprimand, it may not be imposed, but a review meeting must be held instead to criticize and draw lessons.

Article 5. Aggravating circumstances and application of aggravating circumstances to disciplinary actions

1. Aggravating circumstances for disciplinary actions

a) They do not voluntarily admit their shortcomings or conceal violations.

b) They cover for violators; repress and retaliate against those who protest or report violations or those who provide documents and evidence of violations.

c) They provide false information or reports; destroy documents and evidence; falsify records and evidence; prevent others from providing evidence of violations.

d) They restrain, hinder, or inhibit the process of checking, inspecting, verifying, and collecting evidence of violations.

dd) They cause material damage that requires compensation or reimbursement but they fail to so fulfill despite of sufficient conditions and capacity.

e) They repeat their violations.

g) They either are organizers, masterminds, initiators or force or incite others to commit the violations with them.

h) They coerce or facilitate others to falsify or hide or destroy documents, dossiers, and evidence.

2. Application of aggravating circumstances to disciplinary actions

a) Circumstances that serve as grounds for disciplinary actions are not considered aggravating circumstances.

b) When there are aggravating circumstances specified in Clause 1 of this Article equal to or more than the extenuating circumstances specified in Clause 1, Article 4 of this Regulation, the disciplinary actions shall not be extenuated.

Article 6. Determination of the fault, nature and severity of consequences of the violations

The Disciplinary Council or the person with disciplinary authority (in cases where a Disciplinary Council is not established) shall determine and decide that the fault, nature, and severity of the consequences of the violations shall be determined as serious, highly serious, or extremely serious depending on the law regulations and the procuracy system’s provisions, political task requirements of the procuracy system, local political situation, actual damage, and the negative impact on the reputation of the procuracy system and the violators themselves. 

Chapter II

DISCIPLINARY ACTIONS FOR VIOLATIONS WITH RESPECT TO THE PROCURACY SYSTEM DEVELOPMENT

Article 7. Disciplinary actions for violations with respect to leadership and management

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Intentionally failing to inspect and urge the implementation of regulations, provisions, directives, decisions, conclusions, and instructions of superiors, leaving subordinates to improperly implement them or make wrong decisions;

b) Intentionally leaving problems under his/her ambit unresolved although his/her subordinates have reported them and asked for directions in writing in accordance with regulations;

c) Violating other regulations and rules of the procuracy system on leadership and management.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Covering up for subordinates or authorized persons to violate regulations;

b) Intentionally giving instructions to subordinates beyond his/her authority or in contravention to the laws;

c) Intentionally failing to report or falsely reporting to competent authorities about crimes or law violations;

d) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the following violations may be demoted, dismissed or subject to forcible resignation:

a) Leaving the unit not fulfilling 50% or more of the basic indicators for evaluating professional results in the procuracy system in 02 consecutive years;

b) Arranging his/her biological parents, parents-in-law, spouse, children, siblings to hold leading or managerial positions and unlawfully work in his/her office, which has been asked to be corrected by a competent person but the violation still continues;

c) Inciting or assisting the violations of subordinates;

d) Committing one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences.

Article 8. Disciplinary actions for violations with respect to performance of assigned responsibilities and tasks

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Intentionally causing difficulties and troubles for authorities, organizations, units, and individuals at work;

b) Intentionally letting his/her spouse, biological parents, parents-in-law, children, siblings participate in defending or consulting cases and matters he/she is assigned to direct or handle by his/herself;

c) Failing, without a legitimate reason, to comply with requests for coordination at work from colleagues, competent authorities or organizations related to tasks assigned to him/her though such requests are approved by his/her leaders;

d) Failing, without a legitimate reason, to perform tasks assigned to him/her or leaving his/her workplace while on duty;

dd) Receiving suspects, defendants, litigants or people with related rights and obligations in cases or matters he/she is responsible for resolving or directing the resolution at places and times that do not comply with regulations;

e) Violating other laws, the procuracy system’s regulations and provisions on the performance of assigned responsibilities and tasks.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Illegally using information and documents of authorities and units for personal gain or other personal motives;

b) Advising and suggest competent persons to issue decisions or documents guiding and directing subordinates in contravention to regulations for personal gain or other personal motives;

c) Taking advantage of the name and facilities of his/her office or the agency he/she is in charge to cover up and abet people who commit violations;

d) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the following violations may be demoted, dismissed or subject to forcible resignation:

a) Receiving money or other material benefits to influence the person responsible for resolving the cases or matters or to direct and resolve the cases or matters in contravention to regulations;

b) Committing one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences.

Article 9. Disciplinary actions for violations with respect to personnel and staffing

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Intentionally implementing incorrect principles, procedures and processes regarding personnel; falsifying or deliberately modifying documents and profiles of civil servants, public employees, and workers; intentionally giving ungrounded comments or evaluations of civil servants, public employees, and workers;

b) Intentionally recruiting, receiving, assigning, promoting, sending to study, appointing, re-appointing people those who are not suitable or fail to satisfy the standards, conditions, and positions, or who are subject to disciplinary decisions or under investigation, inspection, and examination of violations which have not yet been concluded;

c) Intentionally carrying out or advising on disciplinary actions against others that he/she clearly knows is not in accordance with regulations;

d) Intervening and influencing competent organizations and persons to allow hiss/herself or others to be recruited, received, appointed, reappointed, or study, get promoted, or go abroad in contravention to regulations;

dd) Violating other laws, the procuracy system’s regulations and provisions on personnel and staffing.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Assigning, rotating, appointing, imposing disciplinary actions, relieving from duty, laying off, removing staff from office, and carrying out benefits and policies in contravention of regulations for personal gain or other personal motives;

b) Failing to comply with assignment decisions, task assignments, or disciplinary decisions without a legitimate reason;

c) Covering up violations of civil servants, public employees, and workers who are being investigated, inspected, examined, or reviewed for disciplinary actions;

d) Declaring false personal history to get appointed, change positions, raise salaries or enjoy benefits and policies in contravention to regulations;

dd) Asking or hiring someone else to take the exam or study for him/her;

e) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the following violations may be demoted, dismissed or subject to forcible resignation:

a) Intentionally violating the regulations on rotation and change of working positions for civil servants, public employees, and workers in order to repress civil servants, public employees, and workers;

b) Brokering, giving, receiving money, property, and other material benefits in recruitment, designated recruitment, appointment, reappointment, assignment, rotation, job arrangement, ranking promotion, commendation, proposed conferment of emulation titles in contravention to regulations;

c) Committing one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences.

Article 10. Disciplinary actions for violations of regulations on democratic practice in the operations of People's Procuracies

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Intentionally failing to comply with regulations on the responsibilities of heads of authorities and units regarding matters that must be disclosed, the collection of opinions from civil servants, public employees, and workers, and the supervision, inspection, and implementation of the principle of democratic centralism;

b) Taking advantage of regulations on democratic practice to make claims in contravention to regulations;

c) Violating other laws, the procuracy system's regulations and provisions on democratic practice in the operations of People's Procuracies.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Participating in or inciting, inducing, bribing, enticing or coercing others to participate in activities against regulations on democratic practice;

b) Threatening, taking revenge, or repressing in any form against those who question, comment, criticize, or denounce him/her;

c) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the following violations may be demoted, dismissed or subject to forcible resignation:

a) Taking advantage of his/her authority and powers to prevent the majority of members from passing resolutions, directives, decisions, regulations, statutes, and conclusions within the authority of the collective;

b) Taking advantage of the principle of democratic centralism to promote separatism and special interest groups, and cause disunity at work;

c) Committing one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences.

Article 11. Disciplinary actions for violations with respect to inspection and examination

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Intentionally violating regulations on the process, procedures, and authority in inspection and examination;

b) Intentionally inspecting or checking beyond the scope, subjects, and content stated in the decision without permission from a competent person;

c) Taking advantage of inspection and examination to harass and cause difficulties for the subjects of inspection and examination;

d) Intentionally delaying the provision of documents, materials, evidence, and data at the request of the person with authority to inspect or examine or restrain the inspection or examination team in any form;

dd) Detecting violations during inspection and examination that need to be handled but intentionally not directing, deciding or recommending such handling;

e) Intentionally failing to fulfill his/her obligations and responsibilities regarding the conclusions or recommendations of the inspection or examination team or the competent person;

g) Violating other laws, the procuracy system's regulations and provisions on inspection and examination.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Taking advantage of his/her position to intervene or impose regulations on inspection and examination, or implementation of recommendations and decisions after the inspection or examination;

b) Concealing, seizing, destroying documents and evidence, repairing, changing or falsifying records related to inspection and examination contents;

c) Intentionally disclosing or providing information and documents about the inspection and examination plans and contents or the inspection and examination conclusions without permission from a competent person;

d) Intentionally reporting untruthful information, conclusions, decisions or intentionally advising on illegal conclusions or decisions to cover up violators;

dd) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the following violations may be demoted, dismissed or subject to forcible resignation:

a) Opposing, obstructing, bribing, taking revenge, repressing, controlling, and slandering people in charge of inspection and examination, and those providing information, documents, and evidence for inspection and examination;

b) Using draft inspection and examination conclusions for personal gain;

c) Committing one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences.

Article 12. Disciplinary actions for violations of regulations on complaints and denunciations and resolution of complaints and denunciations within the People's Procuracy system

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Having the responsibility to keep information confidential but illegally disclosing the full name, address, autograph, and other details about the whistleblower; or disclosing information, documents, and evidence of the cases or matters to irrelevant authorities or individuals.

b) Causing trouble or harassment in receiving citizens, resolving complaints and denunciations, or hindering others from exercising their right to complain and denounce;

c) Intentionally failing to comply with requests and recommendations of competent persons regarding issues falling within assigned responsibilities, tasks, and powers;

d) Intentionally delaying or evading responsibility for resolving complaints and denunciations for personal gain or other personal motives;

dd) Writing anonymous applications or letters, impersonating others, taking advantage of the collective name to make untrue accusations, causing internal disunity, and insulting the honor and dignity of others;

e) Participating in mass petitions in contravention of regulations;

g) Intentionally disobeying the conclusions or final decisions on resolving complaints and denunciations made by competent persons;

h) Violating other laws, the procuracy system's regulations and provisions on resolution of complaints and denunciations within the People's Procuracy system.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Intentionally falsifying case files during the process of appraisal, verification, conclusion, or recommendation to resolve complaints and denunciations; intentionally reporting untrue appraisal and verification results;

b) Illegally intervening in the resolution of complaints and denunciations;

c) Organizing, assisting, bribing or coercing others to make false complaints or denunciations or gathering large numbers of people to make complaints or denunciations to disrupt security and public order;

d) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the following violations may be demoted, dismissed or subject to forcible resignation:

a) Taking advantage of his/her authority and powers, or job position to provide information or to make false complaints or denunciations;

b) Threatening, retaliating, repressing, insulting, slandering the person in charge of resolving complaints and denunciations, the person who discovers, reports, denounces, provides information, documents, and evidence about corruption and undesirable practice;

c) Committing one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences.

Article 13. Disciplinary actions for violations of regulations on management and use of state funds and assets, thrift practices and prevention and combat of corruption and wastefulness

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Illegal using State-owned or collective assets;

b) Leasing, lending, doing business with state-owned assets in contravention to regulations;  

c) Failing to perform maintenance and repair of assets in accordance with assigned estimates without a legitimate reason;

d) Failing to hand over assets, or incompletely or untimely handing over assets when there is a decision to transfer or recover assets from the receiving authority without a legitimate reason;

dd) Failing to remedy or compensate the consequences, or hand over money or assets obtained from the violations without a legitimate reason;

e) Violating regulations on auctions, liquidation, bidding, and asset procurement;

g) Violating regulations on preparation, appraisal, approval, and allocation of state budget estimates;

h) Violating other laws, the procuracy system's regulations and provisions on management and use of state funds and assets, thrift practice, prevention and combat of corruption and wastefulness.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Using money and assets of his/her office as gifts or donations in contravention of regulations;

b) Seizing, leasing, lending, or using public assets to commit law violations;

c) Preparing false payment finalization documents for personal gain or personal motives, causing loss of budget funds and public assets;

d) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences may be demoted, dismissed or subject to forcible resignation.

Article 14. Disciplinary actions for violations of regulations on management, issuance and use of diplomas, certificates and certifications

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Making fraudulently declarations, using illegal diplomas, certificates or certifications;

b) Granting, distributing, or certifying diplomas, certificates, certifications and copies in contravention to the law regulations;

c) Being so irresponsible for management that blank diplomas, certificates, and seals that others use them to make fake diplomas and certificates;

d) Being so irresponsible for management that documents and records for granting diplomas, certificates, and certifications under his/her management are lost or damaged;

dd) Violating other laws, regulations, and regulations of the procuracy system on management, issuance, and use of diplomas, certificates, and certifications.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Using illegal diplomas, certificates, or certifications to study, take exams, change rankings, promote, or apply for titles of the Party and State;

b) Taking advantage of his/her authority and powers to influence individuals and organizations to get him/herself or others certified or granted diplomas or certificates in contravention of regulations;

c) Forging or falsifying his/her own profile to obtain a diploma, certificate or certification or falsifying the diploma or certificate for personal motives;

d) Intentionally allowing users of illegal diplomas, certificates, or certifications to be trained or recruited in contravention to regulations;

dd) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the following violations may be demoted, dismissed or subject to forcible resignation:

a) Taking advantage of his/her authority and powers to cover for civil servants, public employees, and workers under his/her management to use illegal diplomas, certificates, and certifications;

b) Sign, issue or request a competent authority to issue a decision to issue diplomas, certificates or certificates in contravention to regulations;

c) Directly perform or assist in the production, sale or brokerage of blank diplomas, certificates, certifications or illegal diplomas, certificates, certifications;

d) Using illegal diplomas, certificates, or certifications to be recruited or appointed in authorities and units under the People's Procuracies;

dd) Committing one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences.

Article 15. Disciplinary actions for violations of regulations on protection of State secrets, secrets of the People's Procuracy system and professional secrets

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Violating regulations on confidentiality in receiving, monitoring, managing, transferring, sending artifacts and documents sealed as confidential, secret, top secret or things that are not allowed to be published or disclosed;

b) Intentionally disclosing professional guidance and handling information to an irresponsible person;

c) Taking records and documents of the case out of the office other than to perform assigned tasks without the consent of the competent person;

d) Violating other laws, the procuracy system's regulations and provisions on protecting State secrets, People's Procuracy system’s secrets, and professional secrets.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Illegally providing or disclosing information, documents, and artifacts that are classified as secrets of the State and the Procuracy system to authorities, organizations, and individuals at home and abroad for personal gain;

b) Disseminating, propagandizing, writing, posting information and documents that are classified as secrets of the State or the Procuracy system to the wrong subjects, scope, and time of dissemination or publication for personal gain;

c) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the following violations may be demoted, dismissed or subject to forcible resignation:

a) Spreading information, documents, and artifacts containing State secrets or secrets of the Procuracy system on telecommunications networks, the Internet and other mass media for political motives;

b) Committing one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences.

Article 16. Disciplinary actions for violations with respect to competitive performance and commendation

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Declaring false achievements of his/herself or the collective that he/she is in charge to receive commendations;

b) Violating other laws, the procuracy system’s regulations and provisions on competitive performance and commendation.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Taking advantage of his/her authority and powers, receiving money or other benefits to illegally influence the consideration of competitive performance and commendation or the making of commendation decisions, and the submission of applications to competent authorities for commendation;

b) For personal motives, disobeying regulations or hindering the consideration of commendations, the transfer of commendation applications to the competent authorities for decision on commendation of individuals and organizations that satisfy the standards and conditions in accordance with the regulations;

c) Taking advantage of his/her authority and powers to make illegal commendation decisions;

d) Falsifying other people's commendation applications and documents; intentionally falsely certifying individual or collective achievements to receive commendations;

dd) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences may be demoted, dismissed or subject to forcible resignation.

Article 17. Disciplinary actions for violations of internal office rules and codes of conduct for cadre, civil servants, and public employees of the People's Procuracy system

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Drinking alcohols, beers, or other alcoholic beverages right before and during working hours, including at noon on working days, while on duty, or when safeguarding or defending his/her office, which has been warned in writing by a competent person but the violation still continues; 

b) Using uniforms, badges, insignias, identification cards, or judicial title certificates for personal or other illegal purposes;

c) Violating other laws, the procuracy system's regulations and provisions on internal office rules and codes of conduct for cadres, civil servants and public employees of the People's Procuracy system.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Repairing or changing the specifications, designs, colors, materials of uniforms, badges, insignias, identification cards, and judicial title certificates in contravention to regulations;

b) Selling, pledging, donating, lending uniforms, badges, insignias, identification cards, and judicial title certificates leaving them to be used by others for illegal purposes;

c) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the following violations may be demoted, dismissed or subject to forcible resignation:

a) Organizing and participating in gambling, betting or other social evils;

b) Committing one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences.

Chapter III

DISCIPLINARY PROCESSING FOR VIOLATIONS WITH RESPECT TO PUBLIC PROSECUTIONS AND SUPERVISION OVER JUDICIAL ACTIVITIES

Article 18. Disciplinary actions for violations with respect to public prosecutions and supervision over the criminal adjudication

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Violating the procuracy system's regulations and provisions on compilation of documentation on resolution and supervision of the receipt and resolution of denunciations, crime reports, and prosecution proposals; case files, records of supervision over investigation and adjudication;

b) Violating the law regulations, the procuracy system's regulations and provisions on public prosecutions and supervision over the prosecution or non-prosecution of criminal cases or the accused; the modification, supplementation, or revocation of decisions on whether or not to prosecute criminal cases and the accused; decisions to revoke unfounded and illegal decisions and warrants of the investigation bodies and the bodies assigned to carry out a number of investigation activities; resolution of proposals to prosecute criminal cases or consideration and decision on the investigation of the Trial Panels’ decisions to prosecute the cases;

c) Violating regulations on the application of preventive and coercive measures; the supervision over the application, replacement and cancellation of preventive and coercive measures;

d) Violating regulations on legal proceedings for people under 18 years old, people with physical or mental weaknesses, mandatory medical treatment procedures, and requests to appoint defense attorneys in the cases required by the laws;

dd) Intentionally failing to comply with regulations on issuance, delivery, communication or notification of criminal procedural decisions and documents;

e) Intentionally violating regulations on the rights of lawyers or other participants in the proceedings;

g) Letting happen the cases where the Courts return the case files for additional investigation due to his/her own fault that is unacceptable under the procuracy system's regulations and provisions;

h) Being so irresponsible that he/she fails to detect, propose or appeal against court verdicts and rulings that are seriously contrary to the laws, thereby leaving violations in the cases unremedied;

i) Being so irresponsible that the Courts annul the first instance or appellate rulings for investigation or retrial where the Procuracies are held accountable during the investigation, prosecution and adjudication;

k) Being so irresponsible that records, documents, exhibits and evidence of the cases are damaged, lost or misplaced;

l) Being so irresponsible that the decisions to temporarily suspend the cases against the defendant are contrary to regulations;

m) Violating other laws and the procuracy system's regulations and provisions on public prosecutions and supervision over criminal adjudication.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Being so irresponsible that the investigation of the defendant, or the case is suspended due to non-commission of crimes or the Courts issue legally effective verdicts declaring the defendant not guilty;

b) Being so irresponsible that the custody or temporary detention lasts longer than the applicable time limits;

c) Intentionally reporting untruths leading to the persons with authority making decisions or giving instructions to resolve the cases or matters in contravention to the laws;

d) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the following violations may be demoted, dismissed or subject to forcible resignation:

a) Being so irresponsible that, within 01 year, the cases are suspended due to non-commission of crimes by 02 or more defendants, or the Courts issue legally effective verdicts declaring 02 or more defendants not guilty;

b) Being so irresponsible that the temporary detention or custody of 02 or more people lasts longer than the applicable time limits within 01 year;

c) Committing one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences.

Article 19. Disciplinary actions for violations with respect to investigation activities of the investigation bodies of People's Procuracies

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Violating regulations on creating case files and keeping dossiers (AK dossiers);

b) Exceeding the time limit for resolving denunciations, crime reports and prosecution proposals, or exceeding the time limit for investigating criminal cases without a legitimate reason;

c) Being so irresponsible that the decisions to temporarily suspend, or suspend the investigation against the defendant are contrary to the law regulations;

d) Violating other laws, the procuracy system's regulations and provisions on investigation activities of the investigation bodies of People's Procuracies.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Being irresponsible and letting the statute of limitations for criminal prosecution expire;

b) Being so irresponsible that the investigation of the defendant is suspended due to non-commission of crimes or the Courts issue legally effective verdicts declaring the defendant not guilty;

c) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the following violations may be demoted, dismissed or subject to forcible resignation:

a) Being so irresponsible that, within 01 year, the cases are suspended due to non-commission of crimes by 02 or more defendants, or the Courts issue legally effective verdicts declaring 02 or more defendants not guilty;

b) Committing one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences.

Article 20. Disciplinary actions for violations with respect to the supervision over custody, temporary detention and enforcement of criminal judgments

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Violating regulations on compilation of dossiers for the supervision over custody, temporary detention and enforcement of criminal judgments;

b) Being so irresponsible that he/she fails to report or propose a protest; or fails to protest, appeal, or request handling of violations with respect to custody, temporary detention, and execution of criminal judgments; fails to prosecute or request the investigation bodies to prosecute criminal cases when detecting signs of crime in the management, enforcement of custody, temporary detention, and execution of criminal judgments in accordance with the law regulations;

c) Violating other laws, the procuracy system's regulations and provisions on the supervision over custody, temporary detention and enforcement of criminal judgments.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Intentionally giving directions in contravention to regulations leading to custody, temporary detention, temporary suspension, suspension, exemption, reduction, postponement of enforcement of judgment, consideration of early conditional release or amnesty in contravention to the law regulations;

b) Allowing cases of custody, temporary detention, or enforcement of prison sentences to exceed the time limits where the Procuracies are held accountable;

c) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences may be demoted, dismissed or subject to forcible resignation.

Article 21. Disciplinary actions for violations with respect to the supervision over the handling of administrative and civil cases, marriage and family cases, business, trade, labor and other matters in accordance with the law regulations; violations with respect to the supervision and enforcement of civil judgments

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Violating regulations on compilation of dossiers for the supervision over the resolution of administrative and civil cases, marriage and family cases, business, trade, labor and other matters in accordance with the law regulations and the supervision and enforcement of civil judgments;

b) Being so irresponsible that he/she fails propose or appeal, within his/her authority, against court verdicts and rulings that are seriously contrary to the laws, thereby leaving violations in the cases unremedied;

c) Allowing cases where the Courts annul the first instance or appellate rulings and the Procuracies are held accountable;

d) Violating other laws, the procuracy system's regulations and provisions on the supervision over the resolution of administrative and civil cases, marriage and family cases, business, trade, labor and other matters in accordance with the law regulations and the supervision and enforcement of civil judgments.

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Intentionally exceeding the time limit for processing or resolving a request for cassation or retrial for personal gain or other personal motives without a legitimate reason, leading to the verdicts or rulings containing irremediable serious violations;

b) Intentionally, for personal gain or other personal motives, failing to report, request remedies or propose handling of violations during the supervision over the resolution of administrative and civil cases, marriage and family cases, business, trade, labor and other matters in accordance with the law regulations and the supervision and enforcement of civil judgments;

c) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences.

3. Any person who commits one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences may be demoted, dismissed or subject to forcible resignation.

Article 22. Disciplinary actions for violations with respect to resolution of complaints and denunciations and supervision over the resolution of complaints and denunciations in judicial sector.

1. Any person who commits one of the following violations resulting in serious consequences may be imposed a reprimand:

a) Violating regulations on compilation of dossiers for resolution of complaints and denunciations and supervision over the resolution of complaints and denunciations in judicial sector;

b) Being so irresponsible that records and documents are lost, damaged or irreparably falsified;

c) Violating other laws, the procuracy system's regulations and provisions on resolution of complaints and denunciations and supervision over the resolution of complaints and denunciations in judicial sector

2. Any person who commits one of the following violations may be imposed a warning or have his/her salary ranking lowered:

a) Intentionally failing to organize citizen receptions in accordance with regulations;

b) Intentionally delaying or avoiding the resolution of complaints and denunciations;

c)  Directing and forcing the persons responsible for resolution to act against regulations, leading to the false resolution results of complaints and denunciations;

d) Intentionally reporting untruths leading to the persons with authority making decisions or giving instructions to resolve the complaints and denunciations in contravention to the law regulations;

dd) Intentionally violating the regulations on resolution of complaints and denunciations in order not to resolve or improperly resolve complaints and denunciations;

e) Hiding or destroying evidence, records and documents for the purpose of covering up violators;

g) Committing one of the violations mentioned in Clause 1 of this Article resulting in highly serious consequences. 

3. Any person who commits one of the violations mentioned in Clause 2 of this Article resulting in extremely serious consequences may be demoted, dismissed or subject to forcible resignation.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 23. Effect

The Regulations herein take effect from the date of signing and do not apply to violations committed before the effective date thereof.

Article 24. Implementation

1. Heads of units under the Supreme People's Procuracy, Chief Procurator of the High-level People's Procuracy, Chief Procurators of the People's Procuracies of provinces and municipalities shall thoroughly implement and disseminate the Regulation herein to all civil servants, public employees, and workers under their ambit.

2. The Inspectorate of the Supreme People's Procuracy shall be responsible for guiding, monitoring and inspecting the implementation hereof. Amendments and supplements to the Regulations herein shall be decided by the Procurator General of the Supreme People's Procuracy./.