Is it permissible for Vietnamese civil servants to become Tiktokers?

Nội dung chính

• In Vietnam, is it permissible for civil servants to become tiktokers?
• What are the forms of forms of disciplining civil servants?

In Vietnam, is it permissible for civil servants to become tiktokers?

Pursuant to Article 18, 19 and 20 of the Law on Cadres and Civil Servants in 2008 stipulating prohibitions on cadres and civil servants:

Article 18. Prohibitions related to civil service ethics

1. Shirking responsibility or refusing to discharge assigned tasks; sowing factionalism and disunity; quitting jobs or going on strike without permission.

2. Illegally using assets of the State and people.

3. Taking advantage of or abusing tasks and powers; using civil service-related information for self-seeking purposes.

4. Discriminating in any form against nationality, gender, social strata, beliefs and religions.

Article 19. Prohibitions related to state secrets

1. Cadres and civil servants may not disclose in any form information relating to state secrets.

2. Cadres and civil servants working in sectors or occupations related to state secrets may not, within at least 5 years after receiving decisions on their retirement or job discontinuation, perform jobs related to their former sectors or occupations for domestic and foreign organizations and individuals and foreign-invested joint ventures.

3. The Government shall issue a specific list of sectors, occupations and jobs which and time limits during which cadres and civil servants are not allowed to perform and policies towards those to whom this Article applies.

Article 20. Other prohibitions on cadres and civil servants

In addition to the prohibitions specified in Articles 18 and 19 of this Law. cadres and civil servants may not deal with affairs related to production and business and personnel work specified in the Anti-Corruption Law and the Law on Practice of Thrift and Combat of Wastefulness and other jobs as prescribed by law and competent agencies.

Pursuant to Clause 2 Article 20 of the Anti-Corruption Law in 2018 stipulating code of conduct for office holders:

2. Office holders in state organizations are prohibited from:

a) Harassment during task performance;

b) Establishing, participating in administration of sole proprietorships, limited liability companies, joint-stock companies, partnerships and cooperatives, unless otherwise prescribed by law;

c) Providing information about state secrets, business secrets or other secrets about their tasks or any task in which they participate for other domestic and foreign organizations and individuals;

d) Establishing, holding managerial or executive positions in sole proprietorships, limited liability companies, joint-stock companies, partnerships and cooperatives in the field that was under their management according to regulations of the Government;

dd) Illegally using information of their organizations;

e) Other actions that office holders must not do according to the Law on officials and public employees, the Law on Enterprises and relevant laws.

As regulations above, it is not illegal for civil servants to join social platforms. However, you shall avoid prescribed violations. I cannot create and upload videos about reactionary, information about state secrets, racist, sexist, religious discrimination, etc, on TIktok.

What are the forms of forms of disciplining civil servants?

Pursuant to Article 7 of the Decree 112/2020/NĐ-CP stipulating disciplinary actions on cadres and civil servants:

1. Applied to cadres:

- Reprimanded

- Warning

- Dissmissal

- Disciplinary discharge from duty

2. Applied to civil servants who are non-managerial officials and public employees:

- Reprimanded

- Warning

- Decrease salary rate

- Dissmissal

3. Applied to civil servants who are managerial officials and public employees:

- Reprimanded

- Warning

- Demotion

- Dissmissal

- Disciplinary discharge from duty

Best regards!