What is the work suspension period for Vietnamese officials?

On August 11, 2020, the Prime Minister of Vietnam signed for issuing Decision 1223/QD-TTg on the work suspension of Mr. Nguyen Duc Chung, Chairman of the People's Committee of Hanoi.

According to Decision 1223, the Prime Minister of Vietnam issued a decision on the work suspension for Mr. Nguyen Duc Chung - the Chairman of the People's Committee of Hanoi to verify and investigate his responsibilities related to certain cases as stipulated by law. The work suspension period is 90 days from the date the suspension decision is issued.

What  is  the  duration  of  officials'  temporary  suspension  from  duties?

What is the work suspension period for Vietnamese officials? (Illustration)

So, what is the maximum work suspension period for Vietnamese officials? Which document stipulates this?

The work suspension of officials is divided into two cases:

Firstly, work suspension for consideration and disciplinary action is stipulated in Article 81 of the Law on Officials 2008:

The agency, organization, or unit managing the officials can issue a decision on work suspension during the period of consideration and disciplinary action if allowing the officials to continue working might cause difficulties for the consideration and disciplinary action.

The work suspension period should not exceed 15 days, but in necessary cases, it can be extended for up to 15 days; if the officials are detained or held in custody for investigation, prosecution, or trial, the period of detention or custody is counted as justified leave; after the suspension period, if the officials are not disciplined, they should be allowed to return to their original positions.

Secondly, work suspension for legal violations related to corruption is stipulated in Clause 1 Article 43 and Article 47 of Decree 59/2019/ND-CP:

The decisions to suspend or reassign the office holders are made only if there is evidence suggesting that the office holders whose violations involve corruption and the continuation in the positions can possibly hinder the sanctions.

The period of suspension or temporary reassignment are 90 days from the day on which the decision to suspend or temporarily reassign is made.

Therefore, in the case of Mr. Nguyen Duc Chung, the basis for issuing a 90-day work suspension is Article 47 of Decree 59/2019/ND-CP.

Legal Basis:

Law on Officials 2008

Decree 59/2019/ND-CP

Le Hai

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