Time limits for handling disciplinary actions applied to militia and self-defense forces in Vietnam from August 5, 2020

This is a noteworthy content in Circular 75/2020/TT-BQP issued by the Ministry of National Defense, which stipulates the application of disciplinary forms, procedures, statutes of limitations, and authority for handling discipline regarding the militia and self-defense force.

 

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Time limits for handling disciplinary actions for militia and self-defense forces in Vietnam from August 5, 2020 

To be specific: in Article 33 Circular 75/2020/TT-BQP stipulates the Time limit and the duration for handling disciplinary actions for militia and self-defense forces as follows:

The Time limit for handling disciplinary actions is the period from the time the disciplinary violation occurs until it is discovered; after this period, no disciplinary actions will be considered, except for the cases stipulated in point b, clause 1, Article 33 of this Circular:

- The Time limit for handling disciplinary actions is 24 months. If within the Time limit, the violator commits a new violation, the Time limit for the old violation is recalculated from the time of the new violation;

- No Time limit is applied for violations that lead to disciplinary actions stripping the militia and self-defense forces title; violations of regulations on internal political security protection; violations infringing national interests in defense, security, foreign affairs; using fake or illegal diplomas, certificates, documents, or militia and self-defense forces members who are party members disciplined with expulsion.

The duration for handling disciplinary actions is the period from the discovery of the disciplinary violation to the decision on disciplinary action by the competent authority. The duration for handling disciplinary actions is 03 months. In cases requiring more time for investigation and clarification due to complex circumstances, the duration for handling disciplinary actions may be extended but not exceeding 05 months.

Additionally, clause 3, Article 33, Circular 75/2020/TT-BQP stipulates that in cases involving militia and self-defense forces disciplinary violations related to incidents or cases under investigation, prosecution, or trial by judicial authorities, the consideration for disciplinary actions is suspended. When the final conclusion by the competent legal authority or the legally effective court judgment is available, disciplinary actions are considered and handled in accordance with regulations. The duration for considering disciplinary actions is 03 months. In cases requiring more time for investigation and clarification due to complex circumstances, the duration for handling disciplinary actions may be extended but not exceeding 05 months.

For more details, see Circular 75/2020/TT-BQP, issued on June 19, 2020.

Le Vy

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