Can retired officials who received bribes be prosecuted? Who has the authority to discipline retired officials?
Are retired officials who accept bribes subject to disciplinary action?
Pursuant to the provisions of Article 2 of the Anti-Corruption Law 2018, the act of accepting bribes is one of the acts of corruption.
According to the provisions of Article 92 of the Anti-Corruption Law 2018, the handling of individuals who commit corruption is regulated as follows:
Handling of individuals who commit corruption
1. Individuals who commit corruption, regardless of their position or workplace, must be strictly handled according to the provisions of law, including those who have retired, resigned, or transferred to other jobs.
2. Individuals committing acts of corruption as stipulated in Article 2 of this Law, depending on the nature and extent of the violation, must be subject to disciplinary action, administrative fines, or criminal prosecution according to the provisions of law.
3. In the case of individuals committing acts of corruption who are the heads or deputy heads of agencies, organizations, or units, the disciplinary measure shall be increased.
4. Individuals who commit acts of corruption who voluntarily disclose their crimes before being discovered, actively cooperate with competent authorities, contribute to damage reduction, voluntarily return corrupt assets, and remedy the consequences of their corrupt acts shall be considered for reduced disciplinary measures, lighter criminal responsibility, waivers of penalties, or criminal immunity according to the provisions of law.
5. Individuals convicted of corruption crimes who are officials and public employees, upon the judgment or decision of the Court taking effect, shall be automatically dismissed, and in the case of national or local assembly members, shall lose their representative status.
Therefore, based on the above provisions, officials who have retired or resigned and who have committed corrupt acts, regardless of their position or workplace, must be strictly handled according to the provisions of law.
Officials involved in accepting bribes, depending on the nature and extent of the violation, must be subject to disciplinary action, administrative fines, or criminal prosecution according to the provisions of law.
Are retired officials who accept bribes subject to disciplinary action? Who has the authority to discipline retired officials?
Who has the authority to discipline retired officials?
Pursuant to the provisions of Article 22 of Decree 112/2020/ND-CP, the authority to discipline individuals who have resigned or retired is regulated as follows:
Authority to discipline individuals who have resigned or retired
The authority to discipline individuals who have resigned or retired is regulated as follows:
1. In cases where the disciplinary measure is the removal of a position or title, the authority to approve, decide on, and ratify the election or appointment to the highest position or title shall issue the disciplinary decision, except as specified in Clause 3 of this Article. In such cases, the competent authorities shall decide on the handling of other related positions or titles.
2. In cases where the disciplinary measure is a reprimand or warning, the authority to approve, decide on, and ratify the election or appointment to the position or title shall issue the disciplinary decision, except as specified in Clause 3 of this Article.
3. For individuals holding positions or titles within state administrative agencies approved by the National Assembly, the Prime Minister of the Government of Vietnam shall issue the disciplinary decision.
As such, based on the above provisions, the authority to discipline retired officials includes the following:
- In cases where the disciplinary measure is the removal of a position or title, the authority to approve, decide on, and ratify the election or appointment to the highest position or title shall issue the disciplinary decision.
- In cases where the disciplinary measure is a reprimand or warning, the authority to approve, decide on, and ratify the election or appointment to the position or title shall issue the disciplinary decision.
*Note: For individuals holding positions or titles within state administrative agencies approved by the National Assembly, the Prime Minister of the Government of Vietnam shall issue the disciplinary decision.
In which cases is there no statute of limitations for disciplining officials?
Pursuant to the provisions of Article 80 of the Law on Cadres and Civil Servants 2008, amended by Clause 16 Article 1 of the Amended Law on Cadres, Civil Servants, and Public Employees 2019 as follows:
Statute of limitations and time limits for disciplinary handling
1. The statute of limitations for disciplinary handling is the time period within which officials who commit violations are not subject to disciplinary actions. The statute of limitations for disciplinary handling is calculated from the time the violation occurs.
Except as stipulated in Clause 2 of this Article, the statute of limitations for disciplinary handling is as follows:
a) 02 years for less serious violations subject to reprimand;
b) 05 years for violations not covered in Point a of this Clause.
2. In the following cases, no statute of limitations for disciplinary handling applies:
a) Officials who are party members with violations subject to expulsion;
b) Violations of internal political protection regulations;
c) Acts harming national interests in defense, security, or foreign affairs;
d) Use of fake, invalid, or illegal diplomas, certificates, certifications, or confirmations.
...
Thus, according to the above regulations, the following cases shall not have a statute of limitations for disciplinary actions against officials:
- Officials who are party members with violations subject to expulsion;
- Violations of internal political protection regulations;
- Acts harming national interests in defense, security, or foreign affairs;
- Use of fake, invalid, or illegal diplomas, certificates, certifications, or confirmations.
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