Can Civil Servants Dismissed in Violation of the Law Be Rehabilitated?
Is a civil servant who is unlawfully dismissed entitled to restoration of honor?
According to Clause 1, Article 31 of the Law on State Compensation Liability 2017, the cases entitled to honor restoration include:
- Persons harmed in criminal proceedings
- Civil servants who are unlawfully dismissed
- Individuals subjected to unlawful administrative measures such as being sent to a re-education center, compulsory education establishment, or compulsory detoxification establishment
Therefore, according to the regulations, a civil servant who is unlawfully dismissed will have their honor restored.
Is a civil servant who is unlawfully dismissed entitled to restoration of honor?
In what cases are civil servants not considered for disciplinary action?
Based on the provisions of Article 3, Decree 112/2020/ND-CP as follows:
Cases not considered for disciplinary action
1. Civil servants and public employees who are on annual leave, leave according to policies, or personal leave with the permission of the competent authority.
2. Civil servants and public employees who are undergoing treatment for serious diseases or are unable to perceive or control their behavior; those seriously ill and undergoing inpatient treatment at a hospital with confirmation from a competent medical authority.
3. Female civil servants and public employees who are pregnant, on maternity leave, or raising a child under 12 months old; or male civil servants and public employees (in case of death of the wife or other force majeure reasons) who are raising a child under 12 months old.
4. Civil servants and public employees who are being prosecuted, detained, or awaiting the conclusion of the investigating, prosecuting, and adjudicating authority for a legal violation, except in cases decided by competent authority.
Thus, civil servants are not considered for disciplinary action if they fall into the above cases.
How are civil servants disciplined for multiple violations?
Based on the provisions of Article 2, Decree 112/2020/ND-CP regarding the principles of disciplining civil servants as follows:
Principles of disciplinary action
1. Objective, fair; public, transparent; strict, according to the law.
2. Each violation is only disciplined once with one form of disciplinary action. At the same time of considering disciplinary action, if civil servants and public employees have 02 or more violations, disciplinary action will be taken for each violation, and the higher disciplinary form will be applied, one level higher than the disciplinary action for the most severe violation, except for dismissal or forcible resignation; not separating individual violations of civil servants and public employees for multiple disciplinary actions.
3. If civil servants and public employees commit additional violations while undergoing disciplinary action, the following disciplinary forms apply:
a) If the violation is subject to a lighter or equal disciplinary form compared to the one being implemented, the level higher than the existing disciplinary form shall be applied.
b) If the violation is subject to a heavier disciplinary form compared to the one being implemented, one level higher than the disciplinary form applicable to the new violation shall be applied.
4. When considering disciplinary action, contents, nature, extent, harm, cause of violation, aggravating or mitigating circumstances, attitude towards reception and correction, remediation of defects, violations, and consequences caused must be considered.
5. Do not replace administrative disciplinary forms with party disciplinary forms; administrative disciplinary action does not replace criminal prosecution if the violation reaches a level for criminal action.
6. If civil servants and public employees have been disciplined by the party, the administrative disciplinary form must correspond to the party disciplinary level.
Within 30 days from the release date of the party disciplinary decision, the agency, organization, or unit must consider and decide on administrative disciplinary action.
7. Strictly prohibit any actions that infringe upon the body, spirit, honor, and dignity during the disciplinary process.
8. Civil servants and public employees with a first-time violation and have been disciplined within 24 months from the effective date of the disciplinary decision for the same violation are considered recidivists; after the 24-month period, the violation is considered a first violation but is considered as an aggravating factor when reviewing disciplinary action.
According to the above provisions, if civil servants have 2 or more violations, they will be disciplined for each violation.
To be specific, the disciplinary form applied will be one level higher than the disciplinary form for the most serious violation.
Note that applying a higher disciplinary form by one level does not apply to cases of dismissal or forcible resignation.
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