Is job discontinuation allowed for Vietnamese officials who are being examined for disciplining or penal liability? What is the time limit for disciplining?
Is job discontinuation allowed for Vietnamese officials who are being examined for disciplining or penal liability?
Pursuant to the provisions of Clause 3, Article 59 of the Law on Officials 2008, it is stipulated as follows:
Job discontinuation of officials
1. Officlas are entitled to the job discontinuation regime if falling into one of the following cases:
a/ Due to reorganization;
b/ They make a petition for job discontinuation, which is approved by competent authorities;
c/ As prescribed in Clause 3, Article 58 of this Law.
2. A civil servant who wishes to discontinue his/her job shall send a petition to a competent agency, organization or unit for consideration and decision. Within 30 days after receiving such petition, the competent agency, organization or unit shall issue a written reply: if disagreeing with the petition, it shall clearly state the reason; a civil servant who quits his/her job without the consent of the competent agency, organization or unit is not entitled to the job discontinuation regime and shall refund training and retraining expenses in accordance with law.
3. Job discontinuation is not allowed for officials who are being examined for disciplining or penal liability.
4. Job discontinuation is not allowed for female officials who arc pregnant or nursing under-36-month babies, except those so wishing.
Thus, based on the above regulations, officials who are being considered for disciplinary action are not entitled to the job discontinuation regime.
Is job discontinuation allowed for Vietnamese officials who are being examined for disciplining or penal liability? What is the time limit for disciplining? (Picture from internet)
What is the time limit for disciplining against Vietnamese officials?
Pursuant to the provisions of Article 80 of the Law on Officials 2008, amended by Clause 16, Article 1 of the Law on amendments and supplements to the Law on Officials and the Law on Public Employees 2019, it is stipulated as follows:
Statute of limitations and time limits for disciplining
1. The statute of limitations for disciplinary action is the time limit after which the officer or civil servant who commits the violation will not be disciplined. The statute of limitations for disciplinary action is calculated from the time of the violation.
Except for the cases specified in Clause 2 of this Article, the statute of limitations for disciplinary action is prescribed as follows:
a) 02 years for violations that are less serious than requiring disciplinary action in the form of reprimand;
b) 05 years for violations other than those specified in Point a of this Clause.
2. For the following violations, the statute of limitations for disciplinary action does not apply:
a) Officials and civil servants who are party members commit violations that require disciplinary action in the form of expulsion;
b) Committing violations of regulations on internal political protection;
c) Committing acts that harm national interests in the fields of defense, security, and foreign affairs;
d) Using fake or illegal diplomas, certificates, certificates, or certifications.
3. The time limit for disciplinary action against cadres and civil servants is the period of time from the discovery of disciplinary violations by cadres and civil servants until the disciplinary decision of the agency or organization is issued. have authority.
The time limit for disciplinary action shall not exceed 90 days; In cases where the case has complicated circumstances that require time for inspection and examination for further verification and clarification, the disciplinary time limit may be extended but must not exceed 150 days.
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Thus, based on the above regulations, the time limit for disciplinary action against officials is the period of time from the discovery of disciplinary violations by officials and officials until the disciplinary decision is issued. of competent agencies and organizations.
The time limit for disciplinary action shall not exceed 90 days; In cases where the case has complicated circumstances that require time for inspection and examination for further verification and clarification, the disciplinary time limit may be extended but must not exceed 150 days.
What are the cases of dismissal for disciplinary reasons for Vietnamese officials?
Pursuant to the provisions of Article 13 of Decree 112/2020/ND-CP, officials are disciplined and forced to quit their jobs as follows:
Dismissal for disciplinary reasons for officials
The disciplinary form of dismissal applies to officials who commit violations in one of the following cases:
1. Having been disciplined in the form of dismissal for officials holding leadership or management positions or salary reduction for officials not holding leadership or management positions but re-offending;
2. Committing a first-time violation, causing particularly serious consequences in one of the cases specified in Article 8 of this Decree;
3. Using fake or illegal diplomas, certificates, certificates or confirmations to be recruited to agencies, organizations or units;
4. Drug addiction; In this case, there must be a conclusion from a medical facility or notification from a competent authority;
5. In addition to the provisions in Clause 1, Clause 2, Clause 3 and Clause 4 of this Article, the disciplinary form of dismissal is also applied to officials holding leadership or management positions who commit the first violation. , causing particularly serious consequences in one of the cases specified in Clause 3, Article 9 of this Decree.
Accordingly, officials will be disciplined and forced to quit their jobs if they commit violations in one of the following cases:
- Having been disciplined in the form of dismissal for officials holding leadership or management positions or salary reduction for officials not holding leadership or management positions but re-offending;
- Committing a first-time violation, causing particularly serious consequences in one of the cases specified in Article 8 of this Decree;
- Using fake or illegal diplomas, certificates, certificates or confirmations to be recruited to agencies, organizations or units;
- Drug addiction; In this case, there must be a conclusion from a medical facility or notification from a competent authority;
- In addition to the provisions in Clause 1, Clause 2, Clause 3 and Clause 4 of Article 13 of Decree 112/2020/ND-CP, the disciplinary form of dismissal is also applied to officials holding leadership or management positions who commit the first violation, causing particularly serious consequences in one of the cases specified in Clause 3, Article 9 of Decree 112/2020/ND-CP.
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