Provision of legal documents to individuals who are not eligible causing extremely serious consequences for the first-time violation - disciplinary measures?
What acts of an Official will be subject to disciplinary action?
Based on Article 6 of Decree 112/2020/ND-CP, as amended by Clause 5, Article 1 of Decree 71/2023/ND-CP on the disciplinary action of officials and public employees, the following actions of an Official will be subject to disciplinary action:
- An official commits violations of regulations on the obligations of officials and public employees; prohibited activities for officials and public employees; internal rules, regulations of the agency, organization, or unit;
- Violating ethics, lifestyle, violating the law while performing official duties or other violations related to public service activities, and being subject to disciplinary action by the party or unions will be considered for administrative disciplinary action.
Note: The severity of the violation is determined as follows:
- A minor violation causing minor consequences is a violation with small impact within the internal scope, affecting the reputation of the agency, organization, or unit.
- A serious violation causing serious consequences is a violation with significant impact beyond the internal scope, causing bad public opinion among officials, public employees, and the people, reducing the reputation of the agency, organization, or unit.
- A very serious violation causing very serious consequences is a violation with very large impact, affecting the whole society, causing significant public outrage among officials, public employees, and the people, tarnishing the reputation of the agency, organization, or unit.
- A particularly serious violation causing particularly serious consequences is a violation with exceptionally large impact, widely affecting the entire society, causing particularly significant public outrage among officials, public employees, and the people, tarnishing the reputation of the agency, organization, or unit.
Providing legal documents to an ineligible person causing very serious consequences, what are the disciplinary actions for a first-time violation?
Providing legal documents to an ineligible person causing very serious consequences, what are the disciplinary actions for a first-time violation?
Based on Clause 2, Article 8 of Decree 112/2020/ND-CP on the disciplinary action of officials and public employees as follows:
Applying the disciplinary form of reprimand to an official
The form of reprimand is applied to an official for a first-time violation causing minor consequences, except for violations specified in Clause 3, Article 9 of this Decree, in one of the following cases:
1. Violating regulations on ethics, communication culture of officials; legal regulations on performing duties and responsibilities of officials; labor discipline; internal rules, regulations of the agency, organization, or unit;
2. Abusing the position for personal gain; having an arrogant, authoritarian attitude or causing difficulties and troubles for agencies, organizations, units, or individuals in the performance of public duties; certifying or issuing legal documents to ineligible persons;
...
Based on Clause 2, Article 10, Clause 3, Article 11 of Decree 112/2020/ND-CP on the disciplinary action of officials and public employees, it is stipulated as follows:
Applying the disciplinary form of salary reduction to an official without leadership or managerial position
The form of salary reduction is applied to an official without a leadership or managerial position in one of the following cases:
1. Previously disciplined with a warning according to Article 9 of this Decree and re-offending;
2. Having a first-time violation causing very serious consequences in one of the cases specified in Article 8 of this Decree.
Applying the disciplinary form of demotion to an official with a leadership or managerial position
The form of demotion is applied to an official with a leadership or managerial position in one of the following cases:
1. Previously disciplined with a warning according to Article 9 of this Decree and re-offending;
2. Having a first-time violation causing serious consequences in one of the cases specified in Clause 3, Article 9 of this Decree;
3. Having a first-time violation causing very serious consequences in one of the cases specified in Article 8 of this Decree.
Therefore, if an official first-time issues legal documents to ineligible persons causing very serious consequences, the disciplinary actions will be as follows:
- The disciplinary form of demotion applies to an official with a leadership or managerial position.
- The disciplinary form of salary reduction applies to an official without a leadership or managerial position.
Do officials have the right to appeal against the disciplinary decision?
Based on Article 42 of Decree 112/2020/ND-CP on the appeal against disciplinary decisions as follows:
Appeal against disciplinary decision
Officials and public employees subject to disciplinary action have the right to appeal against the disciplinary decision according to the provisions of the law on complaints.
Thus, according to legal regulations, an official subject to disciplinary action has the right to appeal against the disciplinary decision in accordance with the provisions of the law on complaints.
LawNet