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Evaluation and Classification of Officials and Public Employees Subject to Disciplinary Actions as Stipulated in the Latest Decree

How are the evaluation and classification of officials and public employees who are disciplined regulated under the latest Decree? Your question from T.P in Hanoi.

New Regulations on Evaluating and Ranking Officials and Public Employees Sanctioned for Disciplinary Actions

On July 17, 2023, the Government of Vietnam issued Decree 48/2023/ND-CP, amending and supplementing a number of articles in Decree 90/2020/ND-CP dated August 13, 2020, on the evaluation and ranking of the quality of officials and public employees.

Clause 1, Article 1 of Decree 48/2023/ND-CP has supplemented regulations for evaluating and ranking officials and public employees sanctioned by the Party or administrative discipline, by adding Clause 5 after Clause 4, Article 2 of Decree 90/2020/ND-CP.

To be specific, as follows:

Principles for Evaluating and Ranking the Quality of Officials and Public Employees

...

5. Officials and public employees sanctioned by the Party or administrative disciplinary actions will be evaluated and ranked as follows:

a) Officials and public employees sanctioned by the Party or administrative discipline in the evaluation year will be ranked as not completing their duties, except in cases stipulated in Point b of this Clause.

b) In cases where the violation has not yet been decided upon by a competent authority but has already been used as a basis for evaluating and ranking the quality as not completing duties in the evaluation year, any disciplinary decision issued after the evaluation year for that violation (if any) will not be counted towards evaluating and ranking the quality in the year of the disciplinary decision.

c) In cases where officials and public employees, who are Party members, are sanctioned by both the Party and administrative discipline for the same violation but the Party disciplinary decision and the administrative disciplinary decision do not take effect in the same evaluation year, it will only be counted as a basis for ranking quality for one evaluation year.

Officials and public employees sanctioned in the evaluation year will be ranked as not completing their duties, except where the violation has not yet been decided upon by a competent authority.

In cases where there is no disciplinary decision within the evaluation year but the official or public employee has been evaluated and ranked as not completing duties for that violation, any disciplinary decision issued after the evaluation year (if any) will not be counted towards evaluating and ranking the quality in the year of the disciplinary decision.

In cases where officials and public employees, who are Party members, are sanctioned by both the Party and administrative discipline for the same violation but the Party disciplinary decision and the administrative disciplinary decision do not take effect in the same evaluation year, it will only be counted as a basis for ranking quality for one evaluation year.

How are officials and public employees sanctioned for disciplinary actions evaluated and ranked under the latest Decree?

How are officials and public employees sanctioned for disciplinary actions evaluated and ranked under the latest Decree?

When do the new regulations on evaluating and ranking officials and public employees take effect?

Regarding the effective date, based on the provisions in Article 2 of Decree 48/2023/ND-CP, it is as follows:

Implementation Provisions

1. This Decree takes effect from September 15, 2023.

2. Cases of quality ranking results made before the effective date of this Decree will not be reconsidered. In cases where competent authorities carry out the evaluation and ranking of the quality of officials and public employees before this Decree comes into effect, it will continue to apply the regulations in force at that time.

The revised Decree on evaluating and ranking officials and public employees officially takes effect from September 15, 2023.

Are quality ranking results before September 15, 2023, reconsidered?

Based on the provisions in Clause 2, Article 2 of Decree 48/2023/ND-CP, it is as follows:

Implementation Provisions

...

2. Cases of quality ranking results made before the effective date of this Decree will not be reconsidered. In cases where competent authorities carry out the evaluation and ranking of the quality of officials and public employees before this Decree comes into effect, it will continue to apply the regulations in force at that time.

Thus, for officials and public employees who had quality ranking results before September 15, 2023 (the effective date of the new regulations), such results will not be reconsidered.

In cases where competent authorities conduct the evaluation and ranking of the quality of officials and public employees before Decree 48/2023/ND-CP takes effect, they will continue to apply the regulations in force at that time.

Decree 48/2023/ND-CP amending and supplementing several articles on the evaluation and ranking of the quality of officials and public employees takes effect from September 15, 2023.

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