How to handle unintentional disclosure of secrets or loss of military secret documents in Vietnam? What are the procedures for disciplining?
- How to handle unintentional disclosure of secrets or loss of military secret documents in Vietnam?
- What are the procedures for disciplining when unintentionally disclosing secrets or losing military secret documents in Vietnam?
- What is the statute of limitations and time limit for disciplining when unintentionally disclosing secrets or losing military secret documents in Vietnam?
How to handle unintentional disclosure of secrets or loss of military secret documents in Vietnam?
Pursuant to Clause 1, Article 22 of Circular 16/2020/TT-BQP stipulating as follows:
Unintentionally disclosure of secrets or loss of military secret documents
1. Unintentionally disclosing secrets or losing documents of military secrets or State secrets but not yet to the point of being prosecuted for penal liability, they will be disciplined from warning to lowering pay step or military rank.
Thus, those who unintentionally disclose secrets or lose documents of military secrets or State secrets but not yet to the point of being prosecuted for criminal liability will be disciplined from warning to lowering pay step or military rank.
However, based on Clause 2, Article 22 of Circular 16/2020/TT-BQP, if one of the following cases is violated:
- Have been disciplined but continue to violate;
- Influencing the failure to complete the tasks of the unit or adversely affecting the reputation and honor of others;
- You are performing an important task yourself;
- There is an unstable political security situation in the region.
They will be disciplined from lowering pay step or military rank to demotion, dismissal.
How to handle unintentional disclosure of secrets or loss of military secret documents in Vietnam? What are the procedures for disciplining?
What are the procedures for disciplining when unintentionally disclosing secrets or losing military secret documents in Vietnam?
Pursuant to the provisions of Article 41 of Circular 16/2020/TT-BQP stipulating the order and procedures for disciplinary handling when unintentionally disclosing secrets or losing military secret documents as follows:
- Violators must self-criticize in writing, in front of a collective of agencies and units, and receive disciplinary action. If the violator is absent and does not self-criticize, the agency or unit shall conduct verification at the family or locality where the violator resides and make a record of the violator's absence.
Verification minutes are published in front of agencies and units and have the same value as the self-criticism of the violator.
- Collectives of agencies and units analyze, criticize and comment on violations and propose disciplinary measures. If the violator is absent, based on the verification minutes, violation records and disciplinary violations of the violator, the collective agency or unit organizes a meeting to analyze, critique and participate in comments and suggestions for disciplining.
- The commander must examine and verify directly or authorize a competent authority to directly meet the violator so that the violator can present his/her opinions. If the violator is absent, the commander will base on the verification record and the violation file to conclude on the violation act and the form of discipline for the violator.
- Conclusion on disciplinary violations.
- Report to the competent Party committee for consideration and approval (if any).
- Make decisions or request competent authorities to issue disciplinary decisions according to decentralized powers.
- Organize the announcement of the disciplinary decision, report it to the top and keep the records in the unit.
What is the statute of limitations and time limit for disciplining when unintentionally disclosing secrets or losing military secret documents in Vietnam?
Pursuant to the provisions of Article 43 of Circular 16/2020/TT-BQP stipulating the statute of limitations and time limit for disciplining when unintentionally disclosing secrets or losing military secret documents are as follows:
- The statute of limitations for disciplining is 60 months from the time of violation. If within the statute of limitations for disciplining, the violator commits a new violation, the statute of limitations for disciplining for the old violation shall be recalculated from the time of committing the new violation.
However, the statute of limitations does not apply to:
+ Violations to the point of disciplinary deprivation of officer rank and military title;
+ Acts of violating regulations on the protection of internal politics;
+ Acts of violation infringing upon national interests in the field of national defense, security and foreign affairs;
+ Acts of using fake or illegal diplomas, certificates, certificates, certifications and soldiers, civil servants, workers and defense officials who are Party members commit acts of violation to the extent that they must be disciplined by form of expulsion.
- The time limit for disciplinary handling is 3 months. In case the case contains complicated circumstances that require examination, verification and clarification, the time limit for disciplinary handling may be extended but must not exceed 5 months.
- In case the disciplinary violator is related to the case or case being investigated, prosecuted or tried by procedural agencies, during the investigation, prosecution and trial, the temporary unit shall stop the disciplinary review.
When there is a final conclusion of a competent legal authority or a legally effective court judgment, disciplinary action will be considered according to regulations. The time limit for disciplinary consideration is 3 months. In case the case contains complicated circumstances that require examination, verification and clarification, the time limit for disciplinary handling may be extended but must not exceed 5 months.
Thus, the statute of limitations for disciplining for unintentionally disclosing secrets or losing military secret documents is 60 months from the date of violation.
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