Principles for Implementing the Dismissal of Officials: What Are the Regulations? What Is the Procedure for Considering the Dismissal of Officials?
What is Dismissal of Cadres? What are the Principles for Implementing Cadre Dismissal?
Clause 1, Article 2 of Regulation 41-QD/TW of 2021 defines "dismissal" as follows:
Dismissal is the decision by the competent authority to dismiss a cadre from a position before the end of the term or appointment period due to failure to meet job requirements, decreased credibility, or violations that fall short of dismissal for discipline.
Dismissal of a cadre can be understood as the cadre stepping down from their position based on the decision of the competent authority when they no longer meet job requirements, have decreased credibility, or have committed violations that do not warrant dismissal for discipline.
Regarding the principles of cadre dismissal, Article 3 of Regulation 41-QD/TW of 2021 stipulates as follows:
Principles
1. The Communist Party uniformly leads the cadre work and manages the cadre team; ensuring the principles of democratic centralism and the principles and regulations of the Communist Party and State laws.
2. Party committees, party organizations, collective leadership, agencies, and units, especially heads, must uphold responsibility in dismissal and resignation of cadres.
3. Decisively and promptly consider dismissal and resignation of cadres when there are sufficient grounds. Do not allow resignation for cadres who fall under the cases of mandatory dismissal.
Thus, the dismissal of cadres is carried out following the above three principles.
Principles for Implementing Cadre Dismissal and Regulations for Reviewing Cadre Dismissal
In What Cases Are Cadres Dismissed?
According to Article 5 of Regulation 41-QD/TW of 2021, the grounds for considering dismissal of cadres are as follows:
Grounds for Considering Dismissal
The consideration for dismissal of cadres is based on one of the following cases:
1. Disciplinary warning or reprimand but credibility decreases so they cannot hold the assigned position.
2. Disciplinary reprimand twice or more within the same term or appointment period.
3. More than 2/3 of the votes of no confidence at the vote collection session per regulations.
4. Ranked as not completing tasks for two consecutive years.
5. Concluded by the competent authority to be retrograded in political ideology, ethics, lifestyle, "self-evolution", or "self-transformation"; violating prohibitions for party members; violating the responsibility to set an example, negatively affecting the credibility of oneself and the agency or unit where working.
6. Concluded by the competent authority to violate the political standards regulations on internal political protection of the Communist Party to the extent of dismissal.
A cadre will be considered for dismissal if they fall under one of the six cases mentioned above. For cadres in leadership positions, according to Article 7 of Regulation 41-QD/TW of 2021:
Grounds for Considering Dismissal or Resignation Related to the Responsibility of Leaders
The consideration for dismissal or resignation related to the responsibility of leaders when the competent authority concludes that the agency or unit under management or direct supervision has serious corruption or negative incidents; based on one of the following cases:
1. Dismissal of leaders when allowing the agency or unit under management or direct supervision to have serious corruption or negative incidents.
2. Leaders abusing their position or power to cover up, protect, or abet corruption or negativity, subject to consideration for resignation depending on the nature, extent of violations.
3. Resignation for leaders when allowing the agency or unit under management or direct supervision to have significant corruption or negative incidents.
Thus, the dismissal of cadres is carried out in the cases mentioned above depending on the position and title of the cadre.
How is the Review Process for Cadre Dismissal Regulated?
The review process for cadre dismissal is regulated in Article 8 of Regulation 41-QD/TW of 2021:
Review Process for Dismissal or Resignation
1. When there are sufficient grounds for dismissal or resignation, within no more than 10 working days, the party committee, party organization, collective leadership, head of the agency or unit using the cadre, or the agency advising on cadre work must consult with the cadre and propose the competent authority for consideration and decision.
2. The competent authority must review and decide the dismissal or resignation within 10 working days; if necessary for objective reasons, it may be extended but not exceed 15 working days.
3. Based on the decision of the competent authority, relevant institutions shall implement the procedures, in accordance with the Communist Party regulations, State laws, statutes, and operational regulations of each organization.
Thus, the dismissal of cadres is carried out according to the above process. Within 10 working days, the competent authority will review and decide on the dismissal of cadres when there are sufficient grounds for dismissal.
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