Official with 2 or more violations: What is the disciplinary action? Are they exempt from disciplinary responsibility if deceased?
How is disciplinary action administered for officials with 2 or more violations?
Pursuant to the provisions of Article 2 of Decree 112/2020/ND-CP on principles of disciplinary action for officials as follows:
Principles of Disciplinary Action
1. Objectivity, fairness, transparency, and strictness in accordance with the law.
2. Each violation is subject to disciplinary action once with one form of discipline. At the same time of considering disciplinary action, if officials and public employees have 02 or more violations, then disciplinary action shall be taken for each violation and applied with a higher level of discipline than the heaviest disciplinary action applied to the most severe violation, except in cases of dismissal or expulsion; the violations of officials and public employees shall not be treated separately to apply various disciplinary forms multiple times.
3. If officials and public employees commit violations during the period of implementing a disciplinary decision, the following disciplinary actions shall apply:
a) If the violation is subject to a lighter or equal degree of disciplinary action to the currently enforced disciplinary form, a higher level of discipline than the current one being enforced shall be applied;
b) If the violation is subject to a heavier disciplinary form than the current one being enforced, a higher level of discipline than the one applied to the new violation shall be implemented.
4. When considering disciplinary action, it must be based on the content, nature, extent, harm, causes, aggravating or mitigating circumstances, the attitude towards acknowledging and remedying mistakes, and the consequences caused.
5. Administrative disciplinary forms or party disciplinary forms shall not substitute for administrative disciplinary actions; administrative discipline does not substitute for criminal prosecution if the violation reaches a level subject to criminal handling.
6. In cases where officials and public employees have been subject to party discipline, the corresponding administrative disciplinary form must ensure an equal level against the party discipline. Within 30 days from the date of announcing the party disciplinary decision, the agency, organization, or unit must consider and decide on administrative disciplinary action.
7. All acts infringing on the physical, mental integrity, honor, and dignity of individuals during the disciplinary process are strictly prohibited.
8. If officials and public employees have committed violations for the first time and have been disciplined, and within a period of 24 months from the effective date of the disciplinary decision, commit identical violations, they shall be considered recidivist. Beyond the 24-month period, the violation is considered a first-time violation but counted as an aggravating circumstance when considering disciplinary action.
According to the above regulation, in the case of officials with 2 or more violations, they shall be disciplined for each violation.
Specifically, the disciplinary form applied shall be one degree higher than the disciplinary form for the most severe violation.
Note that the higher disciplinary form is not applicable in cases of dismissal or expulsion.
*How is disciplinary action administered for officials with 2 or more violations? If they have passed away, are they exempted from disciplinary responsibility?*
In which cases are officials not yet subject to disciplinary consideration?
Pursuant to the provisions of Article 3 of Decree 112/2020/ND-CP as follows:
Cases Not Yet Subject to Disciplinary Consideration
1. Officials and public employees during annual leave, leave under policies, or private leave permitted by the competent authority.
2. Officials and public employees undergoing treatment for serious illness or loss of cognitive ability; those seriously ill and requiring inpatient treatment at a hospital with certification from the competent health authority.
3. Female officials and public employees during pregnancy, maternity leave, or nursing children under 12 months old, or male officials and public employees (in case their wife has died or for other objective or force majeure reasons) nursing children under 12 months old.
4. Officials and public employees being prosecuted, detained, held in custody pending the conclusion of the competent investigating, prosecuting, or adjudicating authority regarding the violation, except as decided by the competent authority.
Thus, officials are not yet subject to disciplinary consideration if they fall under the above-mentioned cases.
Are officials with 2 or more violations who have passed away exempt from disciplinary responsibility?
Pursuant to the provisions of Article 4 of Decree 112/2020/ND-CP on cases exempted from disciplinary responsibility as follows:
Cases Exempted from Disciplinary Responsibility
1. Certified by a competent authority of loss of civil act capacity when the violation occurs.
2. Executing the decision of a superior as stipulated in Clause 5, Article 9 of the Law on Officials.
3. Certified by a competent authority of violation in a state of necessity, due to force majeure or objective obstacles according to the provisions of the Civil Code when executing official duties.
4. Officials and public employees with violations subject to disciplinary action but have passed away.
Thus, according to Clause 4, Article 4 of Decree 112/2020/ND-CP, officials who have passed away are exempt from disciplinary responsibility for violations during their service.
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