What are the procedures for issuing temporary work suspension decisions and temporary reassignment decisions for persons holding positions and authorities in Vietnam?
- What are the procedures for issuing temporary work suspension decisions and temporary reassignment decisions for persons holding positions and authorities in Vietnam?
- What is the basis for issuance of temporary work suspension decisions and temporary reassignment decisions in Vietnam?
- Who has the authority to handle the procedures for issuance of temporary work suspension decisions and temporary reassignment decisions for persons holding positions and authorities in Vietnam?
What are the procedures for issuing temporary work suspension decisions and temporary reassignment decisions for persons holding positions and authorities in Vietnam?
Pursuant to the provisions in Section 4 of the Administrative Procedures issued with Decision 457/QD-TTCP in 2023, which regulates the procedures for issuing temporary work suspension decisions and temporary reassignment decisions for individuals holding positions and authorities as follows:
- Within a period of 05 working days from the date of the temporary work suspension decision or temporary reassignment decision, the head of the agency, organization, or unit that made the decision or the person with the authority to manage the individual holding the position and authority shall decide on the temporary work suspension or temporary reassignment for the individual holding the position and authority.
- The choice to apply the measure of temporary work suspension or temporary reassignment for the individual holding the position and authority is made by the head of the agency, organization, unit, or the person with the authority to manage the officials, civil servants, and employees based on the nature and severity of each specific incident and the requirements for the arrangement and use of officials, civil servants, and employees within that agency, organization, or unit.
- The temporary work suspension decision or temporary reassignment decision must clearly state the full name of the individual holding the position and authority, the duration of the temporary work suspension or temporary reassignment, the reason for the temporary work suspension or temporary reassignment, the rights and obligations of the individual holding the position and authority who is subject to the temporary work suspension or temporary reassignment, and the effectiveness of the decision.
- The temporary work suspension decision or temporary reassignment decision for the individual holding the position and authority must be sent to the individual being temporarily suspended, the individual being temporarily reassigned, the agency, organization, or unit where the individual is currently working, and the receiving unit where the individual is temporarily reassigned to work.
What are the procedures for issuing temporary work suspension decisions and temporary reassignment decisions for persons holding positions and authorities in Vietnam?
What is the basis for issuance of temporary work suspension decisions and temporary reassignment decisions in Vietnam?
Pursuant to the provisions in Section 4 of the Administrative Procedures issued with Decision 457/QD-TTCP in 2023, the basis for issuance of temporary work suspension decisions and temporary reassignment decisions includes:
- The decision to temporarily suspend work or temporarily reassign an individual in a position of authority can only be made if there is a basis to believe that the person has committed a legal violation related to corruption and could create difficulties in the investigation and handling if they continue to work.
- The basis for determining that an individual in a position of authority has committed a legal violation related to corruption can be established in the following cases:
+ There is a written request from the Inspectorate, State Audit Office, Investigative Agency, People's Procuracy, or People's Court.
+ Verification and clarification of the contents of a denunciation reveal that the individual in a position of authority has engaged in corrupt activities.
+ Internal self-inspection within the agency, organization, or unit discovers that the individual in a position of authority has engaged in corrupt activities.
+ Through management, guidance, and administration, it is discovered that the individual in a position of authority has committed a legal violation related to the performance of duties, tasks, financial management, or use of public assets.
+ The individual in a position of authority can be considered to create difficulties in the investigation and handling by competent state agencies if they exhibit any of the following behaviors:
++ Refusing to provide information or providing incomplete or false information.
++ Intentionally delaying or evading the requirements of the competent authorities during the verification and clarification of corrupt activities.
++ Unauthorized removal of sealed documents, destruction of information, documents, or evidence, or dispersal of assets related to legal violations.
++ Exploiting their position, authority, or influence, or using other means to conceal their legal violations and create difficulties in the verification and clarification process.
Who has the authority to handle the procedures for issuance of temporary work suspension decisions and temporary reassignment decisions for persons holding positions and authorities in Vietnam?
According to the provisions in Section 4 of the Administrative Procedures issued with Decision 457/QD-TTCP in 2023, the authority to handle the procedures for issuance of temporary work suspension decisions and temporary reassignment decisions for persons holding positions and authorities is as follows:
- The head of the state agency, organization, or unit, including:
State agencies, political organizations, socio-political organizations, armed forces units, public administrative units, state-owned enterprises, and other organizations or units established, invested in, funded, directly managed, or involved in management by the state; individuals in positions of authority in state agencies, organizations, units, and other relevant agencies, organizations, or individuals involved in anti-corruption efforts.
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