Shall Vietnamese officials who dare to think and act be exempt from discipline? Shall officials who dare to think and act be promoted beyond their rank?
What forms of discipline are there for Vietnamese officials?
Based on the provisions of Article 7 Decree 112/2020/ND-CP as follows:
Forms of discipline for officials
1. Applicable to officials
a) Reprimand.
b) Warning.
c) Demotion.
d) Removal from office.
2. Applicable to officials not holding leadership or management positions
a) Reprimand.
b) Warning.
c) Salary reduction.
d) Dismissal.
3. Applicable to officials holding leadership or management positions
a) Reprimand.
b) Warning.
c) Demotion.
d) Removal from office.
dd) Dismissal.
According to the above regulations, there are currently 4 forms of discipline for officials, including:
- Reprimand.
- Warning.
- Demotion.
- Removal from office.
Shall Vietnamese officials who dare to think and act be exempt from discipline? Shall officials who dare to think and act be promoted beyond their rank?
Shall Vietnamese officials who dare to think and act be exempt from discipline?
Based on the provisions of Article 3 Draft 2 Decree on Encouragement and Protection of Dynamic, Creative, and Bold Officials who dare to think and act for common interests as follows:
Principles of encouragement and protection
The encouragement and protection of dynamic, creative, and bold officials who dare to think and act for common interests must ensure the following principles:
1. Encourage every official to be dynamic, creative, daring to think and act for common interests within the scope of their assigned responsibilities, tasks, and powers.
2. The encouragement and protection of officials must be conducted promptly, democratically, publicly, transparently according to regulations; ensuring conditions for application, right subjects, procedures according to this Decree and other relevant legal documents.
3. Officials with new ideas, bold approaches to solve bottlenecks and issues without regulations or with outdated regulations can be encouraged and protected but must ensure not to violate the Constitution and the rules of the Communist Party.
4. Dynamic, creative, bold officials who dare to think and act for common interests and are authorized by competent authorities, but cause damage in implementation, the competent authority must clearly determine objective and subjective causes, assess objectively and comprehensively the content, nature, extent, and consequences of the damage; if performing in a sincere motive, for common interests, they will be exempt from handling according to Clause 2, Article 9 of this Decree.
5. Officials taking advantage of the policy of encouragement and protection of officials to perform or cover for self-serving, corrupt, negative, disciplinary violations of the Communist Party and State laws will be strictly handled according to law.
According to the above regulations, dynamic, creative, and bold officials who dare to think and act for common interests and are authorized by competent authorities to carry out, but cause damage in implementation, the competent authority will determine the causes. When implementing the approved plans or projects with a sincere motive for common interests, they will be exempt from handling, as stated in Clause 2, Article 9 of Draft 2 Decree on Encouragement and Protection of Dynamic, Creative, and Bold Officials who dare to think and act for common interests.
Therefore, officials who dare to think and act will be exempt from discipline if this proposal is approved.
Shall Vietnamese officials who dare to think and act be promoted beyond their rank?
Based on Article 8 Draft 2 Decree on Encouragement and Protection of Dynamic, Creative, and Bold Officials who dare to think and act for common interests as follows:
Encouragement of officials
1. Dynamic, creative, bold officials who dare to think, act, and bear responsibility for common interests, when proposing innovations, plans, or projects approved and implemented to create positive changes, bringing practical value and efficiency in performing their duties, will be encouraged by the following forms:
a) Commendation, recognition in front of the agency, unit, and rewarded according to regulations on emulation and reward. In the annual performance review, they will be rated as outstandingly completing tasks;
b) Preferred, given conditions in training, fostering, and implementing other policies for officials;
c) Planned and promoted to a higher position or appointed, planned beyond their rank.
2. The direct management agency of the officials should acknowledge, apply and expand, protect the innovative and creative results; create conditions, support materially and spiritually, and other appropriate encouragement forms according to the organization, operation, and locality of the agency or unit where the officials work.
3. Officials with ideas, inventions, or creations outside their assigned duties and tasks will be encouraged and protected according to laws on intellectual property, science, technology, and other related laws.
According to the above regulations, to encourage officials who dare to think and act, the Ministry of Home Affairs has proposed that dynamic, creative, bold officials who dare to think and act and bear responsibility will be planned, promoted to a higher position or appointed, planned beyond their rank.
View the full Draft 2 Decree on Encouragement and Protection of Dynamic, Creative, and Bold Officials who dare to think and act for common interests: Here
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