Procedures for Disciplinary Action Against Officials According to the Latest Regulations: How Are They Implemented? What is the Statute of Limitations for Disciplinary Action Against Officials?
What is the statute of limitations for disciplining officials?
The statute of limitations for disciplining officials as stipulated in Article 5 Decree 112/2020/ND-CP (amended by Decree 71/2023/ND-CP) is as follows:
Statute of limitations and timeframe for disciplinary action
1. The statute of limitations for disciplinary action is the period after which officials and public employees, including those who have retired or resigned, who commit violations, are not subject to disciplinary action. The statute of limitations is calculated from the time the violation occurs. If a new violation occurs within the period of the statute of limitations, then the statute of limitations for the original violation is recalculated from the time the new violation occurs.
2. Determining the time of the violation:
a) For a violation with a defined end time, the time of the violation is calculated from the end time.
b) For a violation that has not yet ended, the time of the violation is calculated from the time it is discovered.
c) For a violation without a defined end time, the time of the violation is calculated from the time a competent authority makes a conclusion.
3. Except as provided in clause 4 of this Article, the statute of limitations for disciplinary action is as follows:
a) 05 years for less serious violations that require a reprimand as a disciplinary measure;
b) 10 years for violations not falling under point a of this clause.
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Unless the statute of limitations for disciplinary action does not apply, the statute of limitations is determined as follows:
- 05 years for less serious violations requiring a reprimand;- 10 years for violations not falling under the above case.
What are the procedures for disciplining officials under the latest regulations? What is the statute of limitations for disciplining officials?
What are the procedures for disciplining officials under the latest regulations?
Based on the provisions of Article 25 Decree 112/2020/ND-CP, as amended by clause 11 Article 1 Decree 71/2023/ND-CP.
The procedure for disciplining officials is carried out in the following steps:
Step 1: Organize a review meeting;
Step 2: Establish a disciplinary council;
Step 3: The competent authority issues a disciplinary decision.
In which:
(1) Step "Organizing a review meeting" is not applicable in cases:
- Disciplinary action for violations at the old agency detected at the new agency as per clause 10 Article 2 Decree 112/2020/ND-CP, supplemented by clause 2 Article 1 Decree 71/2023/ND-CP;
- Disciplinary action according to the decision of the competent authority stipulated in clause 4 Article 3 Decree 112/2020/ND-CP or after a review meeting has been organized under legal regulations and the individual has accepted responsibility for their violation.
(2) Steps "Establish a disciplinary council" and "The competent authority issues a disciplinary decision" are not applicable in cases where:
- A conclusion from a competent authority details the violation, including a specific disciplinary form as per regulations;- Public officials are imprisoned without a suspended sentence or convicted of corruption by a court;- A decision on disciplinary action has already been made by the party, unless the competent authority decides to establish a disciplinary council as per regulations.
Note: For the two above cases, conclusions about the behavior (if any) can be used without re-investigation or verification.
What is the timeframe for disciplining officials?
Based on the provisions of clause 5 Article 5 Decree 112/2020/ND-CP (amended by Decree 71/2023/ND-CP) as follows:
Statute of limitations and timeframe for disciplinary action
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5. The timeframe for disciplining officials and public employees is the period from the detection of the violation by officials and public employees or from the conclusion that officials and public employees have violated the behavior until a disciplinary decision is issued by the competent authority.
The timeframe for disciplinary action must not exceed 90 days; in cases where the matter is complex and requires inspection and verification, the timeframe can be extended but must not exceed 150 days.
The competent authority issuing the disciplinary decision must ensure it is within the prescribed timeframe. If the timeframe expires without issuing a decision, they will be responsible for the delay and must issue a disciplinary decision if the behavior is still within the statute of limitations.
Therefore, the timeframe for disciplining officials is no more than 90 days (calculated from the discovery of the violation by officials or from the conclusion by the competent authority that officials have violated until a disciplinary decision is issued by the competent authority).
If the matter is complex and requires inspection and verification, the timeframe can be extended but must not exceed 150 days.
If this timeframe is exceeded without issuing a disciplinary decision, the competent authority will be responsible for the delay and must issue a disciplinary decision if the behavior is still within the statute of limitations.
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