When to apply the dismissal discipline to cadres and civil servants in Vietnam? What is the order of disciplinary procedures for civil servants?
When to apply the disciplinary form of dismissal to cadres and civil servants in Vietnam?
Pursuant to Article 12 of Decree 112/2020/ND-CP on disciplinary handling of cadres,civil servants in Vietnam and public employees, stipulating cases in which the discipline of dismissal is applied to cadres and civil servants in Vietnam. leadership and management as follows:
- Civil servants holding leadership and management positions recidivism for the violations that have been disciplined as follows:
Has been reprimanded, warned and disciplined in the form of demotion for the following acts:
Violation of regulations on ethics and communication culture of cadres and civil servants; provisions of law on performance of duties and responsibilities of officials and public employees; labor discipline; internal rules and regulations of agencies, organizations and units;
+ Taking advantage of the working position for self-seeking purposes; having a bossy, authoritarian attitude or causing difficulties or troubles to agencies, organizations, units or individuals in the performance of their official duties; certify or issue legal documents to ineligible persons;
+ Failure to comply with the decision on mobilization and assignment of work of the competent authority; failure to perform assigned duties without a valid reason; causing disunity in agencies, organizations and units;
+ Violation of the law on: crime prevention and combat; Prevention of social evils; safety and order of society; Anti-corruption; practice thrift, fight waste;
Violation of the law on protection of state secrets;
+ Violations against regulations on complaints and denunciations;
+ Violating regulations on regulations on democratic centralism, regulations on propaganda and speech, and regulations on protection of internal politics;
+ Violations against regulations of law on: investment, construction; land, natural resources and environment; finance, accounting, banking; management and use of public property in the course of official duty performance;
+ Violating the law on: domestic violence prevention and control; population, marriage and family; gender equality; Social Security; other provisions of law related to cadres and civil servants.
- Committing an act of violation for the first time, causing very serious consequences in one of the following cases:
+ Cadres and civil servants holding leadership and management positions fail to properly and fully perform their management and administration responsibilities and tasks as assigned;
+ The head of an agency, organization or unit allows serious violations of the law within the scope of his/her charge without taking preventive measures.
- Having committed an act of violation for the first time, causing particularly serious consequences that are not enough to force dismissal, the violator has an attitude of receptiveness, correction, initiative to remedy the consequences and there are many extenuating circumstances for the employee. violations for the acts listed in Section 1 above.
- Using illegal documents to be elected, approved, appointed to a position.
When to apply the dismissal discipline to cadres and civil servants in Vietnam? What is the order of disciplinary procedures for civil servants?
What is the order and procedure for disciplining officials?
According to Article 21 of Decree 112/2020/ND-CP on disciplining cadres, civil servants in Vietnam and public employees, the order and procedures for disciplining officials are as follows:
"Article 21. Order and procedures for disciplining officials
1. Based on the disciplinary decision of the competent authority, the agency advising on the cadre work of the competent level shall propose the discipline form, the time of disciplinary action and the time disciplinary time. In case the statute of limitations for disciplinary action has expired, it shall be reported to the competent authority specified in Article 20 of this Decree for decision to hold a meeting to review, consider responsibilities and handle it according to its competence.
In the case of falling under the competence of the National Assembly Standing Committee or the Prime Minister, the competent authority to manage and use proposes the form of discipline, the time to handle the discipline and the time for the enforcement of the discipline.
In case of falling under the handling competence of the Prime Minister, the proposal shall be sent simultaneously to the Ministry of Home Affairs for appraisal and report to the Prime Minister for consideration and decision.
If there is no decision on disciplinary action from a competent authority, the order and procedures for disciplinary action against cadres shall comply with the provisions of Clauses 1 and 2, Article 25 of this Decree. The level competent to handle disciplinary actions specified in Article 20 of this Decree shall decide on the composition of the review meeting and the composition of the Disciplinary Council.
2. Competent authorities issue disciplinary decisions."
What is the order and procedure for disciplining civil servants in Vietnam?
According to Article 25 of Decree 112/2020/ND-CP on disciplinary handling of cadres, civil servants in Vietnam and public employees, the order and procedures for disciplining civil servants in Vietnam are as follows:
"Article 25. Order and procedures for disciplining civil servants
Disciplinary action against civil servants shall be carried out according to the following steps:
1. Hold a review meeting;
2. Establishing a Disciplinary Council;
3. Competent authorities issue disciplinary decisions.
If disciplinary action is taken under the decision of a competent authority specified in Clause 4, Article 3 of this Decree, the provisions of Clause 1 of this Article shall not be complied with.
In case a civil servant who commits an illegal act is sentenced to imprisonment by a court but does not enjoy a suspended sentence or is convicted by a court of corrupt behavior, the provisions of Clauses 1 and 2 of this Article shall not be complied with. "
The above are regulations on the order and procedures for disciplinary proceedings against officials and public employees.
Lê Nguyễn Cẩm Nhung