Is it necessary to establish a public employee disciplinary council when there is a decision to discipline Party members in Vietnam?

Hello, Lawnet would like to answer as follows:

1. Disciplinary actions for public employees

According to the provisions of Article 6 of Decree 112/2020/ND-CP on disciplinary actions, as follows:

- Officials and public employees who violate regulations on the obligations of officials, civil servants, and public employees; prohibited acts of officials and public employees; internal rules and regulations of agencies, organizations, and units; Violating ethics, lifestyle, or other laws while performing public duties will be considered for disciplinary action.

- The level of violation is determined as follows:

+ A violation that causes less serious consequences is a violation that has a small nature and level of harm, has an internal impact, and affects the reputation of the agency, organization, or work unit.

+ Violations that cause serious consequences: violations that have the nature, extent, and great harm, impact beyond the internal scope, and cause bad public opinion among officials, civil servants, public employees, and the people.
  reduces the reputation of agencies, organizations, and working units.

+ Violations cause very serious consequences: a violation of great nature, extent, and harmful effects, affecting the entire society, causing very angry public opinion among cadres, civil servants, public employees, and the people, and discrediting the agency, organization, or work unit.

|+ Violations cause particularly serious consequences: a violation of a particularly great nature, extent, and harmful effects, with a far-reaching impact on the entire society, causing particularly urgent public opinion among cadres, civil servants, public employees, and the people, discrediting the agency, organization, or work unit.

Thus, officials will be considered for disciplinary action when they violate the rules and regulations of the agency, organization, or unit; violate ethics or lifestyle, or violate other laws when performing official duties. Depending on the level of the violation, there will be corresponding disciplinary measures against officers.

2. Forms of disciplinary action against public employees

According to the provisions of Article 15 of Decree 112/2020/ND-CP on disciplinary forms for public employees, including:

- Applicable to officials who do not hold management positions

+ Reprimand.

+ Warning.

+ Forced to quit job.

- Applies to management officials

+ Reprimand.

+ Warning.

+ Dismissal.

+ Forced to quit job.

Note: Officials who are disciplined in one of the forms prescribed above may also be restricted from performing professional activities according to relevant laws.

3. Is it necessary to establish a public employee disciplinary council when there is a decision to discipline Party members?

According to Article 34 of Decree 112/2020/ND-CP regulations on public employee disciplinary council are as follows:

- The authority with disciplinary authority shall decide to establish a Disciplinary Council to advise on the application of disciplinary measures to officials who commit violations.

- Working principles of the Disciplinary Council:

+ The Disciplinary Council meets when there are 03 or more members attending, including the Chairman of the Council and the Secretary of the Council.

+ The Disciplinary Council recommends applying disciplinary action through secret ballot.

+ The meeting of the Disciplinary Council must be recorded in minutes, clearly showing the opinions of the attending members and the results of voting to recommend disciplinary action.

+ The Disciplinary Council will self-dissolve after completing its tasks.

- Cases where a Disciplinary Council is not established:

+ There has been a conclusion from a competent agency or organization about the violation, including proposed disciplinary action.

+ There has been a decision to discipline the Party.

Thus, when a Party member has a decision to take disciplinary action against the Party, an employee will not be able to establish a disciplinary council. In addition, in the cases specified above, conclusions about violations will be used without re-investigation or verification.

Key word: Party members | public employee | disciplinary action | in Vietnam | Vietnam |

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