Which individuals are not allowed to participate in the Disciplinary Council in handling violations of civil servants or public employees in Vietnam?

What are components of the disciplinary council for civil servants who have committed violations in Vietnam?

Pursuant to Article 28 of Decree 112/2020/ND-CP amended by Clause 13, Article 1 of Decree 71/2023/ND-CP, the Disciplinary Council for civil servants who commit violations includes the following components:

(1) In case a civil servant commits a violation and does not hold a leadership or management position

The Disciplinary Council has 5 members, including:

- The Chairman of the Council is the head or deputy head of the civil servant management agency or the agency decentralized to manage civil servants;

- 01 Council member is the head or deputy head of the agency or unit directly employing civil servants;

- 01 Council member is a representative of the Party Committee of the agency or unit that directly employs civil servants;

- 01 Council member is a representative of the trade union executive committee of the civil servant management agency or the agency decentralized to manage civil servants;

- 01 Member cum Secretary of the Council is the representative of the agency that advises on the organization and personnel work of the civil servant management agency or the agency decentralized to manage civil servants.

(2) In case the violating civil servant holds a leadership or management position

The Disciplinary Council has 5 members, including:

- The Chairman of the Council is the head or deputy head of the civil servant management agency or the agency decentralized to manage civil servants;

- 01 Council member is the head or deputy head of the agency or unit directly employing civil servants;

- 01 Council member is a representative of the party organization of the civil servant management agency or the agency decentralized to manage civil servants;

- 01 Council member is a representative of the trade union executive committee of the civil servant management agency or the agency decentralized to manage civil servants;

- 01 Member cum Secretary of the Council is the representative of the agency that advises on the organization and personnel work of the civil servant management agency or the agency decentralized to manage civil servants.

(3) In case commune-level civil servants commit violations

The Disciplinary Council has 5 members, including:

- The Chairman of the Council is the Chairman or Vice Chairman of the district-level People's Committee;

- 01 Council member is a representative of the district-level Labor Federation;

- 01 Council member is the leadership representative of the commune-level People's Committee whose civil servant is considered for disciplinary action;

- 01 Council member is the representative of the leader of the district-level professional department directly managing the expertise and skills of the commune-level civil servant being considered for disciplinary action or the representative of the leader of the district-level Military Command.

- 01 Member and Secretary of the Council is the representative of the district-level Department of Internal Affairs.

What are members of the Disciplinary Council for public employees who commit violations in Vietnam?

Pursuant to Article 35 of Decree 112/2020/ND-CP amended by Clause 18, Article 1 of Decree 71/2023/ND-CP regulating the composition of the Disciplinary Council for public employees who commit violations:

(1) In case the violating public employee does not hold a management position and the public service unit managing the public employee does not have a constituent unit

The Disciplinary Council has 03 members, including:

- The Chairman of the Council is the head or deputy head of the public service unit managing public employees;

- 01 Council member is the representative of the trade union executive committee of the public service unit managing public employees;

- 01 Member and Secretary of the Council is the representative of the agency advising on the organization and cadre work of the public service unit managing public employees.

(2) In case the violating public employee does not hold a management position and the public service unit managing the public employee has a constituent unit

The Disciplinary Council has 5 members, including:

- The Chairman of the Council is the head or deputy head of the public service unit managing public employees or assigned to manage public employees;

- 01 Council member is the head or deputy head of the unit directly employing the officer;

- 01 Council member is the representative of the Party Committee of the unit directly employing the officer;

- 01 Council member is a representative of the trade union executive committee of the public service unit managing public employees or the unit decentralized to manage public employees;

- 01 Member and Secretary of the Council is the representative of the agency advising on the organization and cadre work of the public service unit managing public employees.

(3) In case a management officer commits a violation

The Disciplinary Council has 5 members, including:

- The Chairman of the Council is the head or deputy head of the agency, organization or unit with the authority to appoint, approve or decide to recognize public employees;

- 01 Council member is the head or deputy of the head of the management unit or assigned to manage an employee;

- 01 Council member is a representative of the party organization of the public service unit managing public employees or the unit decentralized to manage public employees;

- 01 Council member is a representative of the union executive committee of the public employee management unit or the unit assigned to public employee management;

- 01 Member cum Secretary of the Council is the representative of the agency advising on the organization and staffing of agencies, organizations and units with authority to discipline public employees.

Who are not allowed to participate in the Disciplinary Council to handle violations of civil servants and public employees in Vietnam?

Pursuant to Clause 11, Article 2 of Decree 112/2020/ND-CP amended and supplemented by Clause 2, Article 1 of Decree 71/2023/ND-CP stipulating principles applied in disciplining officials and public employees. position:

Principles of disciplinary action

...

11. Do not nominate a spouse, biological father, or biological mother; father-in-law, mother-in-law, adoptive father, adoptive mother; biological children, adopted children; siblings; aunts, uncles; siblings of the spouse; The spouse of a sibling or person with rights and obligations related to the violation being considered for disciplinary action is a member of the Disciplinary Council or the chairperson of the review meeting.

Thus, in cases where civil servants and public employees commit violations, the following subjects are not allowed to participate in the Disciplinary Council to handle violations:

- Wife, husband, biological father, biological mother;

- Father-in-law, mother-in-law, adoptive father, adoptive mother;

- Biological and adopted children;

- Siblings;

- Aunts, uncles;

- Brothers-in-law, sisters-in-law;

- Spouses of siblings;

- Persons with rights and obligations related to violations are considered for disciplinary action;

Best regards!