Can a leader-level public official waiting for a disciplinary decision be reappointed?

Based on Clause 5, Article 49 of Decree 138/2020/ND-CP, the regulations are as follows:

Cases where the re-appointment process or the extension of a leadership or management position is not implemented:

- Leaders and managers who are under disciplinary action or are being investigated, prosecuted, or tried;

- Leaders and managers who are abroad by decision of a competent agency or organization for study or work for a period of 03 months or more;

- Leaders and managers who are undergoing inpatient treatment for 03 months or more at medical facilities or are on maternity leave.

According to Clause 16, Article 1 of the 2019 Revised Law on Cadres, Officials, and Public Employees, the regulations are as follows:

- The timeframe for handling disciplinary actions against officials is the period from the detection of an official’s disciplinary violation to the issuance of a disciplinary decision by a competent authority.

- The timeframe for handling disciplinary actions is not to exceed 90 days; in case of complex issues requiring investigation and clarification, the timeframe may be extended but not exceed 150 days.

According to the regulations above, the timeframe for handling disciplinary actions against officials is the period from when the disciplinary violation is detected until the issuance of a disciplinary decision. This can be understood as the period from when the violation is detected until the disciplinary decision is made.

Therefore, according to the above regulations, leaders and managers who are awaiting a disciplinary decision shall not undergo the re-appointment process.

Respectfully!