Can a Person Dismissed for Corruption Apply for an Official Position in the Department of Natural Resources and Environment?

Can an official apply for a job at the Department of Natural Resources and Environment if they previously had been dismissed for corruption? Procedures for disciplinary actions against officials involved in corruption?I was subject to disciplinary action resulting in dismissal due to corruption while holding the position of Deputy Director of the Department of Natural Resources and Environment of X Province. Two years after the effective date of the disciplinary decision for dismissal, I intend to apply for the position of specialist at the Department of Natural Resources and Environment of Y District (under Z Province). Will my application be accepted?

Will the official application be accepted if they were dismissed for corruption two years prior?

Based on Point c Clause 2 Article 39 of Decree No. 112/2020/ND-CP regarding officials being disciplined with expulsion as follows:

c) After 12 months from the effective date of the decision on disciplinary expulsion, officials who were disciplined with expulsion have the right to apply for recruitment into state agencies, organizations, or units. In cases where officials were disciplined with expulsion due to corruption, embezzlement, or violation of public service ethics, they are not allowed to apply for recruitment to agencies or positions related to the tasks or duties they previously held.

Accordingly, you were disciplined with expulsion for acts of corruption while holding the position of Deputy Director of the Department of Natural Resources and Environment of province X; therefore, you are not allowed to apply for recruitment to agencies or positions related to the tasks or duties previously held. Consequently, your application for the position of Specialist at the Natural Resources and Environment Division of district Y (belonging to province Z) will not be accepted.

Procedures for disciplining officials involved in corruption

Based on Article 25 of Decree No. 112/2020/ND-CP regarding procedures for disciplining officials involved in corruption as follows:

The disciplinary process for officials is conducted according to the following steps:

  1. Organize a review meeting;

  2. Establish a disciplinary council;

  3. The authorized level issues the disciplinary decision.

If the disciplinary action is carried out according to the decision of the authorized level as stipulated in Clause 4 Article 3 of this Decree, Clause 1 of this Article does not apply.

If an official commits lawful violations resulting in a court sentencing them to imprisonment without probation or is sentenced for acts of corruption, Clause 1 and Clause 2 of this Article do not apply.

Sincerely!

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