Can an inspection meeting in Vietnam be held when the civil servant is absent?

Can an inspection meeting in Vietnam be held when the civil servant is absent?

Article 33 of Decree 112/2020/ND-CP on the organization of disciplinary meetings for civil servants is as follows:

1. Responsibility for organizing the disciplinary meeting

a) For managerial civil servants, the head of the agency, organization, or unit with the authority to appoint is responsible for organizing the disciplinary meeting and deciding on the composition of the meeting participants.

b) For civil servants who do not hold managerial positions, the head of the public service unit that manages the civil servant is responsible for organizing the disciplinary meeting; the composition of the meeting participants shall be implemented in accordance with Clause 2 of this Article.

2. Composition of the meeting participants as specified in Point b Clause 1 of this Article is as follows:

a) In case the agency, organization, or unit where the civil servant works is a constituent unit, the meeting participants shall be all the civil servants of the constituent unit and representatives of the leadership, party committee, and trade union of the unit.

b) In case the agency, organization, or unit managing the civil servant does not have a constituent unit, the meeting participants shall be all the civil servants of the agency, organization, or unit.

c) In case the person being checked is a civil servant who has been seconded, in addition to the members specified in Points a and b of this Clause, there must also be a representative of the leadership of the agency that seconded the civil servant.

3. The organization of the disciplinary meeting shall be carried out as follows:

a) The chair of the meeting announces the reason for the meeting, announces or delegates the agency for advising on organizational and personnel work to announce the following contents: summary of the work history; violation; sanctions issued (if any); time of occurrence of the violation, time of discovery of the violation; aggravating and mitigating circumstances of the person who committed the violation; time limit and period for handling in accordance with the law;

b) The person who committed the violation presents a self-criticism report, in which clearly stating the violation and self-imposed disciplinary action.

In case the person who committed the violation is present at the meeting but does not make a self-criticism report, the disciplinary meeting will still be carried out.

In case the person who committed the violation is absent, the disciplinary meeting will be held after 2 times of sending a meeting summons;

c) Meeting participants speak out, clearly stating their views on the contents specified in Point a Clause 1;

d) The chair of the meeting concludes. The contents of the disciplinary meeting must be recorded in a minutes.

4. Within 3 working days, from the date of the end of the disciplinary meeting, the chair of the meeting is responsible for sending the report and minutes of the disciplinary meeting to the competent disciplinary authority. The report must clearly show the following contents:

a) Violation, nature and consequences of the violation;

b) Aggravating and mitigating circumstances;

c) Responsibility of the person who committed the violation and the corresponding disciplinary level;

d) Time limit and period for handling in accordance with the law;

dd) Recommendation on handling discipline; disciplinary form (if any) and implementation procedure.

As regulations above, if a civil servant who commits a violation and is absent 2 times from the disciplinary meeting, the meeting will still be held.

Can an inspection meeting in Vietnam be held when the civil servant is absent? - Source: Internet

What are procedures for disciplinary action against civil servants in Vietnam?

Article 32 of Decree 112/2020/ND-CP stipulates the procedures for disciplinary action against civil servants as follows:

The disciplinary action against civil servants is carried out in the following steps:

1. Hold a review meeting;

2. Establish a disciplinary council;

3. The competent authority issues a decision on disciplinary action.

For the cases specified in Clause 4 Article 3 of this Decree, Clause 1 of this Article shall not be implemented.

In the case of a civil servant who has committed an illegal act and has been sentenced to imprisonment without suspension of sentence or has been sentenced by a court for corruption, Clauses 1 and 2 of this Article shall not be implemented.

Above are procedures for disciplinary action against civil servants in Vietnam.

Best regards!