Can cadres, civil servants and public employees in Vietnam who have transferred to another agencies be disciplined if they are found to have violated regulations at their old agencies?
Can cadres, civil servants and public employees in Vietnam who have transferred to another agencies be disciplined if they are found to have violated regulations at their old agencies? - Ms. Suong (Hai Phong).
What violations are cadres, civil servants and public employees in Vietnam subject to disciplinary action for?
Pursuant to Clause 1 Article 6 of Decree 112/2020/ND-CP (amended by Clause 5 Article 1 of Decree 71/2023/ND-CP), the following acts are subject to disciplinary action:
Acts subject to disciplinary action
1. Cadres, civil servants and public employees who commit acts in violation of the regulations on the duties of civil servants; the things civil servants are not allowed to do; the regulations of the agency, organization, or unit; violate ethics, lifestyle, violate the law when performing official duties, or commit other acts related to official activities that are subject to disciplinary action by the party or mass organizations shall be considered for administrative disciplinary action.
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Therefore, cadres, civil servants and public employees are subject to disciplinary action for the following acts:
- Performing acts in violation of the regulations on the duties of civil servants;
- Performing acts that civil servants are not allowed to do;
- Performing acts in violation of the regulations of the agency, organization, or unit;
- Performing acts in violation of ethics, lifestyle, violate the law when performing official duties;
- Performing other acts related to official activities that are subject to disciplinary action by the party or mass organizations shall be considered for administrative disciplinary action.
Can cadres, civil servants and public employees in Vietnam who have transferred to another agencies be disciplined if they are found to have violated regulations at their old agencies?
Pursuant to Clause 10 Article 2 of Decree 112/2020/ND-CP (amended by Clause 2 Article 1 of Decree 71/2023/ND-CP), the principles for disciplinary actions are as follows:
Principles of disciplinary action
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10. If a cadre, civil servant or public employee commits an offense during their time of service at their former agency, organization, or unit, and the offense is not discovered until the civil servant has transferred to a new agency, organization, or unit, and the statute of limitations for disciplinary action has not expired, the competent authority of the new agency, organization, or unit shall conduct an investigation into the disciplinary action and apply the disciplinary measure in accordance with the law corresponding to the current position of the civil servant. In this case, the former agency, organization, or unit shall be responsible for providing all relevant documents on the offense and sending someone to coordinate in the process of investigating and handling the disciplinary action. The regulations on performance appraisal, classification, and other relevant regulations shall be counted at the former unit.
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According to the above regulations, cadres, civil servants and public employees who commit offenses at their former agencies when transferring to new agencies may also be subject to disciplinary action if the offenses are not discovered until they transfer to the new agencies and the statute of limitations for disciplinary action has not expired.
The competent authority of the new agency shall conduct an investigation into the disciplinary action and apply the disciplinary measure in accordance with the law corresponding to the current position of the civil servant.
What are responsibilities of the agencies when their old cadres, civil servants and public employees in Vietnam who have transferred to another agencies are disciplined for violations commiting at the old agencies?
Pursuant to Clause 10 Article 2 of Decree 112/2020/ND-CP (amended by Clause 2 Article 1 of Decree 71/2023/ND-CP), the principles for disciplinary actions are as follows:
Principles of disciplinary action
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10. If a cadre, civil servant or public employee commits an offense during their time of service at their former agency, organization, or unit, and the offense is not discovered until the civil servant has transferred to a new agency, organization, or unit, and the statute of limitations for disciplinary action has not expired, the competent authority of the new agency, organization, or unit shall conduct an investigation into the disciplinary action and apply the disciplinary measure in accordance with the law corresponding to the current position of the civil servant. In this case, the former agency, organization, or unit shall be responsible for providing all relevant documents on the offense and sending someone to coordinate in the process of investigating and handling the disciplinary action. The regulations on performance appraisal, classification, and other relevant regulations shall be counted at the former unit.
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Therefore, when cadres, civil servants and public employees transfer to a new agency and it is only then that offenses committed at the old agency are discovered and the statute of limitations for disciplinary action has not expired, the old agency is responsible for providing all relevant documents on the offense and sending someone to coordinate in the process of investigating and handling the disciplinary action.
What are the cases of violations that are not considered for disciplinary action in Vietnam?
Article 3 of Decree 112/2020/ND-CP (amended by Article 1.3 of Decree 71/2023/ND-CP) stipulates the following cases where violations are not considered for disciplinary action:
- Cadres, civil servants and public employees who have committed violations but are currently on annual leave, leave of absence, or leave for personal reasons authorized by the competent authority.
- Cadres, civil servants and public employees who have committed violations while undergoing treatment for a serious illness or who are currently unable to understand.
- Cadres, civil servants and public employees who have committed violations while seriously ill and are hospitalized with confirmation from the competent medical authority.
- Female cadres, civil servants and public employees who are currently pregnant, on maternity leave, or breastfeeding children under 12 months of age, or male civil servants (in the case of the death of their wife or for other objective, unavoidable reasons) who are breastfeeding children under 12 months of age, except in cases where there is a written request for disciplinary action.
- Cadres, civil servants and public employees who are currently under investigation, temporarily detained, or detained pending the conclusion of the competent investigating, prosecuting, and judging authority regarding acts that violate the law, except in cases determined by the competent authority.
Best regards!
