Can the old disciplinary council be used again to handle disciplinary action against public employees in Vietnam?
In which cases are public employees subject to disciplinary action for their violations in Vietnam? - Ms. Uyen (Binh Duong)
What disciplinary measures are applied to public employees who violate disciplinary regulations in Vietnam?
Based on Article 15 of Decree 112/2020/NĐ-CP, the disciplinary measures for public employees are as follows:
Disciplinary measures for public employees
1. Applicable to public employees who do not hold management positions
a) Reprimand
b) Warning
C) Removal from office
2. Applicable to public employees who hold management positions
a) Reprimand
b) Warning
c) Dismissal
d) Removal from office
Therefore, public employees who violate disciplinary regulations may be subject to the following disciplinary measures:
- Public employees who do not hold management positions: Reprimand, warning, removal from office.
- Public employees who hold management positions: Reprimand, warning, dismissal, removal from office.
Can the old disciplinary council be used again to handle disciplinary action against public employees in Vietnam? - Source: Internet
Can the old disciplinary council be used again to handle disciplinary action against public employees in Vietnam?
Pursuant to Clause 2 Article 34 of Decree 112/2020/NĐ-CP stipulating disciplinary council as follows:
Disciplinary Council for public employees
...
2. Principles of operation of the Disciplinary Council
a) The Disciplinary Council shall meet when there are at least 3 members present, including the Chairman and Secretary of the Council.
b) The Disciplinary Council shall recommend the application of a disciplinary measure through a secret ballot.
c) The meeting of the Disciplinary Council shall be recorded in a minutes, which shall clearly set forth the opinions of the members present and the results of the secret ballot on the recommended disciplinary measure.
d) The Disciplinary Council shall dissolve itself after completing its tasks.
...
According to the above regulations, the disciplinary council for public employees shall dissolve itself after completing its tasks. Therefore, the old disciplinary ouncil for public employees shall not be used to handle disciplinary action against other public employees.
Who are included in the disciplinary council for public employees in Vietnam?
Based on Article 35 of Decree 112/2020/NĐ-CP (amended by Clause 18 Article 1 of Decree 71/2023/NĐ-CP), the composition of the Disciplinary Council for public employees shall include:
(1) For public employees who do not hold managerial positions and public service units that do not have constituent units
Composition of the Disciplinary Council has 03 members, including:
- The Chairman of the Council is the head or deputy head of the public service unit that manages the public employee;
- 01 Member of the Council is a representative of the Executive Committee of the trade union of the public service unit that manages the public employee;
- 01 Member cum Secretary of the Council is a representative of the agency responsible for advising on organizational and personnel work of the public service unit that manages the public employee.
(2) For public employees who do not hold managerial positions and public service units that have constituent units
Composition of the Disciplinary Council has 05 members, including:
- The Chairman of the Council is the head or deputy head of the public service unit that manages the public employee or is delegated to manage the civil servant;
- 01 Member of the Council is the head or deputy head of the unit that directly uses the public employee;
- 01 Member of the Council is a representative of the party committee of the unit that directly uses the public employee;
- 01 Member of the Council is a representative of the Executive Committee of the trade union of the public service unit that manages the public employee or the unit that is delegated to manage the public employee;
- 01 Member cum Secretary of the Council is a representative of the agency responsible for advising on organizational and personnel work of the public service unit that manages the public employee.
(3) For civil servants in managerial positions
Composition of the Disciplinary Council has 05 members, including:
- The Chairman of the Council is the head or deputy head of the agency, organization, or unit that has the authority to appoint or approve, decide to recognize the public employee;
- 01 Member of the Council is the head or deputy head of the management unit or is delegated to manage the public employee;
- 01 Member of the Council is a representative of the party organization of the public service unit that manages the civil servant or the unit that is delegated to manage the public employee;
- 01 Member of the Council is a representative of the Executive Committee of the trade union of the management unit or the unit that is delegated to manage the public employee;
- 01 Member cum Secretary of the Council is a representative of the agency responsible for advising on organizational and personnel work of the agency, organization, or unit that has the authority to handle disciplinary action against public employee.
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