Is it correct to handle disciplinary actions for officials without establishing a Disciplinary Council?
Based on Article 27 of Decree 112/2020/ND-CP, stipulating the Disciplinary Council as follows:
- No later than 05 working days from the receipt of the report and the minutes of the review meeting, the competent authority for disciplinary action shall decide to establish a Disciplinary Council to advise on the application of disciplinary measures for officials who have committed violations, except for cases specified in Clause 3 of this Article.
- Principles of the Disciplinary Council's operation
+ The Disciplinary Council meets when there are 03 or more members present, including the Chairman of the Council and the Secretary of the Council.
+ The Disciplinary Council recommends the application of disciplinary measures through secret ballot.
+ The meeting of the Disciplinary Council must be recorded in minutes, clearly reflecting the opinions of the attending members and the results of the vote on the recommended disciplinary measures.
+ The Disciplinary Council shall dissolve itself after completing its tasks.
- Cases not requiring the establishment of a Disciplinary Council
+ There has been a conclusion from a competent authority or organization about the violation, which proposes a disciplinary measure.
+ There has been a decision on party disciplinary action.
The cases specified at points a and b of this clause can use the conclusion about the violation without further investigation or verification.
Thus, according to your information, since you already have a party disciplinary decision in the form of expulsion from the Communist Party, the regulation states that the disciplinary action will not require the establishment of a Disciplinary Council. Your agency's actions are entirely compliant with the law.
Sincerely!