What are cases of officials in Vietnam subject to work suspension from September 17, 2024?
What are cases of officials in Vietnam subject to work suspension from September 17, 2024?
According to Article 68a of Decree 138/2020/ND-CP supplemented by Clause 45, Article 1 of Decree 116/2024/ND-CP, cases of officials in Vietnam subject to work suspension include:
- Exhibiting behavior violating ethical standards, and lifestyle causing negative impacts and public dissatisfaction, thereby adversely affecting the reputation of the organization or individuals.
- Engaging in harassment, negative behavior, and causing inconvenience to citizens, businesses, agencies, and organizations during the execution of public duties.
- Intentionally delaying, avoiding, or shirking responsibilities and not performing tasks within the jurisdiction according to the assigned functions and duties.
- Being under consideration for disciplinary action but intentionally not complying with the requirements of the competent authority during the process of reviewing and handling personal violations, or taking advantage of their position and influence, or that of others, to obstruct, complicate the review and handling process, or should continued work likely obstruct the disciplinary review and handling process.
- Having been disciplined by the party and currently waiting for a review of the government position, where continued work would negatively affect the operations of the agency, organization, or unit.
- Having a written request for temporary suspension from the inspection, auditing, or legal proceedings agencies, or other competent authorities.
- Other cases as prescribed by law.
What are cases of officials in Vietnam subject to work suspension from September 17, 2024?? (Image from the Internet)
Are officials in Vietnam who are suspended from work paid during the suspension period?
According to Article 81 of Law on Cadres and Civil Servants 2008, regulations on work suspension for officials in Vietnam are as follows:
Article 81. Work suspension for Officials
1. Agencies, organizations, and units managing officials can decide to temporarily suspend work during the period of consideration and handling of an official's disciplinary action, if allowing the official to continue working may complicate the review and handling process. The temporary suspension period is not to exceed 15 days, and can be extended if necessary, but not exceeding an additional 15 days; if the official is detained or temporarily held to facilitate investigation, prosecution, or trial, this period is considered justified leave; if the official is not disciplined at the end of the temporary suspension period, they shall return to their previous position.
2. During the period of temporary suspension from work or while being detained or temporarily held to facilitate investigation, prosecution, or trial, officials shall receive salary as prescribed by the Government of Vietnam.
According to these regulations, officials under temporary suspension from work still receive salary as prescribed by the Government of Vietnam.
What obligations do officials as heads of agencies in Vietnam have?
According to Article 10 of Law on Cadres and Civil Servants 2008, the obligations of officials as heads of agencies in Vietnam are stipulated as follows:
Article 10. Obligations of Officials as Heads of Agencies
In addition to implementing the provisions of Articles 8 and 9 of this Law, officials who are heads of agencies, organizations, and units must perform the following obligations:
- Direct and organize the implementation of assigned tasks and take responsibility for the results of the agency, organization, or unit's activities;
- Inspect, urge, and guide the execution of public duties by officials;
[...]
Thus, officials who are heads of agencies have the following obligations:
- Be loyal to the Communist Party of Vietnam and the State of the Socialist Republic of Vietnam; protect the honor of the Fatherland and national interests.
- Respect the people, wholeheartedly serve the people.
- Maintain close contact with the people, listen to their opinions, and be subject to their supervision.
- Strictly adhere to the guidelines, policies of the Communist Party, and laws of the State.
- Accurately and fully perform the assigned duties and responsibilities.
- Have a sense of organizational discipline; comply strictly with the rules and regulations of the agency, organization, or unit; report to competent authorities upon discovering any legal violations within the agency, organization, or unit; and protect state secrets.
- Proactively and closely cooperate in the execution of public duties; maintain solidarity within the agency, organization, or unit.
- Protect, manage, and use state assets assigned effectively and economically.
- Comply with decisions from superiors. If there are grounds to believe a decision is illegal, immediately report it in writing to the decision-maker; if the decision-maker persists, the decision should be in writing and the executor must comply but bears no responsibility for the consequences, meanwhile reporting to the immediate superior of the decision-maker. The decision-maker must take legal responsibility for their decision.
- Direct and organize the implementation of assigned tasks and take responsibility for the results of the agency, organization, or unit's activities;
- Inspect, urge, and guide the execution of public duties by officials;
- Implement measures to prevent bureaucracy and corruption, practice thrift, and combat waste, being responsible for any occurrence of bureaucracy, corruption, and waste in the agency, organization, or unit;
- Implement regulations on grassroots democracy and office culture within the agency, organization, or unit; promptly and strictly handle officials under management who violate discipline or law, displaying bureaucratic, haughty attitudes, causing trouble for citizens;
- Promptly and legally resolve complaints, denunciations, and recommendations by individuals and organizations as per jurisdiction or refer them to competent authorities for resolution;
- Other obligations as prescribed by law.
