When to Apply Warning Disciplinary Measures for Officials? Who Has the Authority to Discipline Officials Holding Leadership and Management Positions?
When to Apply the Form of Reprimand Discipline for Officials?
Article 8 of Decree 112/2020/ND-CP, amended by Clause 6, Article 1 of Decree 71/2023/ND-CP, stipulates as follows:
The form of reprimand discipline applies to officials who commit a first-time offense, causing less serious consequences, except for violations stipulated in Clause 3, Article 9 of Decree 112/2020/ND-CP, in one of the following cases:
(1) Violating regulations on the ethics and communication culture of officials; legal regulations on the performance of duties and responsibilities of officials; labor discipline; internal rules and regulations of the authority, organization, or unit;
(2) Abusing their work position for personal gain; being domineering, bureaucratic, or causing difficulties and inconvenience to authorities, organizations, units, or individuals while performing public duties; confirming or issuing legal documents for those who do not meet the conditions;
(3) Evading, pushing responsibility, not performing, or improperly, incompletely performing duties and responsibilities according to the law, internal rules, regulations of the authority, organization, unit, or tasks assigned by the competent authority without a legitimate reason; not obeying decisions on reassignment or work allocation by the competent authority; causing disunity within the authority, organization, unit;
(4) Violating legal regulations on crime prevention; prevention of social evils; public order and safety; anti-corruption; practicing thrift, combating wastefulness;
(5) Violating legal regulations on state secrecy protection;
(6) Violating legal regulations on complaints and denunciations;
(7) Violating the democratic centralism principle, propaganda regulations, speaking regulations, internal political protection regulations;
(8) Violating legal regulations on investment, construction; land, environmental resources; finance, accounting, banking; management, and use of public assets during the performance of public duties;
(9) Violating legal regulations on domestic violence prevention; population, marriage, and family; gender equality; social security; other regulations of the Communist Party and relevant laws concerning officials.
When to apply the form of reprimand discipline for officials? Who has the authority to handle disciplinary actions against officials in leadership, management positions? (Image from the Internet)
In Which Cases Can an Official in a Leadership Position Still Be Demoted for a First-Time Offense?
Article 11 of Decree 112/2020/ND-CP stipulates the application of demotion discipline for officials in leadership and management positions as follows:
Application of Demotion Discipline for Officials in Leadership and Management Positions
The form of demotion discipline applies to officials in leadership and management positions in the following cases:
- Having been disciplined with a warning according to Article 9 of this Decree and recidivating;
2. Committing a first-time offense causing serious consequences, falling under the cases stipulated in Clause 3, Article 9 of this Decree;
3. Committing a first-time offense causing very serious consequences, falling under the cases stipulated in Article 8 of this Decree.
Thus, an official in a leadership position can still be demoted for a first-time offense in the following cases:
- Committing a first-time offense causing serious consequences in one of the following cases:
+ Officials in leadership, management positions failing to properly and fully perform management and administrative duties as assigned;
+ Heads of authorities, organizations, units allowing serious legal violations to occur within their responsibility scope without preventive measures.
- Committing a first-time offense causing very serious consequences falling under the cases of applying reprimand discipline but still can be demoted.
Who Has the Authority to Handle Disciplinary Actions Against Officials in Leadership, Management Positions?
Article 24 of Decree 112/2020/ND-CP, amended by Clause 10, Article 1 of Decree 71/2023/ND-CP, stipulates the authority to handle disciplinary actions against officials:
Authority to Handle Disciplinary Actions Against Officials
1. For officials in leadership and management positions, the head of the authority, organization, unit with appointment authority or delegated appointment authority proceeds with disciplinary actions and decides on the form of discipline.
- For officials not in leadership, management positions, the head of the managing authority or the head of the authority delegated management authority proceeds with disciplinary actions and decides on the form of discipline, except in cases stipulated in Clause 6, Article 28 of this Decree.
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Thus, the person with the authority to handle disciplinary actions against officials in leadership and management positions is the head of the authority, organization, or unit with appointment authority or delegated appointment authority.
Sincerely!
