Principles of Disciplinary Handling for Leaders of State-Owned Enterprises
According to Article 56 of Decree 159/2020/ND-CP stipulating the principles of disciplinary actions as follows:
Objective, fair; public, transparent; strict, in accordance with the law.
Each violation is only handled once with one form of disciplinary action. At the same time of considering disciplinary action, if there are 02 or more violations, each violation will be disciplined, and the disciplinary form to be applied is one level heavier than the disciplinary form applied for the most serious violation, except for the case of disciplinary action in the form of dismissal; violations should not be separated to handle multiple times with different forms of discipline.
In case state-owned enterprise managers, controllers, and representatives of state capital are still in the period of executing the disciplinary decision and continue to commit violations, the following disciplinary forms shall be applied:
a) If there is a violation subject to lighter or equal disciplinary form with the current discipline being executed, a disciplinary form one level heavier than the current form being executed shall be applied;
b) If there is a violation subject to heavier discipline than the current form being executed, a disciplinary form one level heavier than the form applied for the new violation shall be applied.
When considering disciplinary action, it is necessary to base on the content, nature, level, harm, cause of the violation, aggravating or mitigating circumstances, attitude towards acceptance and correction, remediation of defects, violations, and consequences caused.
It is not allowed to apply administrative penalties or party disciplinary forms instead of the disciplinary forms specified in this Decree; disciplinary actions do not replace criminal prosecution, if the violation reaches the level of criminal prosecution.
In case state-owned enterprise managers, controllers, and representatives of state capital have already been disciplined by the party, the disciplinary form must ensure it is commensurate with the party discipline.
Within 30 days from the date of announcing the party disciplinary decision, the competent authority must consider and decide on the disciplinary action.
All acts of violating physical, mental integrity, honor, and dignity during the disciplinary process are strictly prohibited.
State-owned enterprise managers, controllers, and representatives of state capital who committed a first-time violation and were disciplined, and within 24 months from the date the disciplinary decision takes effect, commit the same violation, will be considered as repeated offenders; beyond the 24 months period, such violation is considered the first time but counted as an aggravating circumstance when considering disciplinary action.
Respectfully!
