Duration of Temporary Suspension from Duties for Officials?

According to Decision 1223, the Prime Minister of the Government of Vietnam decided to temporarily suspend Mr. Nguyen Duc Chung, Chairman of the People's Committee of Hanoi city, from his duties to verify and investigate his responsibilities related to certain cases as stipulated by law. The duration of the temporary suspension from duties is 90 days from the date the suspension decision is made.

What is the duration of officials' temporary suspension from duties? (Illustration)

Thus, the question raised here is what is the maximum duration of temporary suspension from duties for an official, and which document stipulates this?

The temporary suspension from duties of officials is divided into two cases:

First, temporary suspension from duties for consideration and disciplinary action is stipulated in Article 81 of the Law on Cadres and Civil Servants 2008, specifically:

The agency, organization, or unit managing the officials can issue a decision to temporarily suspend duties during the period of consideration and disciplinary action if allowing the officials to continue working might cause difficulties for the examination and handling.

The duration of the temporary suspension from duties should not exceed 15 days, but in necessary cases, it can be extended for up to 15 days; if the officials are detained or held in custody for investigation, prosecution, or trial, the period of detention or custody is counted as justified leave; after the suspension period, if the officials are not disciplined, they should be allowed to return to their original positions.

Second, temporary suspension from duties for legal violations related to corruption is stipulated in Clause 1 Article 43 and Article 47 of Decree 59/2019/ND-CP, specifically:

The decision to temporarily suspend duties or temporarily transfer to another position for a person in a position of authority can only be made when there is evidence that the person has engaged in activities related to corruption and could cause difficulties for the examination and handling if they continue working.

The duration of the temporary suspension from duties or temporary transfer to another position is 90 days from the date the decision is made.

Therefore, in the case of Mr. Nguyen Duc Chung, the basis for issuing a 90-day temporary suspension from duties is per Article 47 of Decree 59/2019/ND-CP.

Legal Basis:

Law on Cadres and Civil Servants 2008

Decree 59/2019/ND-CP

Le Hai

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