In 2020, officials will no longer be disciplined by "demotion"

The Draft Law has amended and supplemented many important contents related to officials and public employees such as assessment and classification, recruitment, promotion, and conditions for registering for promotion exams, etc.

Notably, the regulation: Abolish the disciplinary form "Demotion" when handling discipline for officials.

According to the Draft, there are only 05 forms of discipline for officials as follows:

- Reprimand;- Warning;- Salary reduction;- Dismissal;- Forced resignation.

Article 79 Law on Officials 2008 stipulates: The form of disciplinary action of demotion applies to officials holding leadership and management positions who commit the following violations of the law:

1. Failing to complete management and administrative tasks according to the assignment without a legitimate reason, causing serious consequences;

2. Committing very serious violations of the law on anti-corruption; practicing thrift and combating wastefulness; gender equality; prevention of prostitution and other provisions of the law related to officials but sincerely reviewing it in the process of considering disciplinary actions;

3. The head of an agency, organization, or unit allowing serious violations of the law within the scope of responsibility without taking preventive measures.

Another noteworthy content: Officials and public employees who quit or retire will still be disciplined.

To be specific, the Draft clearly stipulates that officials and public employees, after quitting or retiring, if it is discovered that they violated the law during their working time and were disciplined by the Communist Party, must face one of the following disciplinary actions:

- Reprimand;- Warning;- Dismissal from the position held at the time of violation.

In addition, the promotion of officials will be more difficult as the Draft has strictly regulated the standards and conditions for officials considered for promotion, specifically, officials must meet the following standards:

- Being evaluated and classified as completing tasks well in the year preceding the year of the exam or promotion consideration; not during the period of disciplinary action or under review for disciplinary action;- Possessing professional competence suitable for the higher official rank or the current official rank within the same professional field;- Holding qualifications, certificates, and professional expertise appropriate to the promoted position.

See the full text of the Draft HERE.

The Draft Law on Officials and the amended Law on Public Employees 2019 is expected to take effect from January 1, 2020.

- Thanh Lam -

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