Below is one of the notable provisions in the Draft Law amending and supplementing the Law on Officials, and the Law on Public Employees in Vietnam, expected to take effect on January 1, 2020.
Article table of contents
According to the current regulations in Article 79 Law on Officials in 2008 which are specifically guided in Decree 34/2011/ND-CP, the disciplinary forms applied to officials holding leadership and management positions in Vietnam include:
- Reprimand;
- Warning;
- Salary downgrade;
- Demotion;
- Dismissal;
- Forced resignation.
In Clause 13, Article 1 of the Draft Law amending and supplementing the Law on Officials and the Law on Public Employees, which amends and supplements Article 79 of the Law on Officials:
13. Amend and supplement Article 79 as follows:
"Article 79. Forms of disciplinary action against officials
1. Officials who violate the provisions of this Law and other relevant laws shall, depending on the nature and severity of the violation, be subject to one of the following forms of disciplinary action:
a) Reprimand;
b) Warning;
c) Salary downgrade;
d) Dismissal;
dd) Forced resignation.
2. The form of dismissal shall only apply to officials holding leadership and management positions; the form of salary downgrade shall only apply to officials not holding leadership and management positions.
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Therefore, if the Draft Law amending and supplementing the Law on Officials and the Law on Public Employees is passed and from the date this Law takes effect, officials holding leadership and management positions will not be subject to the disciplinary form of salary downgrade.
Lan Anh
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