This is one of the notable contents regulated in the Draft Law on officials and the amended Law on public employees expected to be effective from January 1, 2020.
To be specific, according to Clauses 14 and 15 of Article 1 of the Law on Cadres and Civil Servants and the Revised Law on Public Employees, officials who, after retirement or resignation, are found to have committed violations during their time in office and have been disciplined by the competent authority of the Communist Party shall, depending on the nature and severity of the violation, be subjected to one of the following disciplinary actions:
- Reprimand;- Warning;- Dismissal from the position held at the time the violation occurred.
Additionally, the Revised Law on Cadres and the Law on Public Employees has extended the statute of limitations for disciplinary action to 60 months from the time of the violation, instead of 24 months as stipulated in the current Law on Cadres. The time limit for disciplinary action against officials has also been extended to no more than 90 days instead of the current 02 months. In cases where the incident has complex details that require investigation and verification, the disciplinary process can be extended but not to exceed 150 days.
For the following particularly serious violations, no statute of limitations for disciplinary action shall apply:
- Cadres and officials who are currently in office or who, after transferring work, retiring, or resigning, have committed serious violations and have been disciplined by the Communist Party in the form of expulsion from the Communist Party;- Violations related to the protection of internal political security;- Acts that harm the national interests in the fields of national defense, security, and foreign affairs;- Use of fake, illegal diplomas, certificates, or certifications.
- Nguyen Trinh -