Regulations on Disciplinary Actions for Retired Officials and Public Employees from July 1, 2020

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The draft Decree has supplemented the subjects of application as officials and public employees who have retired but have violations during their tenure compared to the provisions of Decree 27/2012/ND-CP and Decree 34/2011/ND-CP. The inclusion of this subject into the Draft is in accordance with the provisions of Law amending and supplementing a number of articles of the Law on Cadres, official, and the Law on Public Employees 2019. This Draft Decree stipulates several contents on disciplining officials and public employees who have retired but have violations during their tenure as follows:

1. The handling of administrative discipline against violations during the tenure of those who have retired is conducted after the decision on disciplinary action by the party has been made.

2. The authority to handle discipline for both working and retired officials is as follows:

- The authority or individual with the power to approve or appoint also has the authority to handle discipline or delegate the handling of discipline;

- For provincial-level positions approved by the National Assembly Standing Committee, the Prime Minister of the Government of Vietnam makes the decision on disciplinary action.

3. Officials and public employees in leadership and management positions; those who have retired are subject to disciplinary action when there is a conclusion on their legal violations by the party committee, the Communist Party organization according to the management decentralization of the Communist Party, or a conclusion of violations by a competent state agency. In such cases, the conclusion on violations is used without needing further investigation or verification.

4. If a competent agency, organization, or unit concludes that the disciplinary action against officials and public employees who have retired was not in accordance with the regulations on the form, procedure, and authority of disciplinary action, the head of the agency, organization, or unit who signed the disciplinary decision must issue a decision to annul the disciplinary action and concurrently consider disciplinary action as appropriate.

Detail of the contents can be found at Draft Decree on handling disciplinary action for officials and public employees, replacing Decree 34/2011/ND-CP and Chapter I, Chapter II of Decree 27/2012/ND-CP.

Nguyen Trinh

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