04 cases not yet considered for disciplinary action against officials and public employees

04 cases where disciplinary action is not considered for officials and public employees (Illustration)

As prescribed in Article 3 of Decree 112/2020/ND-CP, there are 04 cases where disciplinary action is not considered for officials and public employees, including:

1. Officials and public employees who are on annual leave, on leave according to policies, on personal leave approved by the competent authority.

2. Officials and public employees who are undergoing treatment for serious illness or are incapacitated; those who are seriously ill and are receiving inpatient treatment at a hospital with certification from a competent medical authority.

3. Female officials and public employees who are pregnant, on maternity leave, or raising children under 12 months old; or male officials and public employees (in cases where the wife has died or due to other objective, force majeure reasons) who are raising children under 12 months old.

4. Officials and public employees who are being prosecuted, detained, or held in custody pending the conclusion of the investigation, prosecution, or trial by the competent authority concerning legal violations, except in cases according to the decision of the competent authority.

Additionally, this Decree also stipulates the cases where officials and public employees are exempted from disciplinary responsibility as follows:

- Certified by the competent authority as having lost the capacity for civil acts at the time of violation.- Must comply with the decisions of superiors as prescribed in Clause 5, Article 9 of the Law on Cadres and Civil Servants.- Certified by the competent authority for violations committed in urgent situations, due to force majeure events, or objective obstacles as prescribed in the Civil Code when performing official duties.- Officials and public employees who violated to the extent of being disciplined but have passed away.

Details can be found in Decree 112/2020/ND-CP, effective from September 20, 2020.

Ty Na

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