07 Cases of suspension from work for officials in Vietnam from September 17, 2024

07 Cases of suspension from work for officials in Vietnam from September 17, 2024 (Image from the Internet)

07 Cases of suspension from work for officials in Vietnam from September 17, 2024

Pursuant to Clause 1, Article 68a of Decree 138/2020/ND-CP, supplemented by Decree 116/2024/ND-CP, officials in Vietnam will be suspended from work if they fall into the following cases:

(1) Engaging in behavior violating moral quality, lifestyle, causing negative effects and public discontent, adversely affecting the reputation of the organization or individual;

(2) Engaging in corruption, negativity, causing inconvenience to citizens, businesses, agencies, organizations during the execution of duties;

(3) Deliberately delaying, pushing, avoiding responsibility, failing to perform tasks within their authority and assigned responsibilities;

(4) While being under review and disciplinary action, intentionally not complying with the authority’s requirements during the review process, or using one's position, power, or influence to obstruct the review and disciplinary process, or continuing to work which might complicate the review and disciplinary process;

(5) Having been disciplined by the Party and awaiting further review and treatment of the administrative position, which if continued would negatively affect the activities of the agency, organization, or unit;

(6) Having a written request for temporary suspension from an inspection, examination, audit agency, or other competent agencies conducting proceedings;

(7) Other cases as prescribed by law.

The period of work suspension shall not exceed 15 working days; in complicated cases, it may be extended but not beyond an additional 15 working days. The suspension period for the case specified at (6) shall follow the request of the competent authority.

The decision for work suspension automatically expires when the suspension period ends.

Review process for work suspension of officials in Vietnam from September 17, 2024

Specifically: at Clause 4, Article 68a of Decree 138/2020/ND-CP, supplemented by Decree 116/2024/ND-CP, the review process for work suspension of officials in Vietnam from September 17, 2024 is regulated as follows:

- No later than 02 working days from the identification of the grounds for temporary suspension, the agency or personnel advisory unit is responsible for reporting and proposing the decision-maker to issue a temporary suspension decision.

- No later than 02 working days from the receipt of the proposal from the agency or personnel advisory unit, the decision-maker issues a work suspension decision for the official.

- If the work suspension is non-conformable or if there is a conclusion that the official did not violate, no later than 03 working days from the identification of valid grounds, the decision-maker issues a decision to revoke the work suspension decision for the official, and simultaneously reports to the competent authority managing the official.

- The temporary suspension decision and the decision to revoke the suspension decision (if any) should be announced within the agency, organization, or unit using the official and sent to the relevant agencies, organizations, and individuals.

Authority for work suspension of officials in Vietnam from September 17, 2024

The authority for work suspension of officials in Vietnam from September 17, 2024 is regulated as follows:

- For officials in leadership or management positions, the decision is made by the head of the competent authority that appointed and manages them.

- For officials not holding leadership or management positions, the decision is made by the head of the agency, organization, or unit employing the official.

(Clause 2, Article 68a of Decree 138/2020/ND-CP, supplemented by Decree 116/2024/ND-CP)

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