Circumstances in which officials are dismissed according to current regulations

02:23, 11/07/2024

Removal from office is the act of an authorized individual issuing a decision for an appointee currently holding a specific position to no longer hold that position due to violations of the law within the scope of the individual's duties and powers, no longer being worthy of the trust and responsibilities assigned. So, according to current regulations, in which cases will an official be removed from office?

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According to the provisions of Article 13 of Decree 34/2011/ND-CP, an official holding a leadership or management position shall be dismissed from their position if they commit any of the following legal violations:

- Use of illegal documents to be appointed to the position;- Failure to complete the management and executive tasks as assigned without legitimate reasons, thereby causing very serious consequences;- Being sentenced to prison with a suspended sentence or non-custodial reform;- Committing very serious violations of the laws on anti-corruption; practicing thrift and combating wastefulness; gender equality; prevention and combat of prostitution, and other legal regulations related to officials.

Note: The application of the disciplinary measure of dismissal for officials holding judicial titles shall be carried out in accordance with the provisions of Decree 34 and the sector-specific legislation.

In addition, recently, the Government of Vietnam issued Decree 31/2019/ND-CP detailing some articles and measures for the implementation of the Law on Denunciations. According to this Decree, from May 28, 2019, a person authorized to resolve denunciations will be subject to the disciplinary measure of dismissal if they commit any of the following legal violations concerning denunciations:

- Intentionally not resolving or intentionally resolving denunciations unlawfully, causing instability, social security, and order disturbances;- Intentionally ignoring evidence, neglecting information, documents, losing or distorting case files; covering up for the accused, causing instability, social security, and order disturbances;- Failing to take protective measures for the whistleblower within their authority, causing the whistleblower to be retaliated against, leading to injuries or health damage with a disability rate of 61% or more, or resulting in death.

Note: After dismissal, the official will be reassigned to another job, receiving salary and other policies corresponding to the new position.

- Nguyen Trinh -

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