Decree 112/2020/ND-CP: Procedures for taking disciplinary actions against Vietnamese officials

On September 18, 2020, the Government of Vietnam issued Decree 112/2020/ND-CP on the disciplinary actions against Vietnamese officials and public employees.

Order  and  Procedure  for  Disciplinary  Actions  Against  Officials,  Decree  112/2020/ND-CP

Decree 112/2020/ND-CP: Procedures for taking disciplinary actions against Vietnamese officials (Illustrative Image)

Decree 112/2020/ND-CP stipulates the procedures for taking disciplinary actions against Vietnamese officials as follows:

- Based on the disciplinary decision of the competent authority, the advisory body on personnel work of the competent authority proposing disciplinary actions suggests the discipline measure, the time of disciplinary action, and the duration of disciplinary enforcement. In cases where the statute of limitations for disciplinary action has expired, a report is made to the competent authority to decide on the organization of a review meeting, consideration of responsibility, and handling according to competence.

- In cases within the jurisdiction of the Standing Committee of the National Assembly or the Prime Minister of Vietnam, the authorized management and employing agency will propose the discipline measure, the time of disciplinary action, and the duration of disciplinary enforcement.

- In cases within the jurisdiction of the Prime Minister of Vietnam, the proposal is simultaneously sent to the Ministry of Home Affairs for appraisal and then reported to the Prime Minister of Vietnam for consideration and decision.

- If there is no disciplinary decision from the competent authority, the procedures for disciplinary actions against Vietnamese officials shall follow Clauses 1 and 2, Article 25 of this Decree. The competent authority for disciplinary action will decide the composition of the review meeting and the members of the Disciplinary Council.

- The competent authority issues the disciplinary decision.

Additionally, this Decree stipulates the power to take disciplinary actions against Vietnamese officials as follows:

- The authority that approves or decides to approve election results has the power to take disciplinary actions;

- For positions and titles within state administrative agencies approved by the National Assembly, the Prime Minister of Vietnam will issue the disciplinary decision.

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

Ty Na

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