Forms of Disciplinary Actions for Militia Members when Absent Without Leave and Evasion of Duties

On June 19, 2020, Circular 75/2020/TT-BQP was issued by the Ministry of National Defense, prescribing the application of disciplinary forms, procedures, statute of limitations, time limits, and authority for disciplining the militia and self-defense forces.

Disciplinary Measures for Unauthorized Absence and Evasion of Duties by Militia and Self-Defense Forces, Circular 75/2020/TT-BQP

Disciplinary Measures for Unauthorized Absence and Evasion of Duties by Militia and Self-Defense Forces - Illustration

According to Article 17 of Circular 75/2020/TT-BQP on the application of disciplinary measures, procedures, statutes of limitations, time limits, and authority to deal with discipline for Militia and Self-Defense Forces, the disciplinary measures for unauthorized absence are specified as follows:

- Militia members (excluding regular militia) who are absent without authorization for 08 (eight) hours or more while on duty shall be disciplined with either a reprimand or a warning.

- Regular militia members who are absent without authorization from the unit for 08 (eight) to under 48 (forty-eight) hours shall be disciplined with a reprimand; those absent from 48 (forty-eight) to 72 (seventy-two) hours shall be disciplined with a warning.

- Unauthorized absence in any of the following cases shall result in demotion, dismissal, or revocation of the title as Militia and Self-Defense Forces:

- Having been disciplined but not recognized as having made progress and continuing to violate;- Enticing others to participate;- Affecting the performance of unit duties.

Notably, Article 18 of Circular 75/2020/TT-BQP specifies the disciplinary measures for acts of evading duties as follows:

- Inflicting injuries, causing harm to one's health, pretending to be ill, or using other fraudulent means to evade or shirk assigned duties shall be disciplined with a warning or demotion.

- Evasion of duties in any of the following cases shall result in dismissal:

- Holding a command position;- Having been disciplined but not recognized as having made progress and continuing to violate;- Enticing others to participate.

For details, please refer to Circular 75/2020/TT-BQP, effective from August 5, 2020.

Le Vy

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