Guidance on Implementation of regulations related to disciplined officials in Vietnam

Guidance on Implementation of regulations related to disciplined officials in Vietnam (Illustrative image)

Circular 03/2006/TT-BNV stipulates that when disciplining officials according to the regulations in Article 19, Article 27, Article 28, Article 29 of Decree 35/2005/ND-CP, such agencies, organizations, and units assigned the authority to manage officials shall implement according to the guidelines as follows:

- Officials in Vietnam who violate the law and are sentenced to imprisonment with suspended sentence, after being disciplined (except for the case of forced dismissal), shall be assigned work suitable for supervision and education requirements and be entitled to policies according to the assigned work. In this case, the agency, organization, or unit shall not require such officials to self-apply for job transfers and shall not process resignation requests if there is no resignation application.

- Officials in Vietnam who are on leave pending retirement procedures and are found to have violated the law during their duty performance before leaving office, the agency, organization, or unit shall temporarily stop handling retirement procedures until the competent agency, organization, or unit completes the disciplinary review.

- Officials in Vietnam disciplined with forced dismissal shall have their working time confirmed by the social insurance agency regarding the period of social insurance contributions.

- Officials in Vietnam taking exams for grade promotion, who meet the requirements in the grade promotion exam but are disciplined from reprimand to dismissal, the head of the agency, organization, or unit shall report to the competent authority managing officials to suspend the issuance of the appointment decision to the exam grade. After the disciplinary decision ceases to be effective, if officials show improvement and do not violate other flaws, the head of the agency, organization, or unit shall propose to the competent authority managing officials to issue the appointment decision to the exam grade. If during the disciplinary period there are continued violations, the competent authority managing officials shall issue a document proposing the competent authority organizing the exam to cancel the grade promotion exam results.

Details can be found in Circular 03/2006/TT-BNV, which comes into effect in Vietnam from March 11, 2006.

Ty Na

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