Handling of violations regarding the implementation of democracy within the Ministry of Finance of Vietnam

Handling of violations regarding the implementation of democracy within the Ministry of Finance of Vietnam

On October 15, 2024, the Minister of Finance of Vietnam issued Decision 2449/QD-BTC on the Regulation for implementing democracy in the operations of the Ministry of Finance of Vietnam.

1. Handling of violations regarding the implementation of democracy within the Ministry of Finance of Vietnam

According to the provisions in Article 8 of the Regulation issued with Decision 2449/QD-BTC of 2024, the handling of violations regarding the implementation of democracy within the Ministry of Finance of Vietnam is as follows:

- Organizations violating the provisions of the Regulation issued with Decision 2449/QD-BTC of 2024, the Law on Grassroots Level Democracy Implementation 2022, and other relevant legal provisions related to implementing democracy at the grassroots level, will be administratively sanctioned based on the nature and severity of the violation; if damages are caused, compensation must be made in accordance with the law.

- Officials, public employees, and employees who violate the provisions of the Regulation issued with Decision 2449/QD-BTC of 2024, the Law on Grassroots Level Democracy Implementation 2022, and other relevant legal provisions, infringing upon the interests of the State, legitimate rights, and interests of organizations, enterprises, and individuals, will be subject to disciplinary action or criminal liability based on the nature and severity of the violation; if damages are caused, they must compensate and make restitution in accordance with the law.

- The administrative penalties and disciplinary actions for violations of the law regarding the implementation of democracy at the grassroots level are carried out according to the provisions of the law.

2. Regulations on violations regarding the implementation of grassroots democracy in Vietnam

The handling of violations regarding the implementation of grassroots democracy in Vietnam is specifically regulated in Article 10 of the Law on Grassroots Level Democracy Implementation 2022 as follows:

- Individuals committing violations regarding the implementation of grassroots democracy in Vietnam will be administratively sanctioned, subjected to administrative handling measures, or criminal prosecution based on the nature and severity of the violation; if damages are caused, compensation must be made in accordance with the law.

- Organizations violating the provisions of the Law on Grassroots Level Democracy Implementation 2022 and other relevant legal provisions related to democracy implementation at the grassroots level will be administratively sanctioned based on the nature and severity of the violation; if damages are caused, compensation must be made in accordance with the law.

- Officials and public employees who abuse their positions and powers to violate the provisions of the Law on Grassroots Level Democracy Implementation 2022, infringing upon the interests of the State, legitimate rights, and interests of organizations and individuals, will be subject to disciplinary action or criminal liability based on the nature and severity of the violation; if damages are caused, they must compensate and make restitution in accordance with the law.

- Administrative penalties and disciplinary actions for violations of the law regarding the implementation of democracy at the grassroots level are carried out according to the provisions of the Government of Vietnam.

3. Obligations of officials, public employees, and employees in implementing democracy in Vietnam

The obligations of officials, public employees, and employees in implementing democracy in Vietnam include:

- Complying with the provisions of the law regarding the implementation of democracy at the grassroots level. Adhering to the decisions, regulations of their agencies, units, enterprises, and local residency.

- Participating in discussions about matters put forward for consultation at the grassroots level according to the law on implementing democracy at the grassroots level and the Regulation issued with Decision 2449/QD-BTC of 2024.

- Promptly proposing, reflecting, and reporting to competent authorities if discovering violations of the law regarding the implementation of democracy at the grassroots level.

- Respecting and ensuring public order, social safety, the interests of the State, and the legitimate rights and interests of agencies, units, enterprises, and individuals.

(According to Article 5 of the Regulation issued with Decision 2449/QD-BTC of 2024)

More details can be found in Decision 2449/QD-BTC which comes into force in Vietnam from October 15, 2024.

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