Intentionally refusing to transfer work assignments, official public employees may face imprisonment

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To be specific: this constitutes the crime of desertion as defined in Article 363 of the Criminal Code 2015 amended and supplemented in 2017:

Article 363. Crime of Desertion

1. Any official and public employee who intentionally abandons their duty causing serious consequences shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. Committing the crime in any of the following circumstances shall be subject to imprisonment from 02 to 07 years:

a) Inciting others to desert;

b) Causing very serious or particularly serious consequences;

c) Committing the crime during wartime, natural disaster, epidemic or other particularly difficult social circumstances.

3. The offender may also be prohibited from holding certain positions for 01 to 05 years.

Officials and public employees during the course of their work who intentionally abandon their duties causing serious consequences shall be handled according to the above provisions.

Illustrative image (Source: Internet)

The task could be within the scope of the position, the working location, or an assigned duty during the work. In practice, the act of abandoning the duty could be manifested by not completing the assigned tasks, leaving the working place, not complying with transfer orders to another duty or location, which will also be considered as abandoning the duty. Furthermore, the act of abandonment must lead to serious consequences such as significant damage to the interests of the state, the collective, infringing on the legitimate rights and interests of citizens.

The above provisions exclude cases where officials and public employees are unable to perform their duties due to force majeure or have attempted to complete the task but it went beyond their capabilities.

The criminal handling of duty abandonment acts has somewhat increased the responsibility of officials and public employees towards the assigned duties.

Lan Anh

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