New regulations on the composition of the Civil Servant Disciplinary Council in Vietnam

New regulations on the composition of the Civil Servant Disciplinary Council in Vietnam (Internet image)

New regulations on the composition of the Civil Servant Disciplinary Council in Vietnam

Currently, regulations on the composition of the Civil Servant Disciplinary Council are prescribed in Decree 112/2020/ND-CP (amended in Decree 71/2023/ND-CP):

(1) For civil servants not holding leadership or management positions, the Disciplinary Council has 05 members, including:

- The Chairman of the Council is the head or deputy head of the civil servant management agency or the agency decentralized to manage civil servants;

- 01 Council member is the head or deputy head of the agency or unit directly employing civil servants;

- 01 Council member is a representative of the Party Committee of the agency or unit that directly employs civil servants;

- 01 Council member is a representative of the trade union executive committee of the civil servant management agency or the agency decentralized to manage civil servants;

- 01 Member cum Secretary of the Council is the representative of the agency that advises on the organization and personnel work of the civil servant management agency, or the agency decentralized to manage civil servants.

(2) For civil servants holding leadership and management positions, the Disciplinary Council has 05 members, including:

- The Chairman of the Council is the head or deputy head of the civil servant management agency or the agency decentralized to manage civil servants;

- 01 Council member is the head or deputy head of the agency or unit directly employing civil servants;

- 01 Council member is a representative of the party organization of the civil servant management agency or the agency decentralized to manage civil servants;

- 01 Council member is a representative of the trade union executive committee of the civil servant management agency or the agency decentralized to manage civil servants;

- 01 Member cum Secretary of the Council is the representative of the agency that advises on the organization and personnel work of the civil servant management agency, or the agency decentralized to manage civil servants.

(3) For commune-level civil servants, the Disciplinary Council has 5 members, including:

- The Chairman of the Council is the Chairman or Vice Chairman of the district-level People's Committee;

- 01 Council member is a representative of the district-level Labor Federation;

- 01 Council member is the leadership representative of the commune-level People's Committee whose civil servant is considered for disciplinary action;

- 01 Council member is the representative of the leader of the district-level professional department directly managing the expertise and skills of commune-level civil servants who are considered for disciplinary action, or the representative of the leadership of the District Military Command in case of a civil servant's violation is the commune-level military commander; the representative of the district police leadership in the case of a civil servant's violation is the head of the commune police (applicable to communes and towns that have not yet organized formal police according to the provisions of the Law on People's Police Force 2018);

- 01 Member and Secretary of the Council is the representative of the district-level Department of Internal Affairs.

(4) In cases where all Party Committees or the Trade Union Executive Committee fall into one of the cases specified in Clause 11, Article 2 of Decree 112/2020/ND-CP, appoint 01 representative of the immediate superior agency of the Party Committee or 01 civil servant of the agency directly employing the civil servant who committed the violation to replace him/her.

(Previous regulations: not allowed to nominate spouse, biological father, biological mother, adoptive father, adoptive mother, biological child, adopted child, biological brother, biological sister, biological brother, brother-in-law, sister-in-law, or the person with rights and obligations related to the violation of the civil servant being considered for disciplinary action is a member of the Disciplinary Council)

(5) In cases where the head or all deputies of the head of an agency or unit directly employ civil servants specified in Point b, Clause 1 or Point b, Clause 2 or Point c Clause 3 Article 28 Decree 112/2020/ND-CP falls into one of the cases specified in Clause 11 Article 2 Decree 112/2020/ND-CP, then appoint 01 civil servant of the agency directly employing the civil servant who committed the violation to replace him.

(Previously stipulated: In cases where the head or all deputies of the head of a civil servant management agency or an agency decentralized to manage civil servants is a person with rights and obligations regarding violations of civil servants being considered for disciplinary action, the leader of the immediate superior agency of the civil servant management agency, or the agency decentralized to manage civil servants, is the Chairman of the Council).

(6) In case the head and all deputies of the head of the agency have the authority to discipline civil servants as prescribed in Point a, Clause 1 or Point a, Clause 2 or Point a Clause 3 Article 28 Decree 112/2020/ND-CP falls into one of the cases specified in Clause 11 Article 2 Decree 112/2020/ND-CP, the head of the immediate superior agency of that agency shall be the Chairman of the Council.

(Previously stipulated: if the head or all deputies of the head of the agency or unit directly employing the civil servant are the person with rights and obligations related to the violation of the civil servant being considered for disciplinary action, then appoint 01 civil servant of the agency directly employing the civil servant who committed the violation to replace).

Duong Chau Thanh

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