Public Employees Need to Pay Attention to 04 Regulations Regarding Position Manipulation

1. Using personal affection of others to give gifts is considered as trading positions and power

This is stipulated in Article 10 of Regulation 205-QD/TW. Acts such as taking advantage of any occasion, using the guise of personal/organizational relationships, agencies, units, other individuals to present gifts, money, real estate, etc., to leaders, persons of authority/related persons for personal gain will be considered as trading positions and power.

In addition to the aforementioned act, a public official's actions will be considered as trading positions and power if they fall under any of the following circumstances:

- Approaching, establishing relationships, bribing, enticing persons in charge, with responsibility, authority/related persons to obtain positions, roles, benefits.

- Exploiting familiar relationships, advantages, the reputation of others, access to internal information/disadvantages of an organization or individual to influence, pressure, and set conditions with persons of authority, responsible in recommending, nominating, appointing oneself/others to positions or roles for personal or group intentions.

- Using one's family background, achievements, etc., to negotiate, set conditions, make unreasonable demands to the authority for personal benefits, etc.

- Employing other negative acts to acquire positions, roles, benefits.

2. Trading positions and power may result in criminal prosecution

Criminal prosecution is the highest form of penalty for those involved in trading positions and power. If the act does not warrant a criminal charge, depending on the nature and severity of the act, the person involved may be subject to one of the following:

- A reprimand: leads to removal from staff planning (if in planning). At least 18 months from the removal date must pass before staff planning can be reconsidered.

- A warning: consideration for removal from party committees/holding current office. Removal from staff planning (if in planning). At least 30 months from the decision date for removal from party committees or office must pass before staff planning can be reconsidered.

- Dismissal: leads to removal from staff planning (if in planning). At least 60 months from the removal date must pass before staff planning can be reconsidered.

- In cases of reprimand, warning, or dismissal: no placement in advisory, organizational, personnel, inspection, or auditing roles.

- Expulsion from the Communist Party: consideration for termination of employment/ending labor contracts.

Illustrative Image (Source: Internet)

3. Handling violations for those who have transferred jobs or retired

According to Regulation 205-QD/TW, individuals who have transferred jobs or retired will still be disciplined for trading positions and power during their tenure.

Additionally, for heads of party committees, party organizations, localities, agencies, or units who have announced retirement, pending retirement, or job transfer, written reports must be submitted, and approval from higher authorities obtained before proceeding with personnel matters within authorized decision-making levels.

4. Acts considered as shielding, abetting for trading positions and power

Article 11 of Regulation 205-QD/TW explicitly states the following acts are regarded as shielding and abetting for trading positions and power:

- Knowing personnel involved in trading positions and power but concealing, compromising without taking action, failing to report according to the regulatory authority upon receiving petitions, letters reflecting or accusing the personnel of violations.

- Exploiting one's position, authority, reputation/family reputation to influence, pressure others to make decisions, advise, propose, vote, etc., for nominating personnel as per one's intentions.

- Certifying, endorsing, commenting, evaluating dishonestly, falsifying personnel documents, election results, trust votes, exams for personal gain.

- Delaying or not executing processes when favorable timing for personnel of one's favor is observed to carry out personnel procedures.

- Accepting bribes, support, brokerage, and other actions to help personal/others achieve undue positions, roles, benefits as stated in Article 10 of this Regulation.

More details can be found in Regulation 205-QD/TW, effective dated September 23, 2019.

Ngoc Duy

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