Vietnam: Cases of dismissal of leading or managerial officials

Vietnam: Cases of dismissal of leading or managerial officials (Illustration)

According to Article 12 of Decree 112/2020/ND-CP, leading or managerial officials in Vietnam will be dismissed in the following cases:

1. A leading official who has been disciplined by demotion, or an official who has been disciplined by reprimand according to regulations but re-offend.

2. Commit the first violation causing particularly serious consequences in the case leading or managerial officials fail to perform their management and executive responsibilities and duties as assigned.

3. Commit the first violation causing particularly serious consequences in the case the head of an agency, organization, or unit allows serious legal violations to occur within their jurisdiction without taking preventive measures.

4. Commit the first violation causing particularly serious consequences in one of the following cases but not to the extent of removal from the office and a violator shows a willingness to correct, proactively mitigate the consequences, and has many mitigating circumstances:

- Commit violations against the regulations on ethics and communication culture of officials; the law provisions on the performance of officials' duties; labor discipline; internal rules and regulations of the agency, organization, or unit;

- Abuse one's position for personal gain; displaying a bossy attitude or causing difficulties and hassle for agencies, organizations, units, or individuals in the course of official duties; certifying or issuing legislative documents to individuals who do not qualify;

- Fail to comply with the decision of transfer or assignment made by the competent authority; failing to perform the assigned tasks without a legitimate reason; causing disunity in the agency, organization, or unit;

- Commit violations against laws on crime prevention; social evils prevention; social order and safety; anti-corruption; practicing thrift, combating waste;

- Commit violations against laws on protecting state secrets;

- Commit violations against laws on complaints and denunciations;

- Commit violations against regulations on democratic centralism, regulations on propaganda, and statements, and regulations on internal political protection;

- Commit violations against laws on investment, construction; land, natural resources and environment; finance, accounting, banking; management and use of public assets in the course of official duties;

- Commit violations against laws on domestic violence prevention; population, marriage and family; gender equality; social security; and other laws relating to officials.

5. Use illegal documents to be elected, approved, or appointed to positions.

Details can be found in Decree 112/2020/ND-CP effective from September 20, 2020.

Ty Na

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