Vietnam: Cases of exclusion, exemption, mitigation, and aggravation of disciplinary actions

This is a noteworthy content in Decree 103/2007/ND-CP stipulating the responsibilities of heads of agencies, organizations, units and the responsibilities of Vietnamese officials and public employees in thrift and wastefulness prevention.

Exemption,  Reduction,  Mitigation,  and  Aggravation  of  Disciplinary  Measures,  Decree  103/2007/ND-CP

Vietnam: Cases of exclusion, exemption, mitigation, and aggravation of disciplinary actions (Illustrative Image)

Article 24 of Decree 103/2007/ND-CP stipulates cases of exclusion, exemption, mitigation, and aggravation of disciplinary actions against violations related to thrift and wastefulness prevention in Vietnam:

1. Cases of exclusion and exemption from disciplinary actions:

- The head of an agency, organization, unit, officials, and public employees may be exempted from disciplinary responsibility if it can be proven that they could not have known or had already applied necessary measures to prevent the violations against regulations on thrift and wastefulness prevention according to the law;

- The head of an agency, organization, or unit who allows violations against regulations on thrift and wastefulness prevention in the agency, organization, or unit under their management and responsibility may be considered for disciplinary action in the form of reprimand. If they have voluntarily resigned and this resignation has been accepted by the competent authority, they may be exempted from disciplinary actions.

2. Cases of mitigation of disciplinary actions:

- The head of an agency, organization, or unit who allows violations against regulations on thrift and wastefulness prevention in the agency, organization, or unit under their management and responsibility may be considered for disciplinary action in the form of a warning or more severe measures. If they have voluntarily resigned and this resignation has been accepted by the competent authority, their disciplinary level may be reduced by one level;

- Vietnamese officials and public employees who violate regulations on practicing thrift and combating waste in the agency, organization, or unit but have proactively remedied the consequences may be considered for mitigation of disciplinary actions.

3. Cases of aggravation of disciplinary actions:

- The head of an agency, organization, or unit who has been disciplined for allowing violations against regulations on thrift and wastefulness prevention in the agency, organization, or unit under their management and responsibility but did not promptly prevent or address the violations within their scope of management and responsibility.

- Vietnamese officials and public employees who do not take necessary measures to prevent or rectify the consequences of wasteful behavior; upon discovering a violation against regulations on thrift and wastefulness prevention, intentionally conceal it, or do not promptly report it to the competent agency or organization.

Details can be seen in Decree 103/2007/ND-CP effective July 23, 2007.

Ty Na

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