Vietnam: Procedures for taking disciplinary actions against retired or resigned individuals

Vietnam: Procedures for taking disciplinary actions against retired or resigned individuals (Illustration)

Decree 112/2020/ND-CP specifically stipulates the procedures for taking disciplinary actions against retired or resigned individuals in Vietnam as follows:

- Depending on the disciplinary decision of the competent authority, the advisory body on personnel work of the competent authority taking disciplinary actions proposes the disciplinary measure, time of discipline, and time limit for taking the disciplinary measure.

- For cases under the disciplinary authority of the Standing Committee of the National Assembly, the Prime Minister of Vietnam, the competent managing and employing agency proposes the disciplinary measure, time of discipline, and time limit for taking the disciplinary measure.

- For cases under the disciplinary authority of the Prime Minister of Vietnam, the proposal is simultaneously sent to the Ministry of Home Affairs for appraisal and reporting to the Prime Minister of Vietnam for consideration and decision.

- In cases where a disciplinary decision by the competent authority for individuals who have resigned or retired and violated during their working period has not been issued, the competent authority as stipulated in Article 22 of this Decree decides on the disciplinary action and is responsible for their decision.

- The competent authority issues the disciplinary decision.

Additionally, this Decree stipulates the authority to take disciplinary actions against retired or resigned individuals in Vietnam as follows:

- In cases of disciplinary action by recall of title or position, the competent authority approving or deciding on the approval of election results, or appointment to the highest position will issue the disciplinary decision. In this case, the competent authority decides to take disciplinary actions for other related positions or titles.

- In cases of disciplinary action by reprimand or warning, the competent authority approving or deciding on the approval of election results or appointment to the position or title will issue the disciplinary decision.

- For those holding positions or titles in state administrative agencies approved by the National Assembly, the Prime Minister of Vietnam will issue the disciplinary decision.

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

Ty Na

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE