Vietnamese public employees eligible for disciplinary responsibility exemption must be inspected by a functional authority

Vietnamese public employees eligible for disciplinary responsibility exemption must be inspected by a functional authority (Illustration)

According to Article 45 of Circular 09/2012/TT-BNV, matters regarding disciplinary actions against Vietnamese public employees to be inspected include:

- The authority to propose and decide on disciplinary actions against Vietnamese public employees;

- Consideration of cases that have not yet been considered for disciplinary action; cases eligible for disciplinary responsibility exemption;

- Disciplinary measures against Vietnamese public employees and the violations corresponding to each disciplinary measure applied;

- The statute of limitations for disciplinary action; duration of disciplinary action;

- Establishment, membership, and duties of the Disciplinary Council (in cases where the Disciplinary Council is established); Compensation Liability Handling Council; Reimbursement Liability Handling Council;

- Procedures for disciplinary actions against Vietnamese public employees;

- Application of benefits and policies for Vietnamese public employees during detention, custody, and work suspension;

- Other contents as regulated in Decree 27/2012/ND-CP dated April 06, 2012 of the Government of Vietnam and other legal regulations on disciplinary actions against Vietnamese public employees.

In addition, the matters regarding the settlement of severance and retirement procedures for Vietnamese public employees to be inspected include:

- Settlement of severance for public employees

- Grounds and reasons for settlement of severance for public employees;

- Procedures for settlement of severance for public employees in the following cases: severance as per personal wish; unilateral termination of working contract; illness requiring 12 continuous months of treatment, public employees on fixed-term contracts requiring 06 continuous months of treatment and unable to recover work capability; due to natural disasters, fires or other force majeure reasons as regulated by the Government of Vietnam causing public service providers to downscale, rendering the position held by the public employee non-existent; when the public service provider shuts down as decided by the competent authority;

- Application of severance allowance for public employees.

- Other contents regulated in Articles 38 and 39 of Decree 29/2012/ND-CP dated April 12, 2012 of the Government of Vietnam and other legal regulations on settlement of severance for public employees.

Retirement procedures for public employees

- Conditions for public employees to retire;

- Determination of the retirement date;

- Process for settlement of retirement for public employees;

- Conditions and standards for extending the retirement age for public employees;

- Other contents regulated in Article 40 Decree 29/2012/ND-CP dated April 12, 2012 of the Government of Vietnam and other legal regulations on retirement settlement for public employees.

Details may be found in Circular 09/2012/TT-BNV effective on February 01, 2013.

Le Vy

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