Who has the power to take disciplinary actions against Vietnamese officials?

Who has the power to take disciplinary actions against Vietnamese officials? (Illustrative image)

According to Article 24 of Decree 112/2020/ND-CP,  the power to take disciplinary actions against Vietnamese officials is specified as follows:

1. For officials holding leading or managerial positions, the head of the agency, organization, or unit that has the power to appoint or is granted the power to appoint, shall take disciplinary actions and decide on disciplinary measures.

2. For officials not holding leading or managerial positions, the head of the supervisory agency or the head of the agency delegated to manage the officials shall take disciplinary actions and decide on disciplinary measures. The President of the district People's Committee shall take disciplinary actions and decide on disciplinary measures against commune-level officials.

3. For seconded officials, the head of the receiving agency shall take disciplinary actions and agree on the disciplinary measure with the old agency before deciding on disciplinary measures. The application and decision on the disciplinary action of seconded officials must be sent to the supervisory agency of the seconded officials.

4. In case an official commits violations while working at the previous agency, organization, or unit, and these violations are discovered when the official has moved to a new agency and is still within the statute of limitations for disciplinary action, the former agency where the official worked shall take the disciplinary action. The application and decision on disciplinary action must be sent to the current workplace of the official.

5. For officials working in the People's Court and the People's Procuracy in Vietnam, the power to take disciplinary actions shall follow the regulations of the agency responsible for managing officials.

Note: In case the agency with the power to take disciplinary actions has been dissolved, partly or wholly divided, merged, or amalgamated, the responsible individuals must hand over the application to the current agency where the official is working to take the disciplinary action. The application and decision on the disciplinary action of the official must be sent to the supervisory agency of the official.

Additionally, the disciplinary actions against officials are taken according to the following steps:

- Step 1: Organizing a review meeting;

- Step 2: Establishing a Disciplinary Council;

- Step 3: The competent authority issues a decision on the disciplinary action.

- In cases where disciplinary action is based on the decision of the competent investigative, prosecutorial, or judicial authority concerning the legal violations, the review meeting is not held.

- In cases where an official commits a legal violation and is sentenced to imprisonment without suspension or is convicted by the court for corruption, the review meeting and the establishment of the Disciplinary Council are not conducted.

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

Ty Na

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