Basis for the decisions to suspend or temporarily reassign office holders in Vietnam

Basis for the decisions to suspend or temporarily reassign office holders in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1.  Basis for the decisions to suspend or temporarily reassign office holders in Vietnam

Specifically, according to Article 43 of Decree 59/2019/ND-CP, basis for the decisions to suspend or temporarily reassign in Vietnam includes:

- The decisions to suspend or reassign the office holders are made only if there is evidence suggesting that the office holders whose violations involve corruption and the continuation in the positions can possibly hinder the sanctions.

- The basis suggesting that the office holders commit violations involve corruption can be any of the followings:

+ The written notice of the Inspecting agencies, State Audit Office of Vietnam, investigating authorities, People’s Procuracies, People’s Courts;

+ The processes of verifying, clarifying the contents of the denunciation form reveal signs of corrupted acts of office holders;

+ The internal examinations of agencies, organizations or units reveal signs of corrupted acts of office holders;

+ The implementation of supervising, directing or operating reveals the office holders’ violations in carrying out assignments, managing and using public finance and property.

- The office holder will be considered to be possible hindrance to the sanctions of competent authorities if he/she:

+ Fails to provide or provide partial, false information, documents;

+ Impede or evade the requests of competent individuals during the verification, clarification process of the violations deliberately;

+ Breaks the seals of documents, destroy information, documents or evidence of their own free will; dispose of property involve in the violations;

+ Abuses their or someone else’s title, authorization or influence to cover up the violations and hinder the verification, clarification.

2. Rights and obligations of individuals making the decisions to suspend or temporarily reassign office holders in Vietnam

Pursuant to Article 44 of Decree 59/2019/ND-CP (amended in Decree 134/2021/ND-CP), rights and obligations of individuals making the decisions to suspend or temporarily reassign office holders in Vietnam are as follows:

- The individual who makes the decisions to suspend or temporarily reassign office holders shall have the rights to:

+ Request the Inspecting agencies, State Audit Office of Vietnam, investigating authorities, procuracies to provide information and/or documents to clarify the basis for the decision to suspend or temporarily reassign;

+ Demand that the office holders who are suspended or temporarily reassigned cooperate with competent agencies or individuals to verify and clarify the corrupted acts.

- The individual who makes the decisions to suspend or temporarily reassign office holders shall have the obligations to:

+ Send the decisions to the office holders who are suspended or temporarily reassigned, to agencies, organizations or units where they are working and where they are temporarily reassigned to;

+ Cancel the decisions to suspend or temporarily reassign the office holders after the competent authorities conclude that they do not involve in the corruption.;

+ Announce publicly to the officials, public officials and public employees in his/her agencies, organizations or units that the decisions to suspend or temporary reassign office holders are overruled;

+ Restore the legal rights and privileges of the office holders after the competent authorities conclude that they do not involve in the corruption or after the suspension, temporary reassignment period comes to an end while their involvement in corruption remains unverifiable.

3. Rights and obligations of office holders who are suspended or temporarily reassigned in Vietnam

Rights and obligations of office holders who are suspended or temporarily reassigned in Vietnam are specified in Article 45 of Decree 59/2019/ND-CP (amended in Decree 134/2021/ND-CP) as follows:

- The office holder who is suspended or temporarily reassigned shall have the rights to:

+ Accept the decision to suspend or temporarily reassign;

+ Accept the notice of the competent authorities concluding the verification and clarification processes of the corruption;

+ Request the deciders to reconsider their decision when there is basis suggesting that the decisions are against the law and that the decisions violate his/her legal rights and benefits;

+ Request the deciders to cancel the decisions before the suspension or temporary reassignment period ends if the competent state authorities have no conclusions regarding the corruption or after the competent authorities conclude he/she does not involve in corruption;

+ Request the competent individuals to restore his/her legal rights and privileges.

- The office holder who is suspended or temporarily reassigned shall have the obligations to:

+ Comply stringently with the competent individuals’ decisions to suspend or temporarily reassign;

+ Provide related information and documents and collaborate with competent agencies in the verifications and clarification processes of the corruption;

+ Comply with rules and regulations of the agencies or organizations where he/she is reassigned to during the reassignment period.

Ho Quoc Tuan

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