Grounds for considering dismissal of the positions of Procurator and Inspector in Vietnam

Grounds for considering dismissal of the positions of Procurator and Inspector in Vietnam (Internet image)

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

What is dismissal of position?

Dismissal of position is a decision by a competent authority to let a civil servant stop holding his or her position before the expiration of the appointment term due to reasons such as being unable to complete assigned tasks or being automatically dismissed according to law.

(Clause 1 of Article 3 of the Regulations promulgated together with Decision 442/QD-VKSTC 2023)

Grounds for considering dismissal of the positions of Procurator and Inspector

The dismissal of the position of Procurator and Inspector is carried out in the following cases:

- Procurators and Inspectors are automatically relieved of their positions when they retire, quit their jobs, or change industries.

- Procurators and Inspectors may be dismissed from their positions due to health reasons, family circumstances, or other reasons when deemed unable to complete assigned tasks.

(Article 7 of the Regulations promulgated together with Decision 442/QD-VKSTC 2023)

Process for considering dismissal of the positions of Procurator and Inspector in Vietnam

The consideration of dismissing civil servants holding the positions of Procurator and Inspector is carried out as follows:

- Step 1: When there is a basis for dismissal, the representative of the unit's leadership employing civil servants and the representative of the unit advising on the organization of cadres will discuss with civil servants. The unit employing civil servants proposes to the competent authority to consider dismissing the civil servant from duty (through the consulting unit on personnel organization);

- Step 2: The consulting unit on personnel organization submits to the Procuracy Committee at the same level for its opinion on the dismissal of civil servants. Dismissal is made when more than 50% of the total members approve; In cases where the rate is 50%, it will be implemented according to the opinion of the Director;

- Step 3: The Procuracy Committee of the People's Procuracy at all levels requests the Chief Procurator of the Supreme People's Procuracy dismiss Senior Procurators, Intermediate Procurators, Junior Prosecutors, Senior Inspectors, Main Inspectors of their level; submit this to the Director of the People's Procuracy at the same level to dismiss the Inspector position.

(Clause 2, Article 8 of the Regulations issued together with Decision 442/QD-VKSTC in 2023)

Principles for implementing dismissal, resignation, and dismissal of civil servants in the People's Procuracy sector in Vietnam

The dismissal, resignation, and dismissal of civil servants in the People's Procuracy must comply with the following principles:

- The Party Committee of the Supreme People's Procuracy leads the organization of cadres in the People's Procuracy sector. Leaders and Party Committees of the Higher People's Procuracy lead personnel work at the Higher People's Procuracy. The Party Committee of the Provincial People's Procuracy leads the organization of personnel work at the Provincial People's Procuracy.

- Ensuring the principle of democratic centralism; the Party's principles and regulations; the State's laws on personnel organization and regulations on power control; prevention of corruption and negativity; Raise the responsibility of party committees, leadership collectives, agencies, and units, especially the head, in dismissing, resigning, and demoting civil servants.

- Resolutely and promptly considering dismissing, resigning, and dismissing civil servants when there are sufficient grounds. Not accepting the resignation letters of civil servants who are subject to dismissal.

(Article 4 of the Regulations promulgated together with Decision 442/QD-VKSTC 2023)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE