Grounds for imposing work suspension in necessary cases on officials in Vietnam

Grounds for imposing work suspension in necessary cases on officials in Vietnam (Internet image)

On May 23, 2024, the Politburo issued Regulation 148-QD/TW on the authority of the head in implementing work suspension for lower-level officials in necessary cases or when there are signs of serious violations of Party regulations.

Grounds for imposing work suspension in necessary cases on officials in Vietnam

Article 4 of Regulation 148-QD/TW on May 23, 2024 stipulates the grounds for imposing work suspension in necessary cases on officials in Vietnam as follows:

- Officials who violate ethical qualities, lifestyles that have negative impacts and cause public outrage, adversely affecting the reputation of organizations and individuals.

- Officials intentionally delay, push aside, evade responsibilities, and fail to perform tasks within their jurisdiction and assigned duties.

- Officials with disruptive, negative behaviors that cause inconvenience to citizens, businesses, and organizations in the course of performing official duties.

- Officials who are under consideration for disciplinary actions deliberately delay or evade the requirements of the competent authority in the process of examining and handling their own violations or exploit their positions, powers, and influence to impact and cause difficulties in the examination and handling process.

- Officials who have been disciplined by the Party with a warning or dismissal and are awaiting examination and handling of their government positions, and if they continue to work, it will have a negative impact on the activities of Party committees, Party organizations, agencies, and units.

Grounds for imposing work suspension in cases where there are signs of serious violations on officials in Vietnam

According to Article 5 of Regulation 148-QD/TW on May 23, 2024, the grounds for imposing work suspension in cases where there are signs of serious violations on officials in Vietnam include:

- Officials who have been prosecuted to serve investigation work.

- In the process of examining and handling the violations of officials, there is a basis to determine that disciplinary action must be taken from a warning or higher or handled by criminal law where inspection, audit, investigation, prosecution, trial, enforcement agencies have a written request for work suspension for officials.

Authority of the head in imposing work suspension in Vietnam

According to Article 6 of Regulation 148-QD/TW on May 23, 2024, the authority of the head in imposing work suspension in Vietnam is as follows:

- The head has the authority to decide work suspension for lower-level officials according to the List attached to Regulation 148-QD/TW when there is one of the bases stipulated in Article 4, Article 5 of Regulation 148-QD/TW on May 23, 2024. In cases not yet included in the List, the authorized head at the appropriate level shall appoint and manage the examination and decision on work suspension.

The Politburo, the Party Central Committee will consider and decide on work suspension for officials under the management of the Politburo, the Party Central Committee; the agencies and units shall carry out the relevant procedures as prescribed.

- Request relevant functional agencies and individuals to provide information, documents related to the decision on work suspension or request functional agencies to inspect, verify, clarify, and handle violations as prescribed.

- Require officials who are under work suspension to comply with the requirements of the competent authority or individuals to serve the investigation, verification, clarification, and handling of violations.

More details can be found in Regulation 148-QD/TW which comes into force from May 23, 2024.

To Quoc Trinh

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