Will officials who violate traffic regulations be disciplined in Vietnam? – Kieu Diem (HCMC)
Will officials who violate traffic regulations be disciplined in Vietnam? (Internet image)
According to Article 8, Clause 4 of the Law on Officials 2008, officials have an obligation to strictly comply with the Party's guidelines, policies, and the laws of the State.
Based on Clause 1 of Article 6 of Decree 112/2020/ND-CP, amended by Clause 5 of Article 1 of Decree 71/2023/ND-CP, violations that are subject to discipline in Vietnam are defined as follows:
- Officials and public employees who violate regulations regarding the obligations of officials and public employees; actions that officials and public employees are not allowed to do; internal regulations of agencies, organizations, and units; violations of ethics, lifestyle, or other laws while performing their duties shall be considered for disciplinary measure.
- The severity of the violation is determined as follows:
+ Minor violations are those that have minor consequences, with no significant harm, and impact within the internal scope, affecting the credibility of the agency, organization, and working unit.
+ Serious violations are those that have significant consequences, with a high level of harm and impact beyond the internal scope, causing negative public opinion among officials, public employees, and the public, and reducing the credibility of the agency, organization, and working unit.
+ Very serious violations are those that have severe consequences, with a very high level of harm and impact on society as a whole, causing extremely negative public opinion among officials, public employees, and the public, and diminishing the credibility of the agency, organization, and working unit.
+ Particularly serious violations are those that have extremely severe consequences, with an exceptionally high level of harm and impact on society as a whole, causing particularly intense public opinion among officials, public employees, and the public, and eroding the credibility of the agency, organization, and working unit.
Therefore, officials must strictly comply with the laws of the State. In the case of officials who violate traffic regulations, they will be considered for administrative disciplinary measure.
According to Clauses 2 and 3 of Article 7 of Decree 112/2020/ND-CP, the forms of disciplinary measure for officials are as follows:
- Applicable to officials who do not hold leadership or managerial positions:
+ Reprimand.
+ Warning.
+ Salary demotion.
+ Removal from office.
- Applicable to officials who hold leadership or managerial positions:
+ Reprimand.
+ Warning.
+ Demotion.
+ Dismissal.
+ Removal from office.
According to Article 24 of Decree 112/2020/ND-CP, the authority to impose disciplinary measure on officials is as follows:
- For officials who hold leadership or managerial positions, the competent authority responsible for appointment or the delegated authority for appointment shall conduct disciplinary proceedings and decide on the form of disciplinary measure.
- For officials who do not hold leadership or managerial positions, the officials in charge of managing officials in the relevant agency or the head of the managing agency shall carry out disciplinary proceedings and decide on the form of disciplinary measure. In the case of officials at the commune level, the Chairperson of the People's Committee at the district level shall carry out disciplinary proceedings and decide on the form of disciplinary measure.
- For officials on special missions, the head of the agency where the officials are assigned to the special mission shall handle disciplinary proceedings and agree on the form of disciplinary measure with the sending agency before deciding on the form of disciplinary measure. The file and decision on disciplinary measure for officials on special missions must be sent to the managing agency for officials on special missions.
- In the case where officials commit violations during their tenure at the previous agency, organization, or unit, but the violation is discovered after being transferred to a new agency and still within the disciplinary proceedings period, the former agency where the officials worked shall handle disciplinary proceedings. The file and decision on disciplinary measure must be sent to the agency where the officials are currently working.
- In the case where the competent authority to impose disciplinary measure has been dissolved, divided, merged, or unified, the relevant responsible individuals must transfer the files to the agency where the officials are currently working to carry out disciplinary proceedings. The file and decision on disciplinary measure for officials must be sent to the managing agency.
- For officials working in the People's Court and People's Procuracy, the authority to impose disciplinary measure shall be carried out according to the regulations of the competent agency managing officials.
How will officials subject to discipline be graded in Vietnam?
Article 11 of Decree 90/2020/ND-CP, amended by Clause 4 of Article 1 of Decree 48/2023/ND-CP, stipulates criteria for grading the quality of officials as failure in completing tasks as follows:
- Showing signs of deterioration in political ideology, ethics, lifestyle, self-transformation, and self-reformation as assessed by the competent level.
- Having a negative impact on the reputation and image of the agency, organization, or working unit.
- Violating laws, regulations, and internal regulations, causing damage or losses to the agency, organization, or working unit.
- Receiving disciplinary measure due to violations of regulations, even if the violations are not serious or very serious.
According to the above regulations, officials who commit violations and are subjected to disciplinary measure during the evaluation period will be classified as having a quality level of unfulfilled tasks.
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