Propose disciplinary measures for officials and civil servants who violate regulations.

Kinhtedothi - Officials who violate the regulations of the Law on Officials and Civil Servants and other relevant legal regulations will be subject to one of five forms of disciplinary action, depending on the nature and severity of the violation - a noteworthy content in the recently completed draft of the amended Law on Officials and Civil Servants.

Cases of officials being "dismissed from their positions"

The Ministry of Interior has completed the draft Law on Cadres and Civil Servants (amended) and is currently seeking feedback from agencies, organizations, and individuals. This amendment introduces regulations concerning cadres and civil servants when local governments are organized into two levels (provincial and grassroots). Notably, the draft Law continues to dedicate a chapter to disciplinary procedures, with several new points proposed by the drafting agency.

Specifically, the draft states that exemption from liability for officials and civil servants applies in three cases: officials and civil servants must comply with illegal decisions of superiors but have reported to the decision-maker before complying; actions determined by competent authorities to be acts of daring to think, act, and take responsibility for the common good; and force majeure as stipulated by law.

Notably, according to the draft, officials who violate the provisions of the Law on Cadres and Civil Servants and other relevant legal regulations will be subject to one of five disciplinary measures, depending on the nature and severity of the violation.

Specifically, the Ministry of Interior proposed disciplinary measures including: reprimand; warning; dismissal; removal from office; and revocation of the title or position held. Dismissal only applies to officials approved to hold positions for a fixed term.

Furthermore, the application of disciplinary measures, authority, procedures, and processes for handling disciplinary actions against officials are carried out in accordance with the law, the charter of the Communist Party of Vietnam , political and social organizations, and documents of competent agencies and organizations.

According to Decree 112/ND-CP, officials are subject to disciplinary action in four forms: reprimand, warning, demotion, and dismissal. Thus, compared to current regulations, the Ministry of Interior proposes an additional form of disciplinary action: "removal of the official's status or title from the position held by the offending official."

5 forms of disciplinary action against civil servants

Regarding disciplinary measures for civil servants, the draft clearly states that civil servants who violate the provisions of this Law and other relevant laws, depending on the nature and severity of the violation, shall be subject to one of five disciplinary measures: reprimand, warning; demotion; dismissal; or removal from the position or title previously held. Under current regulations, civil servants holding leadership and management positions are subject to disciplinary measures including reprimand, warning, demotion, dismissal, and dismissal.

In the case of civil servants who do not hold leadership or management positions, there is no disciplinary measure of dismissal; only four forms of disciplinary action are available: reprimand, warning, demotion in salary grade, and forced termination of employment.

The Ministry of Interior has completed the draft of the amended Law on Cadres and Civil Servants and is currently seeking feedback from agencies, organizations, and individuals.

Regarding the statute of limitations for disciplinary action, the draft states that the statute of limitations for disciplinary action is the period after which an official or civil servant who committed a violation will not be subject to disciplinary action. The statute of limitations for disciplinary action is calculated from the time the violation occurred.

The time limit for disciplinary action against officials and civil servants is the period from the discovery of the disciplinary violation by the official or civil servant to the issuance of a disciplinary decision by the competent agency or organization.

Furthermore, the draft amendment also stipulates that the implementation of other regulations related to the discipline of officials and civil servants shall be carried out in accordance with the law and the regulations of the competent authority.

完善 regulations on attracting talent into public service

In this draft law, another noteworthy point mentioned by the Ministry of Interior is the refinement of regulations on attracting and utilizing talented individuals in public service to meet requirements. The drafting agency believes this aims to further institutionalize the Party's policy on attracting and utilizing talent, creating a complete legal basis for the Government and all levels and sectors to implement it.

Firstly, institutionalize the principle of implementing a public-private partnership mechanism for human resources in accordance with the spirit of Resolution No. 18 to attract the maximum number of experts, managers, business administrators, leading scientists, outstanding graduates, and talented young scientists from the private sector to work in agencies within the political system.

At the same time, there is a policy of valuing human resources within the system, focusing on cadres and civil servants with outstanding abilities and whose work results are demonstrated through concrete achievements and products that contribute to the agency, organization, unit, and the development of the country.

Secondly, implement the policy of building a special mechanism to attract Vietnamese people abroad and highly qualified foreigners, building, connecting, and developing a network of experts and scientists domestically and internationally to leverage experience, intellectual resources, and advanced achievements to further improve the civil service system, aiming for an effective, efficient, and effective public service system with the purpose of serving the people and businesses.

Thirdly, continue to empower the Government to issue specific mechanisms and policies; decentralize and delegate authority to ministries, sectors, and localities based on the specific development requirements of their respective industries, fields, and localities to issue superior policies to attract talented individuals to work in agencies, organizations, and units under their management.

The draft Law on Cadres and Civil Servants (amended) is expected to be submitted to the National Assembly for consideration at the 9th Session, which opens in early May.

Source: https://kinhtedothi.vn/de-xuat-cac-hinh-thuc-ky-luat-can-bo-cong-chuc-vi-pham.html