The Ministry of Finance is drafting a Decree detailing the application of disciplinary measures and compensation for damages related to wasteful practices and violations in the organization and implementation of waste prevention and control.
Accordingly, the Ministry of Finance proposed drafting a Decree detailing the application of disciplinary measures and compensation for damages related to wasteful practices and violations in the organization and implementation of waste prevention and control, comprising 3 chapters and 30 articles. Besides general provisions, the draft proposes specific regulations on: Disciplinary action (Articles 4 to 7); and compensation for damages (Articles 8 to 28).
The draft clearly states that those subject to disciplinary action include: Heads of agencies and organizations, and deputy heads, who allow wasteful practices to occur within their agencies, organizations, units, enterprises, or areas under their management and supervision; and officials, civil servants, and public employees who engage in wasteful practices or violations in the organization and implementation of waste prevention and control measures.
The party responsible for compensating for damages is the person who committed the wasteful act.
According to the draft, cases are excluded from disciplinary action; disciplinary action is waived or mitigated in accordance with the Law on Cadres and Civil Servants, the Law on Public Employees, Decree No. 73/2023/ND-CP on encouraging and protecting dynamic, creative cadres who dare to think, dare to act, and dare to take responsibility for the common good, and other relevant legal provisions.
In addition to the cases specified above, violations with one or more of the following circumstances may result in a reduction of the disciplinary penalty: Acting on orders or decisions from superiors without knowing that those orders or decisions were illegal; proactively detecting and applying necessary measures within their authority or reporting to competent authorities to prevent, handle, or remedy the consequences of the violation.
Specifically, the draft Decree proposes that the disciplinary measure of reprimand be applied in cases where wasteful behavior occurs in agencies, organizations, units, enterprises, or fields under their management and supervision, but does not warrant criminal prosecution or is subject to criminal prosecution in the form of fines, non-custodial correctional penalties, or imprisonment for up to 3 years.
A disciplinary warning is applied in cases where wasteful behavior occurs in agencies, organizations, units, businesses, or areas under their management and supervision, and is punishable by imprisonment from over 3 years to 7 years.
Dismissal from office is a disciplinary measure applied in cases where wasteful behavior occurs in agencies, organizations, units, businesses, or areas under their management and supervision, and the punishment is imprisonment from over 7 years to 20 years.
Mr. Vu
Source: https://daidoanket.vn/de-xuat-cach-chuc-neu-de-xay-ra-lang-phi-bi-phat-tu-den-20-nam.html
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