The above content is mentioned in the draft Law on Cadres and Civil Servants (amended) for which the Ministry of Home Affairs sought opinions from domestic and foreign agencies, organizations and individuals.
In what cases are officials "dismissed"?
This draft law devotes a chapter to disciplinary issues, with several new points proposed by the drafting agency.
Regarding exemption from liability for cadres and civil servants, the draft law continues to maintain two cases of exemption from liability compared to the current Law on Cadres and Civil Servants.
Including: Having to comply with an illegal decision of a superior but reporting to the decision maker before compliance; Due to force majeure as prescribed by law.
In addition, the Ministry of Home Affairs proposed another case where officials and civil servants are exempted from responsibility: " The behavior is determined by the competent authority to be daring to think, daring to do, daring to take responsibility for the common interest ."
Regarding disciplinary measures for officials, the draft law clearly states that officials who violate the provisions of this law and other relevant legal provisions shall, depending on the nature and severity of the violation, be subject to one of five disciplinary measures: reprimand; warning; dismissal; removal from office; and removal from the position or title held.
" Dismissal only applies to officials approved to hold positions for a term ," the draft law states.
Along with that, the application of disciplinary measures, authority, order and procedures for handling disciplinary actions against officials are carried out in accordance with the provisions of law, the Charter of the Communist Party of Vietnam , socio-political organizations and documents of competent agencies and organizations.
According to the current Law on Cadres and Civil Servants, cadres are subject to 4 forms of disciplinary action: reprimand, warning, dismissal, and removal from office.
Thus, compared to current regulations, the Ministry of Home Affairs proposes to add a new form of removing the position and title held by the violating cadre.
5 forms of discipline for civil servants
Regarding disciplinary measures for civil servants, the Ministry of Home Affairs proposes that civil servants who violate the provisions of this law and other relevant legal provisions, depending on the nature and severity of the violation, shall be subject to one of five disciplinary measures: reprimand; warning; dismissal; forced resignation; removal from office or title.
According to the current Law on Cadres and Civil Servants, for civil servants holding leadership and management positions, disciplinary measures include: reprimand, warning, salary reduction, demotion, dismissal, and forced resignation. In cases where civil servants do not hold leadership and management positions, there are no disciplinary measures of demotion or dismissal, but only four measures: reprimand, warning, salary reduction, and forced resignation.
Regarding the statute of limitations and the time limit for disciplinary action, the draft Law on Cadres and Civil Servants (amended) clearly states that the statute of limitations for disciplinary action is the time limit after which a cadre or civil servant who commits a violation will not be subject to disciplinary action. The statute of limitations for disciplinary action is calculated from the time of the violation.
The time limit for disciplinary action against cadres and civil servants is the period from the time of discovery of a disciplinary violation by a cadre or civil servant until the decision on disciplinary action is made by the competent agency or organization.
In addition, the draft law also stipulates that the implementation of other regulations related to discipline of cadres and civil servants is carried out in accordance with the provisions of law and of competent authorities.
PV (synthesis)Source: https://baohaiduong.vn/de-xuat-mien-trach-nhiem-voi-can-bo-dam-nghi-dam-lam-vi-loi-ich-chung-408465.html
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