The draft consists of 5 chapters and 43 articles, regulating the principles of disciplinary action, the application of disciplinary measures corresponding to violations, and the authority, order, and procedures for disciplinary action against cadres, civil servants, and public employees.
Applicable subjects are: Officials in state administrative agencies; Chairman, Vice Chairman of People's Council, Head, Vice Head of People's Council; civil servants; public employees; officials, civil servants, and public employees who have retired or retired.
According to the Ministry of Home Affairs , the draft Decree amending the principles of disciplinary action (Article 2) adds the following content: "In cases where the 30-day deadline has passed but the disciplinary action is still within the statute of limitations, the agency, organization, or unit must continue to implement the administrative disciplinary action procedure according to regulations" to overcome practical difficulties; "Cadres, civil servants, and public employees who are unjustly disciplined must be apologized and have their rights restored" to institutionalize the provisions in Clause 12, Article 8 of the draft Regulations of the Central Executive Committee on the Party's inspection, supervision, and disciplinary work.
The draft supplements cases exempted from disciplinary responsibility (Article 4) with the following content: "Having fully implemented procedures and regulations, not seeking personal gain in the process of performing duties and tasks, but there is damage due to objective risks"; "Implementing proposals on innovation and creativity permitted by competent authorities and determined by competent authorities to have been implemented in accordance with policies, with pure motives, for the common good, but damage has occurred".
Disciplinary measures for officials and civil servants: Eliminate the disciplinary measure of demotion for officials holding leadership and management positions (because the Law on Officials and Civil Servants 2025 has eliminated the disciplinary measure of demotion), eliminate salary reduction for officials not holding leadership and management positions (replaced by warning to comply with the Law on Officials and Civil Servants 2025 and the level of the violation). Specifically, applicable to officials: Reprimand; Warning; Removal from office applies to officials approved, appointed or designated to hold positions and titles; Dismissal. Applicable to civil servants: Reprimand; Warning; Removal from office applies to officials holding leadership and management positions; Forced resignation.
The Draft Decree also adds a replacement subject in the Disciplinary Council for civil servants and public employees. In addition to the cases specified in Clause 11, Article 2 of this Decree, in cases where members of the Disciplinary Council are members of the same case under disciplinary review, they will be replaced to suit the practical situation. The Draft Decree also removes the Council member who is a representative of the Executive Committee of the trade union to implement the policy of ending the non-establishment of trade union organizations in administrative agencies and public service units according to Conclusion No. 157-KL/TU dated May 25, 2025 of the Politburo ...
The period for public consultation is from June 3 to 12, 2025.
Source: https://hanoimoi.vn/lay-y-kien-nhan-dan-ve-xu-ly-ky-luat-can-bo-cong-chuc-vien-chuc-704426.html
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