Public service is a type of activity in the name of state power. Talking about public service is talking about the responsibilities of cadres and civil servants in exercising their rights and obligations in order to serve the people and society. Thus, civil servants are not only workers but also perform the tasks and powers entrusted by the people and are responsible to the Party, the State and the people. So about the matter “Authority to discipline civil servants in Vietnam” Let’s find out with LSX in the article below.
Legal basis
- Decree 112/2020/ND-CP disciplining officials, civil servants and public employees
Authority to discipline civil servants in Vietnam
Authority to discipline civil servants in Vietnam, pursuant to the provisions in Article 24 of Decree 112/2020/ND-CP on the competence to discipline civil servants as follows:
• For civil servants holding leadership positions, managers, heads of agencies, organizations or units competent to appoint or delegated authority to appoint, conduct disciplinary actions and decide on disciplinary forms. the law.
• For civil servants who do not hold leadership or managerial positions, the head of the management agency or the head of the agency authorized to manage the civil servant shall take disciplinary action and decide on the form of discipline. For commune-level civil servants, the chairperson of the district-level People’s Committee shall take disciplinary action and decide on the form of discipline.
• For seconded public servants, the head of the agency where the seconded civil servant is dispatched shall take disciplinary action and agree on the form of discipline with the seconded agency before deciding on the form of discipline. Dossiers and decisions to discipline separate public servants must be sent to the agency managing the seconded public servants.
• In case a civil servant commits a violation while working at the old agency, organization or unit, only when he/she moves to a new agency will such violation be discovered and is still within the statute of limitations for disciplinary action. then the old agency where the civil servant worked shall take disciplinary action. Dossiers and decisions on disciplinary action must be sent to the agency where the civil servant is working. In case the agency competent to handle disciplinary actions has been dissolved, divided, split, consolidated or merged, the responsible persons must hand over the dossier to the agency where the civil servant is working to handle the case. discipline. Dossiers and decisions on disciplinary action against civil servants must be sent to the agency managing civil servants.
• For civil servants working in the People’s Court and the People’s Procuracy, the competence to handle disciplinary actions shall comply with the regulations of the agency competent to manage public employees.
What is the order and procedure for disciplining civil servants?
Pursuant to the provisions of Article 25 of Decree 112/2020/ND-CP on the order and procedures for disciplining civil servants.
Disciplinary action against civil servants shall be carried out according to the following steps:
• Organize review meetings;
• Establishing a Disciplinary Council;
• Competent authorities make decisions on disciplinary action.
If disciplinary action is taken under the decision of a competent authority specified in Clause 4, Article 3 of this Decree, the provisions of Clause 1, Article 25 of this Decree shall not be complied with.
In case a civil servant who commits illegal acts is sentenced to prison by a court but is not entitled to a suspended sentence or is convicted by a court of corruption, the provisions of Clauses 1 and 2, Article 25 this determination.
Thus, the order and procedures for disciplinary handling of civil servants are carried out according to the following steps: Organizing a review meeting; Establishing a Disciplinary Council; Competent authorities shall issue disciplinary decisions in accordance with law. In addition, there are 2 cases of disciplinary handling according to decisions of competent authorities specified in Clause 4, Article 3 of this Decree, which do not comply with the provisions of Clause 1, Article 25 of this Decree; In case a civil servant who commits illegal acts is sentenced to prison by a court but is not entitled to a suspended sentence or is convicted by a court of corruption, the provisions of Clauses 1 and 2, Article 25 of Decree No. this determination.
How to organize a civil servant review meeting?
Pursuant to Article 26 of Decree 112/2020/ND-CP stipulating the organization of meetings to review civil servants as follows:
– Responsible for organizing the review meeting
• In case the person under review is a civil servant who does not hold a leadership or managerial position, the head of the agency, organization or unit employing the public employee shall organize a review meeting. Participants in the meeting shall comply with the provisions of Clause 2 of this Article.
• In case the person under review is the head or deputy of the head, the leader of the immediate superior agency of the agency employing civil servants is responsible for organizing the review meeting and deciding on the participants. .
– Participants in the review meeting
• In case the agency, organization or unit where the civil servant works is a constituent unit, the participants in the meeting are all civil servants of the constituting unit; representatives of leaders, committees, trade unions, agencies to advise on the work of organization and staff of agencies, organizations and units employing civil servants.
• In case the agency, organization or unit employing public employees does not have a constituent unit, the participants in the review meeting are all civil servants of the agency, organization or unit employing the public employee.
• In case the person under review is a seconded civil servant, in addition to the members specified at Points a and b of this Clause, there must also be a leading representative of the agency sending the seconded civil servant.
• In case the person being criticized is a commune-level civil servant, the participants in the meeting are representatives of the leadership of the Party Committee, the government, representatives of relevant socio-political organizations and all civil servants of the People’s Committee. Commune.
– The organization of the review meeting shall be conducted as follows:
• The chairperson of the meeting declares the reason for the meeting, informs or authorizes the advisory body on the organization and staff to announce the following contents: summary of the working process; violation; issued handling forms (if any); the time when the violation occurs, the time when the violation is detected; aggravating and mitigating circumstances of the person committing the violation; statute of limitations and time limit for handling as prescribed by law;
• The violator presents a review, clearly stating the violation and admits disciplinary action.
In case the person committing the violation is present at the meeting but does not make the review, the review meeting will still be conducted.
In case the person committing the violation is absent, the review meeting shall be conducted after 02 times of sending the notice to convene the meeting;
• Members attending the meeting give speeches and clearly state their opinions on the contents specified at Point a of this Clause;
• The chairperson of the meeting concludes.
The content of the review meeting must be recorded in minutes.
– Within 03 working days from the end of the review meeting, the person presiding over the meeting shall send the report and minutes of the review meeting to the competent authority for disciplinary action. The report must clearly show the following contents:
• Violations, nature and consequences of violations;
• The aggravating and mitigating circumstances;
• Responsibilities of the person committing the violation;
• The statute of limitations and time limit for disciplinary action as prescribed by law;
• Recommendations on disciplinary action; disciplinary form (if any) and order of implementation.
Thus, the above is the entire regulation on holding meeting to review civil servants according to current regulations of law.
Can civil servants when being disciplined can change from civil servants to public employees?
Pursuant to Clause 1, Article 79 and Clause 1, Article 78 of the Law on Cadres and Civil servants 2008, the following forms of cadre discipline are prescribed:
“1. Cadres who violate the provisions of this Law and other relevant provisions of law shall, depending on the nature and seriousness of their violations, be subject to one of the following disciplinary forms:
a) Reprimand;
b) Warning;
c) Removal from office;
d) Revocation of duty.”
According to regulations on disciplinary handling of cadres and civil servants, when cadres and civil servants are disciplined, the above disciplinary forms will be applied discipline will transfer from public servant to official.
Currently, there is no regulation that applies to civil servants who have been disciplined and transferred from civil servants to public employees within 1 year, who can be transferred back to civil servants.
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Frequently asked questions
Civil servant means a person who is elected, recruited, appointed to a civil servant rank or assigned to hold a regular public service in state agencies at the central, provincial, district and commune levels.
Civil servants are Vietnamese citizens, on the payroll, and receive salaries from the state budget.
According to the level of training, civil servants are classified into:
Class A civil servant – having professional training degree from university level or higher;
Class B civil servants – have professional training qualifications at the professional secondary level, college level;
Class C civil servants – have professional training at elementary level;
Class D civil servant – having a professional training level below elementary level.
Pursuant to Article 20 of Decree 112/2020/ND-CP stipulating the competence to discipline officials as follows:
“Article 20. Competence to discipline officials
Competence to discipline cadres is prescribed as follows:
Levels competent to ratify and decide on approval of election results are competent to take disciplinary actions, except for the case specified in Clause 2 of this Article;
For positions and titles in state administrative agencies approved by the National Assembly, the Prime Minister shall issue a decision on disciplinary action.”
Conclusion: So the above is Authority to discipline civil servants in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
