Article 56. Temporary suspension of civil servants
1. Civil servants may be temporarily suspended from work in the following cases:
a) Violations of moral qualities and lifestyle that cause negative impacts, public outrage, and negatively affect the reputation of organizations and individuals;
b) Performing harassment, negativity, causing inconvenience to people, businesses, agencies, and organizations during the performance of official duties;
c) De purposeful delay, push, avoid responsibility, failure to perform work under authority according to assigned functions and tasks;
d) Being subject to disciplinary review and handling but intentionally not performing the request of the competent authority during the review and handling of his/her violation or taking advantage of his/her position, power, or influence, or that of others to influence, making it difficult to review and handle, or if he/she is allowed to continue working, it can be difficult to review and handle discipline;
d) Having been subject to party discipline and is waiting for consideration and handling of a government position, which will negatively affect the operations of the agency, organization or unit if it continues to work;
e) Having a written request to temporarily suspend the work of an inspection, examination, auditing agency, a prosecution agency or another competent authority;
g) Other cases as prescribed by law or at the request of a competent authority.
2. The authority temporarily suspends work:
a) For civil servants in leadership and management appointed and managed by competent authorities in accordance with the provisions of competent authorities;
b) For civil servants who do not hold leadership or management positions, the head of the agency, organization or unit employing the civil servant shall decide.
3. The temporary suspension period shall not exceed 15 working days; in case of complication, the temporary suspension period may be extended but not exceeding 15 working days. The temporary suspension period for cases specified in Point e, Clause 1 of this Article shall be implemented at the request of the competent authority.
The decision to temporarily suspend work will of course expire when the temporary suspension period expires.
4. Procedure for considering temporary suspension of work:
a) No later than 2 working days from the date of determination of the basis for temporary suspension, the agency or department advising on the organization or officer shall be responsible for reporting and proposing to the head to issue a decision on temporary suspension;
b) No later than 2 working days from the date of receipt of a proposal from the agency or department advising on the organization, cadres, or head of the decision to temporarily suspend civil servants from work;
c) In case of temporary suspension of work not in accordance with regulations or when there is a conclusion that the civil servant did not violate, no later than 3 working days from the date there is sufficient basis, the head of the decision to cancel the decision to temporarily suspend the civil servant from work, and at the same time report to the competent authority managing the civil servant;
d) The decision to temporarily suspend work and the decision to cancel the decision to temporarily suspend work (if any) must be announced in the agency, organization or unit employing the civil servant and sent to the relevant agency, organization or individual.
5. Regulations related to civil servants temporarily suspended from work:
a) Civil servants whose work is temporarily suspended from performing rights and responsibilities as prescribed by competent authorities;
b) The decision to temporarily suspend work is the basis for considering and classifying civil servants who do not complete their tasks during that year of work.
6. Regime and policies for civil servants temporarily suspended from work:
a) During the period of temporary suspension from work without disciplinary action, he/she shall receive 50% of his/her current monthly salary. The current monthly salary is calculated including: salary according to rank and grade; seniority allowance exceeding the framework, seniority allowance and salary retention difference coefficient (if any);
b) Civil servants holding leadership or management positions are temporarily suspended from work, of course temporarily suspended from position and are not entitled to leadership position allowances;
c) Civil servants who are sent to work for a term at Vietnamese representative agencies abroad and have their work temporarily suspended will receive 50% of the current living allowance;
d) Civil servants who are not disciplined or have wrong or incorrect conclusions shall be allowed to collect the remaining 50% of their current monthly salary as prescribed in Point a of this Clause;
d) Civil servants who are disciplined and forced to quit their jobs or are found guilty by a court shall not be allowed to collect the remaining 50% of their current monthly salary as prescribed in Point a of this Clause.
