Pursuant to Clause 6, Article 49 of Decree 138/2020/ND-CP supplemented by Point c, Clause 32, Article 1 of Decree 116/2024/ND-CP, it is stipulated that:
Time, term and principles for reappointment or extension of the term of office of leader and manager:
When civil servants in leadership and management who have expired their appointment term but are under disciplinary action but are not subject to consideration for dismissal or resignation according to the provisions of the Party and the law, the competent authority shall appoint them based on the task requirements of discussing and considering the qualities, abilities and prestige of civil servants;
Regarding the cause, motivation for the violation, shortcomings and nature, level of impact, results of remedial consequences (if any) to consider and decide on the reappointment or extension of the term of office in leadership and management positions.
If a civil servant in a leadership or management position is not reappointed, the competent authority shall consider and decide on the arrangement of other work according to the principle that he/she cannot be assigned an equivalent or higher position.
Thus, when a civil servant leads a civil servant who has expired his term of appointment but is being disciplined but not considered for dismissal, the competent authority appointed him/her shall discuss and consider the requirements to consider and decide on the reappointment or extension of the term of office of a civil servant in leadership or management in the following cases: Regarding the qualities, capacity, and prestige of the civil servant.
Regarding the cause, motive of the violation, shortcomings and nature, level of impact, results of remediation of consequences (if any).
