Mr. Tran Xuan Giang (Ca Mau) sent a question to the Ministry of Home Affairs with the content:
Ms. A, holds the position of Principal of Kindergarten X, a public non-business unit directly under the District People's Committee. In October 2024, Ms. A was disciplined by the Party and the government with a reprimand.
Implementing the local government at 2 levels, on June 29, 2025, the Chairman of the Provincial People's Committee issued a decision to transfer the original state of kindergartens from the District People's Committee to the Commune People's Committee for management. At the time of the above-mentioned original state transfer, Ms. A was still within the disciplinary term of reprimand (not enough 1 year from the date the disciplinary decision took effect).
Based on Regulation No. 296-QD/TW dated May 30, 2025 of the Central Executive Committee on inspection, supervision and disciplinary action of the Party: "Party members who are disciplined with a reprimand within 01 year from the date the disciplinary decision takes effect are not allowed to be planned, appointed, or reappointed to equivalent and higher positions".
Mr. Tran Xuan Giang (Ca Mau) asked, in the above case, when implementing the transfer of kindergartens back to the commune People's Committee for management, is Ms. A eligible to be appointed or recognized as Principal? Is the continued arrangement of Ms. A to hold the position of Principal (if any) in accordance with the current regulations on Party discipline and administrative discipline?
Regarding this issue, the Ministry of Home Affairs said that Article 32 of Regulation No. 37-QD/TW dated October 8, 2025 of the Politburo on decentralization of cadre management and planning, appointment, introduction of candidates, temporary suspension of work, dismissal from positions, and dismissal of cadres stipulates:
2. Not considering, appointing, introducing candidates to hold higher positions but being considered for reappointment, introducing re-election in cases where officials are disciplined in the form of reprimand or warning and now the disciplinary period has expired but not enough time as prescribed in Clause 1 of this Article, if officials meet the standards and conditions as prescribed.
3. Not appointing or introducing candidates to hold higher positions, but it is possible to consider and carefully consider each case for reappointment and re-election introduction for: Cadres currently under disciplinary action in the form of reprimand (except for cases of violating political views; violating the principles of organization and operation of the Party; running for positions and power in personnel work; abusing positions and powers for personal gain; violating regulations on exemplary responsibility, causing adverse effects on the prestige of the Party organization and causing public outrage)".
Clause 24, Article 1 of Decree No. 85/2025/ND-CP stipulates: "Officials who are disciplined during their tenure are not appointed or introduced to higher positions within the time limit prescribed by the Party and law".
The Ministry also requested Mr. Tran Xuan Giang to study the above regulations for implementation.
