The Ministry of Home Affairs has completed and sent its opinions on the draft Submission and draft Law on Cadres and Civil Servants (amended). The draft law is expected to be submitted to the National Assembly at the upcoming 9th session.
In particular, the Ministry of Home Affairs has consulted international experience in disciplining cadres and civil servants.
In China, the discipline of civil servants must base on clear circumstances, convincing evidence, accuracy, in accordance with the order and procedures. Punishments include: warning, reprimand, serious reprimand, demolition, dismissal, dismissal and expulsion.
The disciplinary period is 6 months for warning, 12 months for reprimand, 18 months for serious reprimand, 24 months for dismissal, dismissal or removal. Public employees who are dismissed will be dismissed according to relevant regulations. After the disciplinary period, civil servants are promoted to higher salaries, positions, and levels according to regulations.
Japanese civil servants who violate the law will be subject to penalties such as: Reprimand, salary reduction, suspension of work and dismissal. The person issuing the disciplinary decision must notify in writing explaining the reason for disciplining the civil servant.
Suspend work when civil servants are due to mental or physical disorders; prosecuted in connection with a criminal case. The period shall not exceed 1 year.
Civil servants who violate the prohibitions will lose their positions or be dismissed or fired depending on the level of violation: Not meeting job requirements; mental and physical disorders, civil servants facing difficulties or not being able to fulfill their duties; lacking other qualities and abilities necessary for the position; excess or excess of the position of civil servants being erased due to amendments or removal of laws related to administrative organization or the fixed number of jobs or the result of budget cuts.
In Thailand, civil servants who violate the law must be subject to disciplinary action, unless there is a legitimate reason to exempt them from the penalty. There are 5 forms of discipline: written reprimand; salary deduction; salary reduction; dismissal; deportation. Thailand stipulates 1 chapter and 16 articles on disciplinary action against civil servants.
According to the Ministry of Home Affairs, countries develop a disciplinary process and apply disciplinary measures when civil servants violate such as: Warning, reprimand, salary deduction, salary reduction, salary reduction, relegation, suspension, dismissal and deportation.
When detecting violations or reporting them, the head of the agency will form a Investigation Committee, for cases involving civil servants from many agencies, the Public Service Committee will form a Investigation Committee to investigate civil servant violations.
The Ministry of Home Affairs proposes that Vietnam should study the mechanism for establishing an Investigation Committee because currently, when receiving a report, the Party Committee and the Inspectorate do not have enough expertise to investigate the violations of civil servants.
The Ministry also proposed to add disciplinary measures such as: Salary deduction, salary reduction, rank reduction, suspension when civil servants have mental or physical disorders or are prosecuted in connection with a criminal case.
