The Ministry of Home Affairs is seeking opinions on the Decree on Regulations on disciplinary action against cadres, civil servants and public employees.
This Decree will replace current decrees regulating disciplinary action against cadres, civil servants and public employees.
According to the draft submission, the Ministry of Home Affairs proposes to supplement the cases of disciplinary exemption. The Ministry will add the content: " fulfilling all processes and regulations, not taking advantage in the process of performing duties and tasks but having losses due to objective risks".
This regulation aims to institutionalize Resolution No. 138/NQ-CP of the Government promulgating the Government's Action Plan to implement Resolution No. 68-NQ/TW of the Politburo on private economic development.
At the same time, the draft is in order to implement the proposal of innovation and creation that is authorized by the competent authority and determined by the competent authorities to implement the policy, with a pure motive, for the common interests but the damage occurs so that the draft law of cadres and civil servants is being submitted to the National Assembly on the mechanism of encouragement to think and dare to do.
Cases proposed for disciplinary exemption such as being confirmed by competent authorities for civil act loss capacity when committing violations; The decision of the superior level must be complied with as prescribed in Clause 5, Article 7 of the Law on Cadres and Civil Servants.
In addition, a person who is confirmed by a competent authority to have violated an urgent situation, due to force majeure events or objective obstacles as prescribed by the Civil Code when performing official duties or has fully implemented the procedures and regulations, not taking advantage of the opportunity in the process of performing duties and tasks but has suffered losses due to objective risks is also proposed to be exempted from disciplinary action.
At the same time, another case that is also proposed for disciplinary exemption as stated in the draft Decree is to implement the proposal on innovation and creativity permitted by competent authorities and determined by competent authorities to have implemented the policy correctly, with clear motives, for the common good but there was damage or that cadres, civil servants, and public employees who violated to the extent of being disciplined but had passed away.
