Ministry of Home Affairs proposes not to consider discipline, exemption from discipline for some land violations

LƯƠNG HẠNH |

The Ministry of Home Affairs proposes to supplement cases that have not been considered, exempting from disciplinary responsibility related to violations of old land laws.

The Ministry of Home Affairs is seeking opinions on the draft Decree amending and supplementing a number of articles of Decree 172/2025/ND-CP of the Government stipulating the handling of discipline for cadres and civil servants amended and supplemented in Decree No. 251/2025/ND-CP of the Government.

Proposal to supplement cases that have not been considered for disciplinary action:

Cases that have not been considered for disciplinary action as stipulated in the National Assembly's Resolution on specific mechanisms and policies to handle violations of land law by organizations and individuals that occurred before the 2024 Land Law took effect and remove difficulties and obstacles for backlog and prolonged projects.

Other cases that have not been considered for disciplinary action according to the provisions of law.

Supplementing cases of exclusion from discipline; exemption from discipline or mitigation, increased severity of discipline:

Officials and civil servants who commit violations in one of the following cases are excluded from disciplinary responsibility:

Being certified by a competent authority as having lost civil act capacity at the time of committing the violation;

Being certified by competent authorities for violations in an emergency situation, due to force majeure or objective obstacles according to the provisions of the Civil Code and the law on state of emergency in performing tasks;

Other cases excluded from disciplinary responsibility according to the provisions of law.

In case cadres and civil servants have violations to the extent that they must be considered for disciplinary action but are exempt from disciplinary responsibility:

Implement proposals on scientific research, technology development and innovation that have been permitted by competent authorities and determined by competent authorities to have implemented the policy correctly, without corruption, without negativity, without fraudulent acts, intentionally violating the law, with pure motives, for the common good but with damage occurring;

Having properly implemented regulations on authority, order, procedures, not for self-interest in the process of performing tasks but causing damage due to objective causes;

Having violations to the extent of being disciplined but having passed away; Cases exempted from disciplinary responsibility specified in the National Assembly's Resolution on specific mechanisms and policies to handle violations of land law by organizations and individuals occurring before the 2024 Land Law takes effect and remove difficulties and obstacles for backlog and prolonged projects;

Other cases exempted from disciplinary responsibility according to the provisions of law.

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