The Ministry of Home Affairs has completed and sent its opinions on the draft Submission and draft Law on Cadres and Civil Servants as amended. The bill is expected to be submitted to the National Assembly at the upcoming 9th session.
The basic content of the draft Law consists of 8 chapters and 47 articles.
Chapter VI of the bill clearly states disciplinary action against cadres and civil servants.
Accordingly, cadres who violate the provisions of this Law and other relevant legal provisions will, depending on the nature and severity of the violation, be subject to one of the following disciplinary measures:
Reprimand; Warning; Removal from office; Removal of position and title held.
Removal from office only applies to cadres approved to hold positions according to the term.
Regarding the handling of civil servant discipline, the Ministry of Home Affairs proposes that civil servants who violate the provisions of this Law and other relevant legal provisions, depending on the nature and severity of the violation, must suffer one of the following forms of discipline:
Reprimand; Warning; Removal from office; Forced dismissal; Removal of the position or title held.
The draft law also states that the application of disciplinary measures, authority, order and procedures for disciplinary action against cadres shall be implemented in accordance with the provisions of law, the charter of the Communist Party of Vietnam, socio-political organizations and documents of competent agencies and organizations.
The statute of limitations for disciplinary action is the period of time when that period expires, the cadres and civil servants who commit violations will not be disciplined. The statute of limitations for disciplinary action is calculated from the time of the violation.
The disciplinary period for cadres and civil servants is the period from the detection of disciplinary violations by cadres and civil servants until a decision on disciplinary action is taken by a competent agency or organization.
The Government stipulates this in detail.
Currently, disciplinary measures for cadres and civil servants are stipulated in Article 7 of Decree 112/2020/ND-CP as follows:
Applicable to cadres: Reprimand; Warning; Removal; Removal from office.
Applicable to civil servants who do not hold leadership or management positions: Reprimand; Warning; Salary reduction; Forced to quit.
Applicable to civil servants holding leadership and management positions: Reprimand; Warning; Removal; Removal from office; Forced resignation.
