Mr. Nguyen Minh Hung (character's name has been changed) learned according to the provisions of Clause 6, Article 2 of Decree No. 112/2020/ND-CP of the Government on disciplinary action against cadres, civil servants and public employees, which states: In case cadres, civil servants and public employees have been subject to party discipline, the form of administrative discipline must be at a level commensurate with party discipline.
Mr. Hung said that in his locality, there are currently civil servants and public employees who committed the crime of "Gambling", the court sentenced them to a suspended sentence, including civil servants and public employees who are party members.
Through discussion with the Party Committee's Inspection Committee, party members convicted by the court will be disciplined with the highest form of party discipline, which is expulsion from the party.
Thus, if compared with the provisions of Decree 112/2020/ND-CP, administrative disciplinary action must be commensurate with party discipline. However, administrative disciplinary measures at all levels do not include expulsion.
"Therefore, if party discipline is applied, will the highest administrative disciplinary level of "forced dismissal" be applied or can it be flexibly applied based on the level of individual violations so that the Disciplinary Council can submit it to the competent authority for consideration?" - Mr. Hung wondered.
Regarding the reflection and recommendation of Mr. Nguyen Minh Hung, the Ministry of Home Affairs said: The principle of disciplinary action has been stipulated in Article 2 of Decree No. 112/2020/ND-CP.
Accordingly, when considering disciplinary action, it is necessary to base on the content, nature, extent, harm, cause of the violation, aggravating or mitigating circumstances, attitude of acceptance and correction, overcoming shortcomings, violations, and consequences caused; in cases where cadres, civil servants, and public employees have been subject to party discipline, the form of administrative discipline must be at a level commensurate with party discipline.
Therefore, in the case of cadres, civil servants and public employees who are party members and have been subject to the highest form of party discipline (expulsion), the corresponding form of administrative discipline is forced dismissal.
In case the competent authority applies a lighter administrative disciplinary measure, it must ensure compliance with the principles of disciplinary action as prescribed in Decree No. 112/2020/ND-CP and be responsible for its decision.
