The Ministry of Home Affairs is soliciting opinions on the draft Law on Civil Servants (amended), expected to be submitted to the National Assembly at the 10th session, taking place in October.
The draft Law on Public Employees (amended) consists of 6 chapters and 42 articles (a reduction of 20 articles compared to the current Law), inheriting and revising the contents of the Law on Public Employees 2010 (amended and supplemented in 2019) to suit the new context.
Notably, Article 40 stipulates the application of the Law on Civil Servants to other subjects.
Accordingly, the application of the Law on Public Employees to those working in public service units under socio-political - professional organizations, social organizations, social - professional organizations, public service units shall comply with the regulations of the competent authority managing public service units.
In particular, the handling of violations during the working period of civil servants who have quit or retired is regulated as follows:
All violations during the working period of civil servants who have quit or retired will be handled according to the provisions of law;
Based on the nature and severity, the violator may be subject to criminal, administrative or disciplinary action;
When a civil servant after leaving work or retiring discovers a violation during his/her working period, depending on the nature and severity of the violation, he/she must undergo one of the forms of discipline of reprimand, warning, and removal of the position he/she has held in conjunction with the legal consequences corresponding to the form of discipline.
The Government shall detail this clause.
The draft law also clearly states the disciplinary action against civil servants in Article 33.
Accordingly, 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; Dismissal, applicable to management officials; Forced resignation.
Officials disciplined by one of the forms specified in Clause 1 of this Article shall also be restricted from performing professional activities according to the provisions of relevant laws.
Officials sentenced to imprisonment by the Court without a suspended sentence or convicted of corruption crimes shall of course be forced to quit their jobs from the date the verdict or decision takes effect; civil servants holding the position of criminal management shall be sentenced by the Court and the verdict or decision that has come into legal effect shall of course cease to hold the appointed position.
The Government shall detail this Article and other contents related to disciplinary action.
