New regulations on the discipline of cadres, civil servants, public employees, including retirees | Society

Administrative discipline is not a substitute for criminal prosecution

The Government has just issued Decree No. 112/2020 / ND-CP which provides for disciplining cadres, officials and public employees. The Decree clearly stipulates the principles of disciplinary action. Consequently, discipline must guarantee objectivity and fairness; transparency; strict, right to the law.

Each infraction will be dealt with only once through a form of discipline. At the same time of consideration and disciplinary action, if an officer, public servant or public employee commits 2 or more violations, he / she will be disciplined for each violation and will apply a severe form of discipline. one level higher than the disciplinary form applicable to the most serious offense, except in the case of disciplinary action for dismissal or forced termination; Do not separate each infringement content from cadres, officials and public employees to be able to handle discipline many times with different disciplinary forms.

When considering disciplinary action, it should be based on the content, nature, level, damage, cause of the offense, aggravating or mitigating circumstances, absorption attitude, and correction and correction of defects. , violations, consequences have been caused.

Do not apply administrative sanctions or party discipline instead of administrative discipline; administrative disciplinary action does not replace criminal prosecution, if the offense is at the point of being sanctioned.

In the event that cadres, civil servants and public employees have been sanctioned by the party, administrative discipline must be at the level of party discipline. Within 30 days from the date of the announcement of the party’s disciplinary decision, the agency, organization or unit must consider and decide on administrative discipline.

All acts that violate the body, spirit, honor and dignity are strictly prohibited in the course of a disciplinary action.

The cadres, officials and public employees who have committed infractions for the first time and have been sanctioned, but within 24 months following the effective date of the decision on disciplinary action with the same acts of infraction, will be considered repeat offenders. offense; Outside of the 24 month period, the offense will be considered the first offense but is considered an aggravating factor when considering disciplinary action.

Regulatory jurisdiction, order to discipline retirees

The Decree establishes 4 forms of disciplinary action for the tables, which include: reprimand, warning, dismissal, dismissal.

For public officials who do not hold leadership or managerial positions, there are 4 forms of discipline that include: reprimand; warning; reduction of salary qualification; forced resignation.

For public servants in leadership and management positions, there are 5 forms of discipline, including: reprimand; warning; degradation; discard; forced resignation.

In particular, the Decree also stipulates the competence, order and procedures to discipline people who have resigned or retired. Consequently, in the event of disciplinary action in the form of removal of the title or title, the competent authority will approve, decide to approve the results of the election and appoint the highest position or title. to be disciplined.

In case of disciplinary action in the form of reprimand or reprimand, the competent authorities approve, decide to approve the electoral results, appoint positions or titles to dictate disciplinary decisions, except for schools. compliance with the provisions of Clause 3 of this Article.

For persons holding positions or titles in state administrative agencies approved by the National Assembly, the Prime Minister will issue disciplinary decisions.