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The Government has just issued Decree 112/2020 / ND-CP on the discipline of cadres, civil servants and public employees.
For public officials
1. Having been sanctioned in the form of dismissal of public employees who occupy leadership or managerial positions or by lowering the salary qualifications for public employees who do not occupy leadership or managerial positions but who repeat offenders;
2. Committing the offense for the first time, causing especially serious consequences in one of the following cases:
+ Violation of regulations on ethics, communication culture of civil servants and public employees; the provisions of the law on the performance of the functions and duties of cadres and public officials; labor discipline; rules and regulations of agencies, organizations and units;
+ Taking advantage of the job for reasons of self-interest; having an arrogant, authoritarian attitude or causing difficulties or inconvenience to agencies, organizations, units or individuals in the performance of public functions; certify or issue legal documents to the ineligible person;
+ Non-compliance with the decision to transfer or assign the competent authority; failing to perform assigned tasks without plausible reasons; causing disunity in agencies, organizations or units;
+ Violate the provisions of the law on: prevention and fight against crimes; Prevention of social ills; security and order of society; Anti corruption; practice saving and combat waste;
+ Violating the provisions of the state secrets protection law;
+ Violate the provisions of the law on complaints and reports;
+ Violate the regulations on democratic centralization, regulations on propaganda, speech, regulations on internal political protection;
+ Violation of the law on: investment, construction; land, environmental resources; finance, accounting, banking, management and use of public assets in the course of public service;
+ Violation of legal regulations on: prevention and control of domestic violence; population, marriage and family, gender equality; Social Security; other rules of the law relating to cadres and public officials
3. Using false or illegal diplomas, certificates, certificates or certifications to be recruited into agencies, organizations or units;
4. Drug addiction; in this case, it is required to have the conclusion of the medical installation or the notice of the competent authority;
5. In addition to the above cases, the disciplinary action of dismissal is also applicable to public employees occupying leadership and management positions who commit the first offense, causing particularly serious consequences in one of the following cases:
+ Failure to comply with all responsibilities, management duties and assigned administrative tasks.
+ The head of an agency, organization or unit allows serious violations of the law to occur within the scope of his or her position without dissuasive measures.
For officials
1. Having been sanctioned in the form of dismissal of a manager or a warning against a public employee who does not hold a managerial position but who repeats;
2. Committing the offense for the first time, causing especially serious consequences in one of the following cases:
+ Breach of processes, professional regulations, professional ethics and codes of conduct in the performance of professional activities, as advised in writing by the competent authorities;
+ Violation of the provisions of the law on: performance of the functions and duties of the public employee; labor discipline; regulations, standards and work regulations of non-business public units, which have been recalled in writing by the competent authorities;
+ Take advantage of the job for reasons of self-interest; have an arrogant, authoritarian attitude or cause difficulties or problems for people in the performance of tasks and assigned tasks; certify or issue legal documents to the ineligible person; offending the honor, dignity and reputation of others in the performance of professional activities.
+ Non-compliance with the decision to assign the competent authority; failing to perform assigned tasks without plausible reasons; causing disunity in unity;
+ Violate the legal provisions on: prevention and fight against crime; Prevention of social ills; security and order of society; Anti corruption; practice saving and fight waste;
+ Violating the provisions of the state secrets protection law.
+ Violate the provisions of the law on complaints and reports.
+ Violation of the law on: investment, construction; land, environmental resources; finance, accounting, banking; management and use of public assets in the course of professional activities;
+ Violation of legal regulations on: prevention and control of domestic violence; population, marriage and family, gender equality; Social Security; other provisions of the law related to public employees.
3. The manager commits an offense for the first time, causing very serious or particularly serious consequences in one of the following cases:
+ The managerial official fails to fulfill his responsibilities, allowing the official under his direction to violate the law, causing serious consequences in the performance of the professional activity.
+ Management officers do not complete assigned management and administration tasks without plausible reasons.
4. Using diplomas, certificates, certificates, certification or invalid to be recruited in agencies, organizations or units;
5. Drug addiction; In this case, it must be certified by a medical center or notified by a competent authority.
Do not consider disciplinary action for the following cases:
– Public cadres, civil servants and employees are on annual leave, take vacations in accordance with their regimes and leave their jobs as permitted by the competent authorities.
– Public cadres, officials and employees are undergoing treatment for a serious illness or are losing cognitive abilities; seriously ill, in hospital treatment, certified by the medical authority.
– Women cadres, civil servants and public employees who are pregnant, on maternity leave, breastfeeding a child under 12 months or male cadres, civil servants or public employees (in case the wife dies or other reasons of force majeure) are raising a child under 12 months.
– Officials, public servants and public employees who are prosecuted, detained or detained, awaiting the conclusions of the competent bodies to investigate, judge or judge illegal acts, unless decided. authorized level.
Be exempt from disciplinary action if:
– Have the capacity for civil acts certified by a certified competent body in case of infringement.
– You must comply with the decisions of your superiors in accordance with the provisions of Clause 5, Article 9 of the Law on Staff and Officers.
– Be certified by the competent authority to commit the infraction in an emergency situation, due to force majeure or objective obstacle in accordance with the regulations of the Civil Code when in service.
– Public cadres, officials and employees have infractions to the extent that they will be dealt with | discipline but passed away.
Decree 112/2020 / ND-CP enters into force on September 20, 2020 and repeals Decree 34/2011 / ND-CP of May 17, 2011.
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