This Circular stipulates the procedures for implementing disciplinary measures against civil servants who abandon their posts during the resistance period. The management authority has the right to immediately dismiss such civil servants without convening a Disciplinary Council if they violate specific circumstances.
Đối tượng áp dụng
Civil servants working in administrative agencies during the resistance period
Các điểm cốt lõi
- Civil servants who voluntarily leave their posts without justifiable reasons shall be referred to the Disciplinary Council and may be dismissed (Article 72 of the Regulations).
- In cases where civil servants abandon their posts and flee into enemy-occupied areas or remain in free zones, the management authority may immediately dismiss them without convening a Disciplinary Council.
- If civil servants refuse to report for duty after being reassigned, the management authority also has the right to immediately dismiss them (Article 72 of the Regulations).
- Civil servants who leave their posts for one month or more without justifiable reasons shall be immediately dismissed.
- If subsequent investigations reveal that the civil servant has died, been captured by the enemy, or is trapped in an enemy-occupied area but did not collaborate with them, the management authority may revoke the dismissal decision.
🌐 Tác động xã hội từ văn bản này
- Civil servants who violate these provisions will face stricter disciplinary measures than usual.
- Immediate dismissal without convening a Disciplinary Council enhances management effectiveness during the resistance period.
- Those affected by illegal abandonment of posts may lose their jobs and be held legally accountable.
❓ Câu hỏi thường gặp
How will civil servants who abandon their posts without justifiable reasons be dealt with?
They shall be referred to the Disciplinary Council and may be dismissed (Article 72 of the Regulations).
In cases where civil servants flee into enemy-occupied areas, how will the management authority handle them?
The management authority has the right to immediately dismiss such civil servants without convening a Disciplinary Council.
If civil servants leave their posts for one month or more and the agency is unaware of the reason, how will the management authority handle them?
The management authority has the right to immediately dismiss such civil servants (Article 72 of the Regulations).
If subsequent investigations reveal that the civil servant has died or been captured by the enemy, how will the management authority handle them?
The management authority may revoke the dismissal decision.
Toàn văn
CIRCULAR
REGARDING THE FORM OF DISCIPLINARY ACTION AGAINST PUBLIC OFFICIALS WHO ABANDON THEIR POST WITHOUT JUST CAUSE
___________________
MINISTER OF INTERIOR AFFAIRS
RESPECTFULLY SUBMITTED TO THE HONORABLE CHAIRPERSONS OF THE ADMINISTRATIVE COMMISSION IN THE NORTHERN REGION,
CHAIRPERSON OF THE RESISTANCE ADMINISTRATIVE ZONE VIET BAC, 3, 4
SOUTHERN MIDLAND, SOUTH AND HA NOI AREA
DIRECTOR GENERAL OF THE POLICE DEPARTMENT AND INFORMATION DEPARTMENT
Article 72 of the Regulation stipulates that a public official who arbitrarily abandons their post without just cause shall be punished according to Clause 1 of Chapter on Discipline, meaning they must be referred to the Disciplinary Council for review before being dismissed.
However, pursuant to Decree No. 200-SL dated July 8, 1948, during the resistance period, all public officials working in government agencies are considered conscripted. Public officials violating this decree shall be prosecuted by military courts.
Therefore, during the resistance period, for public officials falling into any of the following cases, the management authority may immediately dismiss them without having to refer them to the Disciplinary Council;
1/ Leaving their post and fleeing to enemy-occupied areas or remaining in free zones.
2/ Refusing to report for duty after being reassigned.
3/ Absenting themselves from their posts for a month or more without the agency knowing the reason.
For those falling into the third case, if subsequent investigation reveals that the public official has died, been captured by the enemy, or is trapped in an enemy zone but did not collaborate with them, the management authority will review and consider revoking the dismissal decision.
In cases where a dismissed public official returns to work while absent without just cause, the management authority may revoke the dismissal decision if the absence was due to justifiable reasons, or refer the public official back to the Disciplinary Council for reconsideration and propose further punishment.
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