Decree No. 142-NV/CC amends Article 2 of Decree No. 75 dated December 17, 1945 on conscription of civil servants, providing more detailed regulations regarding disciplinary measures and legal accountability for officials who do not comply with the decree.
Scope of application
Civil servant serving at an office or public agency
Key points
- Temporary civil servants (daily workers, those working under contracts) violating the rules will be dismissed as a disciplinary measure (Article 1)
- Regularly appointed civil servants violating the rules may be referred to a Disciplinary Committee or immediately removed from their position if they do not comply with the call-up order (Article 1)
- Professional sanctions are decided by the authority competent to declare the civil servant guilty (Minister or Chairman of the Administrative Commission) (Article 1)
- Civil servants who arbitrarily leave their posts may be prosecuted according to Article 12 of Decree No. 68 dated November 30, 1945 (Article 1)
- Prosecution before a court is decided by the authority competent to declare the civil servant guilty after consultation with the Minister of Interior Affairs (Article 1)
🌐 Social impact of this document
- Strengthening discipline among officials to ensure the effectiveness of state agencies
- Civil servants may lose their job or face criminal responsibility if they violate regulations
- The amendment clarifies measures for handling violations
❓ Frequently asked questions
What will happen to temporary civil servants who do not comply with this decree?
Temporary civil servants will be dismissed as a disciplinary measure (Article 1)
Who decides on prosecution before a court?
Prosecution before a court is decided by the authority competent to declare the civil servant guilty after consultation with the Minister of Interior Affairs (Article 1)
How will regularly appointed civil servants who violate regulations be handled?
Professional sanctions are decided by the authority competent to declare the civil servant guilty, which may involve referring them to a Disciplinary Committee or immediately removing them from their position if they do not comply with the call-up order (Article 1)
Full text
DECREE-LAW
Amending Decree-Law No. 75-NV/CC dated December 17, 1945 on the conscription of civil servants
CHAIRMAN OF THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF VIETNAM
Pursuant to Decree-Law No. 75-NV/CC dated December 17, 1945 on the conscription of civil servants;
At the proposal of the Minister of Interior Affairs,
After consulting with the Standing Committee of the National Assembly;
After deliberation by the Council of Ministers;
ISSUES THE FOLLOWING DECREE-LAW:
Article 1
Article 2 of Decree-Law No. 75-NV/CC dated December 17, 1945 is hereby amended as follows:
"Article 2 (amended) - A civil servant who fails to comply with this Decree-Law at a department or office shall be punished as follows:
1. In terms of professional discipline
a) If the civil servant is temporary (daily worker, contract-based...): they will be dismissed for disciplinary reasons.
b) If the civil servant holds a permanent position: they must be referred to the Disciplinary Council for punishment according to general regulations. However, if there is an official order signed by the erring civil servant and requested to appear at the office but the civil servant does not show up, indicating non-compliance with the order, such civil servant may be immediately dismissed without referral to the Disciplinary Council.
The punishment in terms of professional discipline shall be decided by the authority competent to declare the civil servant as erring (Minister or Chairman of the Administrative Committee).
2. In terms of legal consequences
Besides the disciplinary measures mentioned above, a civil servant who voluntarily leaves their post may be prosecuted according to Article 12 of Decree-Law No. 68 dated November 30, 1945.
The decision to prosecute shall be made by the authority competent to declare the civil servant as erring (Minister or Chairman of the Administrative Committee) after consultation with the Minister of Interior Affairs".
Article 2
Ministers and Chairmen of the Administrative Committees in the North, Central, and South Regions are responsible for implementing this Decree-Law.
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Huynh Thuc Khang (Signed)
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