Decision No. 2767/2011/QD-TTCP on Issuing the Regulation on Examination and Disciplinary Handling of Civil Servants of the Government Inspectorate Agency

Pursuant to …;

Regarding the issuance of the Rules on Examination and Disciplinary Action against Civil Servants of the Government Inspectorate

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GOVERNMENT INSPECTOR GENERAL

Based on the Inspection Law dated November 15, 2010;

The Government promulgates this Decree amending and supplementing certain provisions of the Decree No. 148/2016/NĐ-CP dated October 4, 2016 of the Government guiding the implementation of certain provisions of the Market Management Ordinance.

Pursuant to Decree No. 34/2011/ND-CP dated May 17, 2011 of the Government on disciplinary action for cadres and civil servants;

Pursuant to Decree No. 65/2008/ND-CP dated May 20, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Considering the proposal of the Director of the Cadre and Civil Service Department,

DECISION:

Article 1: The attached Decision promulgates the "Rules on Examination and Disciplinary Action against Civil Servants of the Government Inspectorate".

Article 2: These Rules shall take effect from the date of issuance.

Heads of departments, bureaus, units, and civil servants under the Government Inspectorate are responsible for implementing these Rules./.

REGULATIONS

REGARDING THE EXAMINATION AND DISCIPLINARY ACTION AGAINST CIVIL SERVANTS OF THE GOVERNMENT INSPECTORATE
(Issued together with Decision No. 2767/2011/QĐ-TTCP dated October 12, 2011 of the Chief Inspector General)

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Chapter I.

GENERAL PROVISIONS

Article 1. Scope of Application.

These Rules regulate disciplinary actions against civil servants who violate laws within the management authority of the Government Inspectorate.

Article 2. Cases Subject to Disciplinary Action.

1. Violations of the duties of cadres and civil servants as stipulated in Articles 8, 9, and 10 of the Law on Cadres and Civil Servants.

2. Violations of ethical and communication standards for cadres and civil servants as stipulated in Articles 15, 16, and 17 of the Law on Cadres and Civil Servants.

3. Violations of prohibitions on actions for cadres and civil servants as stipulated in Articles 18, 19, and 20 of the Law on Cadres and Civil Servants.

4. Violations of laws that have been declared criminal by the Court or concluded by competent authorities through written decisions regarding violations of laws.

5. Violations prohibited under Article 13 of the Law on Inspection and other prohibitions specified in the Law on Anti-Corruption.

Article 3. Cases Not Subject to Examination and Disciplinary Action.

Disciplinary action will not be taken against civil servants in the following cases:

1. During leave periods, including annual leave, leave according to regulations, or personal leave granted by the head of departments, bureaus, units, or the Chief Inspector General.

2. During hospitalization.

3. During detention, arrest, or while awaiting investigation and verification by competent authorities regarding criminal behavior.

4. Female civil servants on maternity leave.

Article 4. Cases Not Subject to Disciplinary Action.

1. Violations of laws when losing civil capacity as determined by authorized health agencies.

2. When required to implement decisions of superiors pursuant to Clause 5, Article 9 of the Law on Cadres and Civil Servants.

3. In situations of force majeure during the performance of duties and confirmed by authorized authorities.

Article 5. Principles of Examination and Disciplinary Action Against Civil Servants.

1. Objectivity, fairness, strictness, timeliness, within jurisdiction, procedures.

2. Decisions on disciplinary action must be signed by the Chief Inspector General or heads of units authorized by the Chief Inspector General.

3. Each violation shall be subject to only one form of disciplinary action. If a civil servant commits multiple violations at the same time and is being considered for disciplinary action, they shall be disciplined for each violation and shall face a higher level of disciplinary action than the highest level applicable to any single violation.

4. Prohibition of any acts infringing upon the physical body, reputation, or dignity of civil servants during the examination and disciplinary process; prohibition of imposing fines as a substitute for disciplinary measures.

Article 6. Complaints and Lawsuits.

1. In cases where civil servants disagree with disciplinary decisions, they have the right to file complaints with competent authorities as prescribed by law.

2. Civil servants holding positions from Deputy Director-General and equivalent downwards who are disciplined with the form of forced resignation have the right to initiate administrative litigation against the disciplinary decision of forced resignation; in cases where they disagree with the decision, or have filed complaints with the authority responsible for handling complaints but the complaint resolution period has expired according to the law on complaints without the complaint being resolved or it has been resolved but they disagree with the resolution of the complaint regarding the decision or act.

Article 7. Implementation of Complaint Resolution and Court Decisions.

1. Disciplinary decisions against civil servants that have been concluded by the General Inspector or the head of the public service unit to be wrongful, or ruled upon by the court to be wrongful, must be publicly announced within thirty days from the date of conclusion or from the date the court's decision becomes effective, by the heads of departments, bureaus, units where the civil servant works, to all civil servants and staff members, and there must be a decision to revoke previous wrongful disciplinary measures.

2. In cases where civil servants are disciplined with the form of dismissal, and later determined to be wrongful, they shall be assigned appropriate work by the General Inspector or the head of the public service unit, not necessarily returning to their original position.

Chapter II.

DISCIPLINARY MEASURES

Section 1: TIME LIMITS FOR DISCIPLINARY MEASURES

Article 8. Time Limits for Disciplinary Measures.

1. The time limit for disciplinary measures is twenty-four months, which is the period during which disciplinary measures for civil servants must be examined and implemented, calculated from the time the civil servant commits a violation of the law until the examination and implementation of disciplinary measures. Beyond this period, civil servants who commit violations will not be subject to examination and disciplinary measures.

2. The deadline for disciplinary measures shall not exceed two months, which is the period from the time the civil servant's violation of the law is discovered until the disciplinary decision is made by the General Inspector or the head of the public service unit. In cases where the matter involves complex circumstances requiring additional time for verification, this period may be extended but shall not exceed four months at most.

3. Heads of departments, bureaus, units under the Government Inspectorate are responsible for discovering and implementing disciplinary measures for civil servants who violate discipline within the prescribed time limit.

Article 9. Cases of Temporary Suspension from Work for Civil Servants During Examination and Disciplinary Measures.

1. If continuing to work may hinder the examination and disciplinary process.

2. Civil servants who are temporarily detained, arrested, or need to be suspended from work to serve investigative, prosecution, and trial activities.

3. After the suspension period, if the civil servant is not subject to disciplinary measures, they shall be reassigned to their original position or another suitable position.

Section 2DISCIPLINARY BOARD

Article 10. Disciplinary Board.

1. Disciplinary Board for Administrative Sector Civil Servants.

The General Inspector decides to establish the Disciplinary Board to advise the General Inspector on the appropriate disciplinary measures for civil servant violations and disbands after completing its tasks.

a. The Disciplinary Board consists of seven members:

- The Chairman of the Board is a Deputy General Inspector;

- The Vice-Chairman of the Board is the Director of the Organization and Cadre Department;

- One member of the Board represents the Party Committee of the Government Inspectorate;

- One member of the Board represents the Trade Union Committee of the Government Inspectorate;

- One member of the Board represents the civil servant of the department, bureau, or unit where the violator works (trade union branch), elected by the collective of cadres and civil servants in that department, bureau, or unit;

- One member of the Board is the leader of the department, bureau, or unit directly managing the administrative and professional affairs of the violator;

- One member of the Board serving as Secretary is responsible for civil servant disciplinary work in the Organization and Cadre Department.

b. Individuals related to the violator by family ties such as parents, spouse, children, siblings cannot be appointed as members of the Disciplinary Board.

c. The Disciplinary Board may invite representatives of political and social organizations in the unit where the violator works to attend meetings, participate in discussions, and propose levels of consideration and punishment, but they do not have the right to vote on disciplinary forms.

d. The Secretary of the Disciplinary Board is responsible for preparing relevant materials and records related to disciplinary actions, and is responsible for recording the minutes of the Disciplinary Board meetings.

2. Disciplinary Board for Public Service Sector Civil Servants.

The head of the public service unit decides to establish the Disciplinary Board to advise the head of the public service unit on appropriate disciplinary measures for violations by staff members and disbands after completing its tasks.

a. The Disciplinary Board consists of five members:

- The Chairman of the Board is a Deputy Head of the Public Service Unit;

- One member of the Board represents the Party Branch of the unit;

- One member of the Board represents the staff member of the unit (trade union branch), elected by the collective of staff members in the unit;

- One member of the Board is the leader of the department or equivalent directly managing the administrative and professional affairs of the violator;

- One member of the Board serving as Secretary is responsible for organizational and cadre work in the unit.

b. Individuals related to the violator by family ties such as parents, spouse, children, siblings cannot be appointed as members of the Disciplinary Board.

c. The Disciplinary Board may invite representatives of political and social organizations in the unit where the violator works to attend meetings, participate in discussions, and propose levels of consideration and punishment, but they do not have the right to vote on disciplinary forms.

d. The Secretary of the Disciplinary Board is responsible for preparing relevant materials and records related to disciplinary actions, and is responsible for recording the minutes of the Disciplinary Board meetings.

Article 11. Principles of the Disciplinary Council's Work.

1. Objectivity, transparency, democracy, and compliance with the law.

2. The Council shall convene only when all members are present.

3. Recommendations for disciplinary measures shall be made through secret ballot voting.

4. Meetings of the Disciplinary Council must have minutes which must be approved by the Council before being signed by the Chairperson of the Council.

Section 3: DISCIPLINARY REVIEW AND HANDLING PROCEDURES

Article 12. Organizing meetings to review civil servants who violate discipline.

1. Heads of departments, bureaus, and units shall organize unit meetings for civil servants who violate discipline to review their actions; the procedures and content of the meeting are as follows:

- Department, bureau, and unit leaders announce the content of the violation (conclusion of inspection and examination, violation record...);

- Civil servants read their self-review statements and publicly accept disciplinary measures before the collective body;

- Department and unit leaders summarize the civil servant's curriculum vitae and violations; cite relevant state regulations on disciplinary measures related to the civil servant's violations;

- All civil servants in the department, bureau, and unit participate in providing opinions and voting on disciplinary measures (by secret ballot) to recommend higher authorities for consideration.

If after two invitations to attend the review meeting, the violator still fails to attend or refuses to write a self-review statement as required by the heads of departments, bureaus, and units, the department, bureau, and unit leaders will still convene to consider and recommend disciplinary measures.

The proceedings of the meeting are recorded in the minutes, along with related documents, and sent to the Disciplinary Council (through the Organization and Cadres Department).

2. The Organization and Cadres Department compiles the dossier; advises the Disciplinary Council to convene a meeting to review disciplinary actions.

The dossier submitted to the Disciplinary Council includes:

- Individual self-review statement of the violating civil servant;

- Summary of the violating civil servant's curriculum vitae;

- Minutes of the review meeting and proposed disciplinary measures from the department, bureau, and unit;

- Related documents and dossiers concerning the handling of disciplinary actions.

Article 13. The Disciplinary Council convenes to review and handle disciplinary actions.

1. Seven days prior to the meeting, the Disciplinary Council sends a summons to the violating civil servant to attend. If the violating civil servant is absent, they must provide a valid reason. After two summonses, if the party still fails to attend or refuses to write a self-review statement as required by the heads of departments, bureaus, and units, the Disciplinary Council will still convene to review and recommend disciplinary measures.

2. Procedures for the Disciplinary Council meeting:

- The Chairperson announces the purpose and introduces the attending members;

- The Council Secretary presents the summary of the violating civil servant's curriculum vitae, dossier, and related documents;

- The violating civil servant reads their self-review statement and accepts disciplinary measures. In case of absence, the Council Secretary reads it on behalf of the violating civil servant;

- The Council Secretary reads the minutes of the review meeting of the violating civil servant from the department, bureau, and unit;

- Members of the Council and attending representatives express their opinions;

- The violating civil servant expresses their opinion;

- The Disciplinary Council conducts a secret ballot to recommend disciplinary measures, and the results are announced immediately at the meeting;

- The Council approves the minutes of the meeting and the Chairperson signs them.

Article 14. Decision on disciplinary action.

1. Time limit and responsibility for issuing disciplinary decision.

- Within five working days from the end of the meeting, the Disciplinary Council must submit a report (accompanied by minutes, relevant files, and documents) to the General Inspector (for disciplinary action against civil servants) and the head of the public institution (for disciplinary action against officials).

- Within fifteen working days from the date of receipt of the Disciplinary Council's document, the General Inspector or the head of the public institution must issue a disciplinary decision against the violating civil servant or official.

2. Files and documents related to disciplinary action and the disciplinary decision must be kept in the civil servant or official's file. The form of disciplinary action must be recorded in the civil servant or official's dossier.

Article 15. Special cases.

1. In the case where the head or deputy head of departments, bureaus, or units violates discipline, the organization and chairing of the meeting for criticism shall be carried out by a member of the Government Inspectorate Leadership. The participants in the meeting shall be all civil servants and officials of the department, bureau, or unit.

2. In the case where a civil servant or official violates discipline during a temporary assignment, the disciplinary council of the agency, organization, or unit providing the temporary assignment shall conduct the review and disciplinary action, then send the entire file and disciplinary decision to the Government Inspectorate for retention in the monitoring and management file.

3. In the case where a civil servant or official violates discipline before transferring to a new agency, organization, or unit, the Government Inspectorate still conducts the review and disciplinary action, then sends the entire file and disciplinary decision to the current managing agency, organization, or unit for retention in the monitoring and management file.

Section 4: APPLICATION OF DISCIPLINARY MEASURES

Article 16. Subjects to whom disciplinary measures apply.

1. The forms of disciplinary measures of reprimand, warning, and forced resignation shall be applied to all civil servants and officials who violate discipline.

2. The form of disciplinary measure of demotion in rank shall be applied to civil servants and officials who are currently holding a rank higher than the first grade of the position or title. The form of demotion in rank shall not be applied to civil servants and officials who are enjoying seniority beyond the framework.

3. The forms of disciplinary measures of demotion in post and removal from post shall only be applied to civil servants and officials holding leadership or managerial positions.

Article 17. Application of disciplinary measures.

1. The form of disciplinary measure of reprimand shall be applied to all civil servants and officials who violate discipline for the first time, at a light level, due to the responsibility of the head or deputy head when the unit has committed violations of law that have not reached a serious level.

2. The form of disciplinary measure of warning shall be applied to civil servants and officials who have been previously disciplined with a reprimand but have repeated the violation; or who have violated at a light level but with a recurring nature; or although it is their first violation, it has a relatively serious nature; or their first violation relates to the integrity and character of the civil servant or official, affecting the reputation of the Government Inspectorate; or they have violated their duties as civil servants or officials concerning their responsibility for training, study, discipline, and conduct; falsifying records, resumes, and using illegal certificates to obtain a promotion in rank or position without causing serious consequences; violating at a light level those things that civil servants and officials are not allowed to do as stipulated in Articles 18, 19, and 20 of the Civil Servant Law; due to the responsibility of the head or deputy head when the unit has committed relatively serious violations of law and discipline.

3. The form of disciplinary measure of demotion in rank shall be applied to civil servants and officials who have been previously disciplined with a warning but have repeated the violation related to professional ethics; falsifying records, resumes, and using illegal certificates to obtain a promotion in rank or position; seriously violating discipline and law while performing their duties; committing relatively serious violations of those things that civil servants and officials are not allowed to do as stipulated in Articles 18, 19, and 20 of the Civil Servant Law.

4. The form of disciplinary measure of demotion in post shall be applied to civil servants and officials holding posts who have committed relatively serious violations due to unintentional errors regarding their character and reputation, which can still hold leadership positions. Due to the responsibility of the head or deputy head when the unit has committed serious violations of law and discipline. For cases where civil servants and officials holding posts at this level no longer have a lower leadership position, the form of disciplinary measure of removal from post shall be applied.

5. The form of disciplinary measure of removal from post shall be applied to civil servants and officials holding posts who have committed serious violations of law and discipline regarding their character and reputation, which cannot hold leadership positions. Due to the responsibility of the head or deputy head when the unit has committed very serious violations of law and discipline.

6. The form of disciplinary measure of forced resignation shall be applied to civil servants and officials in the following cases:

- A civil servant commits a crime and is sentenced to imprisonment by the Court;

- A civil servant is currently undergoing one of the disciplinary measures of demotion in post or removal from post and repeats the violation or continues to violate discipline;

- A civil servant, although committing a violation for the first time, has a very serious nature and degree of violation, no longer worthy to be part of the civil servant cadre;

- A civil servant uses illegal certificates to be recruited into the Government Inspectorate;

- A civil servant or official is addicted to drugs;

- A civil servant voluntarily leaves work, totaling seven working days or more in a month or twenty working days or more in a year, having been notified in writing three consecutive times by the heads of departments, bureaus, or units managing them;

- Violating at a particularly serious level as prescribed by laws on anti-corruption; thrift and anti-waste; labor discipline; prevention of prostitution; the Inspection Law; the Complaints and Petitions Law; and other laws related to civil servants.

Section 5: OTHER PROVISIONS ON DISCIPLINARY MEASURES

Article 18. Provisions related to the implementation of disciplinary decisions against civil servants.

1. Civil servants who are disciplined with a warning, reprimand, or demotion in rank shall, depending on the nature and severity of the violation, be allowed to retain their previous position or be reassigned to another position.

2. Six months after the date of the decision to discipline with a warning or reprimand, and twelve months after the date of the decision to discipline with a reduction in rank or removal from office, the Inspector General or the Head of the State Administrative Unit may consider and decide to increase the salary grade for civil servants who have reached or exceeded the time limit for increasing the salary grade. The time for enjoying the new salary grade will start from the date when the time limit for increasing the salary grade has been met (extended according to Clause 1 of Article 82 of the Law on Cadres and Civil Servants).

3. For civil servants disciplined with a reduction in rank, the time for increasing the salary grade will be recalculated from the effective date of the disciplinary decision.

4. Civil servants disciplined with a compulsory termination of employment.

- Civil servants disciplined with a compulsory termination of employment shall not be entitled to severance pay but shall be recognized by the insurance agency for the period of work during which social insurance contributions were made, in accordance with the provisions of the law on social insurance.

- The Cadre and Civil Service Organization Department assists the Inspector General or the Head of the State Administrative Unit in managing and retaining the files of civil servants disciplined with a compulsory termination of employment and is responsible for providing a summary of the curriculum vitae and comments (with confirmation) upon request by the civil servant.

Article 19. Benefits and policies for civil servants during the period of temporary suspension from duty.

1. During the period of temporary suspension from duty as provided for in Article 81 of the Law on Cadres and Civil Servants, civil servants shall be entitled to 50% of their salary and allowances (if any).

2. In cases where civil servants are not subject to disciplinary measures, they shall be entitled to recover 50% of the remaining portion of their salary and allowances (if any) during the period of temporary suspension from duty. The period of temporary suspension from duty shall be counted towards the time for increasing the salary grade as prescribed.

3. In cases where civil servants are subject to disciplinary measures, they shall not be entitled to recover the remaining portion of their salary and allowances (if any) during the period of temporary suspension from duty. The period of temporary suspension from duty shall not be counted towards the time for increasing the salary grade as prescribed.

Chapter III.

AUTHORITY TO IMPOSE DISCIPLINARY MEASURES

Article 20. Authority to impose disciplinary measures on cadres and civil servants.

1. The Inspector General shall examine and issue decisions on disciplinary measures for civil servants holding leadership positions at the department level; department heads in departments, bureaus, administrative units; civil servants holding the Senior Inspector rank and equivalent; and civil servants in the administrative sector under the Government Inspectorate.

2. The Heads of State Administrative Units shall examine and issue decisions on disciplinary measures for civil servants holding leadership positions at the department level, holding the Principal Specialist rank and equivalent, working in their own units.

Chapter IV.

IMPLEMENTATION

Article 21. Responsibility for Implementation.

The Heads of Departments, Bureaus, and Units under the Government Inspectorate are responsible for strictly implementing this Regulation; during the process of application, if there are unclear points or difficulties, the Departments, Bureaus, and Units shall report to the Cadre and Civil Service Organization Department for consolidation and reporting to the Inspector General for review, adjustment, and supplementation./.