Decision No. 326/QD-TTCP On the issuance of regulations on disciplinary measures for civil servants and officials of the Government Inspectorate

Pursuant to …;

VRegarding the issuance of regulations on disciplinary measures for civil servants and officials of the Government Inspectorate

civil servant of the Government Inspectorate Agency

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GOVERNMENT INSPECTOR GENERAL

Pursuant to Decree No. 83/2012/NĐ-CP dated October 9, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Government InspectorateDeputy ministers of ministerial-level agencies,;

Pursuant to Decree No. 34/2011/NĐ-CP dated May 17, 2011 of the Government on disciplinary measures for civil servants;

Pursuant to DecreeNo. Pursuant to Decree No. 27/2012/NĐ-CP dated April 6, 2012 of the Government on disciplinary measures for officials and responsibility for compensation and restitution of officialsêfunction;

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

DECISION:

Article 1. This Decision promulgates the Regulations on disciplinary measures for civil servants and officials of the Government Inspectorate.

Article 2. This Decision takes effect from the date of issuance and replaces the Regulations on examination and disciplinary measures for civil servants of the Government Inspectorate issued together with Decision No. 2767/2011/QĐ-TTCP dated October 12, 2011 of the Chief Inspector General.

Article 3. The Director of the Office, Heads of Departments under the Organization and Cadre Department, Heads of Departments, Bureaus, and Units under the Government Inspectorate are responsible for implementing this Decision.

 

REGULATIONS

On disciplinary measures for civil servants and officials

of the Government Inspectorate

(Issued together with Decision No.No.: 326326/QĐ-TTCP dated February 27

year 2014 of the Chief Inspector General)

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Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Application

These regulations provide for the application of disciplinary measures; time limits, authority, procedures, and formalities for disciplinary measures against civil servants and officials who violate laws within the management jurisdiction of the Government Inspectorate.

Article 2. Principles for Disciplinary Sanctions

1. Objectivity, fairness, strictness, and compliance with the law.

Each violation of the law shall be subject to only one form of disciplinary measure. If a civil servant or official commits multiple violations of the law or continues to commit violations during the period of enforcement of a disciplinary decision, they shall be disciplined for each violation and shall face a more severe form of disciplinary measure than that applied to the most serious violation, except where the violation is subject to dismissal as a disciplinary measure.

The attitude of accepting, correcting, and proactively remedying the consequences of violations by civil servants and officials is a factor considered when applying disciplinary measures.

Administrative penalties shall not be applied instead of disciplinary measures.

Any acts infringing upon the physical body, reputation, or dignity of civil servants and officials during the process of disciplinary measures are prohibited.

Article 3. Cases Subject to Disciplinary Measures

Civil servants and officials shall be subject to disciplinary measures if they commit violations of the law in the following cases:

1. Violations of the provisions set forth in Article 3 of Decree No. 34/2011/NĐ-CP dated May 17, 2011 of the Government on disciplinary measures for civil servants (hereinafter referred to as Decree No. 34/2011/NĐ-CP).

2. Violations of the provisions set forth in Article 4 of Decree No. 27/2012/NĐ-CP dated April 6, 2012 of the Government on disciplinary measures for officials (hereinafter referred to as Decree No. 27/2012/NĐ-CP).

Article 4. Cases Not Subject to Examination and Disciplinary Measures and Cases Exempted from Disciplinary Responsibility

For civil servants: implemented according to the provisions of Articles 4 and 5 of Decree No. 34/2011/NĐ-CP of the Government.

For officials: implemented according to the provisions of Articles 5 and 6 of Decree No. 27/2012/NĐ-CP of the Government.

Chapter 2.

TIME LIMITS FOR DISCIPLINARY MEASURES

Article 5. Time Limit for Disciplinary Action

1. The time limit for disciplinary action is twenty-four months, from the date when the civil servant or officer commits a violation of the law until the date when the General Inspectorate of the Government or the head of a public service unit issues a written notice regarding the consideration of disciplinary action.

2. When discovering a violation of the law by a civil servant or officer, the person in charge of the agency, organization, or unit with the authority to impose disciplinary action as stipulated in Article 7 of this Regulation must issue a written notice regarding the consideration of disciplinary action. The notice must clearly state the date when the civil servant or officer committed the violation of the law, the date when the violation was discovered, and the deadline for disciplinary action.

Article 6. Deadline for Disciplinary Action

1. The maximum deadline for disciplinary action is two months, from the date when the violation of the law by the civil servant or officer is discovered until the date when the General Inspectorate of the Government or the head of a public service unit issues a decision on disciplinary action.

2. In cases where the matter involves multiple individuals, requires examination of evidence or means of transportation, or other complex circumstances, the deadline for disciplinary action may be extended but shall not exceed four months.

Chapter 3.

AUTHORITY, PROCEDURE, AND PROCEDURAL REQUIREMENTS FOR DISCIPLINARY ACTION CONSIDERATION AND IMPOSITION

Article 7. Authority to Impose Disciplinary Action

1. The General Inspectorate of the Government considers and decides on the form of disciplinary action against civil servants under the administrative sector of the Inspectorate of the Government and those cases defined as civil servants at public service units under the Inspectorate of the Government (excluding civil servants who are cadres under central management).

2. The head of a public service unit considers and decides on the form of disciplinary action against officers under their management.

3. For dispatched civil servants, the head of the agency, organization, or unit to which the civil servant is dispatched shall carry out disciplinary action, decide on the form of disciplinary action, and send the file and decision on disciplinary action to the Inspectorate of the Government. For dispatched officers, the head of the agency, organization, or unit to which the officer is dispatched shall consider and propose the form of disciplinary action, and send the file on disciplinary action to the public service unit that dispatched the officer to make a decision on disciplinary action within its authority.

4. For civil servants or officers who have transferred jobs and whose violations of the law are discovered within the prescribed time limit, the Inspectorate of the Government shall still carry out the consideration and imposition of disciplinary action, decide on the form of disciplinary action, and send the file and decision on disciplinary action to the managing agency or unit.

Article 8. Application of Forms of Disciplinary Action

1. The forms of disciplinary action for civil servants are implemented according to the provisions of Articles 8, 9, 10, 11, 12, 13, and 14 of Decree No. 34/2011/ND-CP on disciplinary action for civil servants.

2. The forms of disciplinary action for officers are implemented according to the provisions of Articles 9, 10, 11, 12, and 13 of Decree No. 27/2012/ND-CP on disciplinary action for officers.

Article 9. Disciplinary Council

1. The General Inspectorate of the Government decides to establish a Disciplinary Council to advise on the application of forms of disciplinary action for civil servants who commit violations of the law (except in cases where the civil servant is sentenced to imprisonment without probation for committing a violation of the law; or a civil servant holding a leadership or management position is subject to disciplinary action after a conclusion has been made by the Party Committee or Party Organization regarding the violation of the law, according to the regulations on cadre and civil servant management levels set forth in Clause 2, Article 17 of Decree No. 34/2011/ND-CP).

2. The head of a public service unit decides to establish a Disciplinary Council to advise on the application of forms of disciplinary action for officers who commit violations of the law according to the level of authority (except in cases where the officer is sentenced to imprisonment without probation by the Court or is sentenced by the Court for acts of corruption as stipulated in Clause 1, Article 16 of Decree No. 27/2012/ND-CP).

3. Principles of Operation of the Disciplinary Council:

3.1. Disciplinary Council for Civil Servants:

a) The Disciplinary Council convenes when there are three members or more present, including the Chairman and Secretary of the Council. The Disciplinary Council proposes the form of disciplinary action through secret ballot;

b) The content of the meeting of the Disciplinary Council must be recorded in minutes, noting the opinions of the attending members and the results of the secret ballot proposing the form of disciplinary action to be applied to civil servants who commit violations of the law.

3.2 Disciplinary Council for Officers:

a) The Disciplinary Council only convenes when all members are present. The Disciplinary Council proposes the form of disciplinary action through secret ballot;

b) The content of the meeting of the Disciplinary Council must be recorded in minutes, noting the opinions of the attending members and the results of the secret ballot proposing the form of disciplinary action to be applied to officers who commit violations of the law.

4. The Council operates based on the principle of collective work and majority voting. The Disciplinary Council dissolves itself after completing its tasks.

Article 10. Members of the Disciplinary Council

1. Disciplinary Council for civil servants:

1.1. For civil servants not holding leadership or management positions who have committed violations of the law, the Disciplinary Council shall consist of five members, including:

a) The Chairman of the Council is a Deputy State Inspector General;

b) One member of the Council represents the Trade Union Committee of the State Inspectorate;

c) One member of the Council represents the leadership of the unit where the civil servant under disciplinary review works;

d) One member of the Council is the person directly managing the administrative and professional activities of the civil servant under disciplinary review;

e) One member of the Council serving as Secretary advises on organizational and personnel work within the Personnel Department.

1.2. For civil servants holding leadership or management positions who have committed violations of the law, the Disciplinary Council shall consist of five members, including:

a) The Chairman of the Council is a Deputy State Inspector General;

b) One member of the Council represents the leadership of the unit where the civil servant under disciplinary review works;

c) One member of the Council represents the Party Committee of the State Inspectorate;

d) One member of the Council represents the Trade Union Committee of the State Inspectorate;

e) One member of the Council serving as Secretary advises on organizational and personnel work within the Personnel Department.

2. Disciplinary Council for public officials:

2.1. For public officials not holding management positions who have committed violations of the law, the Disciplinary Council shall consist of five members, including:

a) The Chairman of the Council is the head or deputy head of the public service unit;

b) One member of the Council represents the Party Committee of the public service unit;

c) One member of the Council represents the Trade Union Committee of the public service unit;

d) One member of the Council represents the unit where the public official under disciplinary review works, this member is selected and appointed by the head of that unit;

e) One member of the Council serving as Secretary advises on organizational and personnel work within the public service unit.

2.2. For public officials holding management positions who have committed violations of the law, the Disciplinary Council shall consist of five members, including:

a) The Chairman of the Council is the head or deputy head of the public service unit;

b) One member of the Council advises on organizational and personnel work within the Personnel Department;

c) One member of the Council represents the Party Committee of the public service unit;

d) One member of the Council represents the Trade Union Committee of the public service unit;

e) One member of the Council serving as Secretary advises on organizational and personnel work within the public service unit.

3. It is not permitted to appoint individuals with familial relationships such as parents, children recognized by law; spouses; full siblings; sisters-in-law, brothers-in-law; or individuals related to the violation of the law by the civil servant or public official under disciplinary review to be members of the Disciplinary Council.

Article 11. Procedure and formalities for reviewing and imposing disciplinary measures

1. Organizing meetings to review civil servants and public officials who have committed violations of the law

- The organization of meetings to review civil servants who have committed violations of the law is carried out in accordance with Article 16 of Decree No. 34/2011/NĐ-CP of the Government.

- The organization of meetings to review public officials who have committed violations of the law is carried out in accordance with Article 15 of Decree No. 27/2012/NĐ-CP of the Government.

2. The Disciplinary Council convenes to review and impose disciplinary measures

- The organization of meetings of the Disciplinary Council for civil servants is carried out in accordance with Article 19 of Decree No. 34/2011/NĐ-CP.

- The organization of meetings of the Disciplinary Council for public officials is carried out in accordance with Article 18 of Decree No. 27/2012/NĐ-CP.

3. Decision on disciplinary measures

3.1. Procedure for issuing a disciplinary decision:

a) 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 State Inspector General (for civil servants) or the head of the public service unit (for public officials).

b) Within fifteen working days from the date of receipt of the recommendation letter from the Disciplinary Council in cases where the Disciplinary Council is established, or the minutes of the review meeting in cases where the Disciplinary Council is not established, the State Inspector General issues a disciplinary decision or concludes that the civil servant has not violated the law.

c) Within five working days from the date of receipt of the recommendation letter from the Disciplinary Council, the head of the public service unit issues a disciplinary decision or concludes that the public official has not violated the law and bears responsibility for their decision.

3.2. The disciplinary decision must clearly state the effective date.

3.3. Within twelve months from the date the disciplinary decision becomes effective, if the civil servant or public official does not continue to commit violations warranting disciplinary action, the disciplinary decision ceases to be effective without the need for a separate termination notice.

3.4 All documents related to the imposition of disciplinary measures and the disciplinary decision must be retained in the civil servant's or public official's file. The form of disciplinary measure must be recorded in the civil servant's or public official's record.

Article 12. Complaints

Civil servants and public officials subject to disciplinary measures have the right to appeal against the disciplinary decision in accordance with the law on appeals.

Chapter 4.

IMPLEMENTATION

Article 13. Responsibility for Implementation

1. These regulations replace the Disciplinary Examination and Handling Regulations for civil servants issued together with Decision No. 2767/2011/QĐ-TTCP dated October 12, 2011 by the Government Inspector General, and other provisions regarding the examination and disciplinary handling of civil servants and officials of the Government Inspectorate that conflict with these regulations.

2. For matters related to the disciplinary handling of civil servants and officials and their liability for compensation and restitution not mentioned in these regulations, applicable laws shall be followed.

3. The disciplinary handling of cases involving contractual employees (contractual employees under Decree No. 68/2000/NĐ-CP; case-by-case contracts...) shall be carried out in accordance with the Labor Code, guiding documents for implementation, and other relevant provisions.

4. Heads of departments, bureaus, and units under the Government Inspectorate are responsible for implementing these regulations. During the implementation process, if there are any unsuitable points requiring amendments or supplements, departments, bureaus, and units shall report them to the Cadre and Civil Service Department for consolidation and reporting to the Government Inspector General for consideration and decision./.