Chương IX Luật cán bộ, công chức 2008: Khen thưởng và xử lý vi phạm

Chapter IX

COMMENDATION. AND HANDLING OF VIOLATIONS

Article 76. Commendation of cadres and civil servants

1. Cadres and civil servants with outstanding public duty performance may be commended in accordance with the law on emulation and commendation.

2. Cadres and civil servants who are commended for excellent achievements or merits are entitled to salary raise ahead of time and priority appointment to higher posts if so needed by agencies, organizations or units.

The Government shall specify this Clause.

Article 77. Relief of cadres and civil servants from responsibility

Cadres and civil servants are relieved from responsibility in the following cases:

1. Having to implement illegal decisions of superiors after reporting to decision issuers;

2. In force majeure circumstances as prescribed by law.

Article 78. Forms of disciplining cadres

1. Cadres who violate this Law and other relevant laws are. depending on the nature and seriousness of violation, subject to one of the following disciplinary forms:

a/ Reprimand;

b/ Caution;

cl Demotion;

d/ Removal from office.

2. Demotion is applicable only to cadres approved to hold posts according to term of office.

3. Cadres who commit a criminal offense, are convicted by a court and their sentences or rulings have taken effect will be automatically disallowed to continue their elected, approved or appointed posts; if they are subjected to an imprisonment sentence which is not suspended, they will be automatically sacked.

4. The application of disciplinary forms to. and the competence, order and procedures for disciplining cadres comply with legal provisions, the statutes of the Communist Party of Vietnam and socio-political organizations, and documents of competent agencies and organizations.

Article 79. Forms of disciplining civil servants

1. Civil servants who violate this Law or other relevant laws are, depending on the nature and seriousness of violation, subject to one of the following disciplinary forms:

a/ Reprimand;

b/ Caution;

cl Salary reduction;

d/ Demotion;

e/ Removal from office:

e/ Sack.

2. Demotion and removal from office are applicable only to civil servants holding leading or managerial posts.

3. Civil servants who arc subject to an imprisonment sentence which is not suspended will be automatically sacked on the date their sentences or rulings take effect: leading or managerial civil servants who are convicted by a court and their sentences or rulings have taken effect will automatically be removed from their appointed posts.

4. The Government shall stipulate the application of disciplinary forms, and the order, procedures and competence to discipline civil servants.

Article 80. Statute of limitations and lime limits for disciplining

1. The statute of limitations for disciplining is a time limit prescribed by this Law at the end of which a cadre or civil servant who has committed a violation will not be disciplined.

The statute of limitations for disciplining is 24 months, counting from the date of committing a violation.

2. The time limit for disciplining a cadre or civil servant is a period from the time of delecting a cadre or civil servant’s breach of discipline to the time of issuance by a competent agency or organization of disciplining decision.

The time limit for disciplining is 2 months; if a case involves complicated circumstances which need further verification, this time limit may be prolonged but must not exceed 4 months.

3. For an individual against whom a criminal case was instituted or who was prosecuted or decided to be brought to trial according to criminal procedures but then his/her investigation or trial is terminated under a decision, if his/her act of violation shows signs of breach of discipline, he/she shall be disciplined within 3 days after the date the investigation or trial termination decision is issued. The decision issuer shall send the decision and the case file to the competent agency, organization or unit for disciplining.

Article 81. Suspension of cadres and civil servants from working

1. While considering disciplining a cadre or civil servant, the agency, organization or unit managing him/her may issue a decision to suspend his/her work if il deems that his/her continued work may cause difficulties to the handling of his/her violation. The time limit for such suspension is 15 days and may be extended in special cases but not for another 15 days. If a cadre or civil servant is seized or detained to serve investigation, prosecution or trial activities, the period of seizure or detention is regarded as a time of justified leave; past this time limit if the cadre or civil servant faces no discipline, he/she may resume his/her work.

2. During the time of work suspension or seizure or detention to serve investigation, prosecution or trial activities, a cadre or civil servant may still receive salaries under the (iovernment’s regulations.

Article 82. Other provisions concerning disciplined cadres and civil servants

1. For cadres or civil servants who are reprimanded or cautioned, their salary raise period will be prolonged for 6 months from the date their disciplining decisions take effect; if being demoted or removed from office, their salary raise period will be prolonged for 12 months from the date their disciplining decisions take effect.

2. For cadres or civil servants who are disciplined in the form of reprimand to removal from office, they are not entitled to rank promotion, planning, training and appointment for 12 months from the effective dale ol theii disciplining decisions; past this time limit, if they commit no violations subject to discipline, they are again entitled to rank promotion, planning, training and appointment according to law.

3. Cadres and civil servants who are being examined for disciplining, investigated, prosecuted or tried may not stand as candidates, be nominated, appointed, transferred, rotated, seconded, trained or retrained, sit rank promotion examinations, retire or give up their jobs.

4. Cadres and civil servants who are removed from office due to corruption may not be appointed to leading or managerial posts.

Article 83. Management of commendation and disciplining records of cadres and civil servants

The commendation and disciplining of cadres and civil servants shall be filed in their records.