Chapter II
DISCIPLINING OF HEADS OF AGENCIES, ORGANIZATIONS AND UNITS
Article 6.- Principles of examination and disciplining
The disciplining of heads or deputy heads of agencies, organizations or units where corruption occurs and of heads or deputy heads of involved agencies, organizations or units defined in Clause 3, Article 4 of this Decree shall, apart from complying with the principles of disciplining cadres and civil servants specified in the Government's Decree No. 35/2005/ND-CP of March 17, 2005, on disciplining of cadres and civil servants, also comply with the following principles:
1. The task assignment and management decentralization within agencies, organizations or units shall serve as a basis for the determination of direct or joint responsibility.
2. The relations between the managing heads or deputy heads and persons under their management who commit acts of corruption shall serve as a basis for disciplining.
Article 7.- Disciplining forms
Heads or deputy heads of agencies, organizations or units where corruption occurs shall, depending on the nature and severity of the corruption cases, be disciplined as follows:
1. Heads or deputy heads of agencies, organizations or units who are cadres or civil servants defined at Points b, c, d, e, f and h, Clause 1, Article 1 of the Ordinance on Cadres and Civil Servants (which was amended and supplemented on April 29, 2003, by the National Assembly Standing Committee, and is hereinafter referred to as the Ordinance on Cadres and Civil Servants) and managers of state enterprises shall be subject to one of the following disciplining forms:
a/ Reprimand;
b/ Caution;
c/ Dismissal.
2. Heads or deputy heads of agencies, organizations or units who are cadres or civil servants defined at Points a and g, Clause 1, Article 1 of the Ordinance on Cadres and Civil Servants shall be disciplined according to the provisions of law and the charters of their political organizations or socio-political organizations.
3. Heads or deputy heads of agencies, organizations or units belonging to socio-political-professional organizations, socio-professional organizations or social organizations shall be disciplined according to the charters of those organizations.
4. Heads or deputy heads of agencies, organizations or units who are officers, non-commissioned officers or professional army men in the people's army or people's police shall be disciplined according to the provisions of law applicable to officers, non-commissioned officers and professional army men in the people's army or people's police.
Article 8.- Application of reprimand
Reprimand shall be applied to the head or deputy head of an agency, organization or unit where a serious corruption case occurs or many less serious corruption cases occur.
Article 9.- Application of caution
Caution shall be applied to the head or deputy head of an agency, organization or unit where a very serious corruption case occurs or many serious corruption cases occur.
Article 10.- Application of dismissal
Dismissal shall be applied to the head or deputy head of an agency, organization or unit where a particularly serious corruption case occurs or many very serious corruption cases occur.
Article 11.- Cases of exclusion of responsibility; exemption, extenuation or aggravation of discipline
1. The responsibility of heads or deputy heads of agencies, organizations or units shall be excluded in case they cannot know or have applied necessary measures to prevent or stop acts of corruption.
2. If heads or deputy heads of agencies, organizations or units where corruption occurs voluntarily apply for resignation before they are disciplined in the form of reprimand, and their resignation has been approved by competent authorities, they shall be exempt from disciplining.
3. Heads or deputy heads of agencies, organizations or units where corruption occurs shall be subject to an immediate lower discipline in one of the following cases:
a/ They have filed applications for resignation, which are approved by competent authorities;
b/ They have applied necessary measures to prevent or overcome the consequences of acts of corruption; or have strictly handled and promptly reported acts of corruption to competent agencies or organizations.
4. Heads or deputy heads of agencies, organizations or units where corruption occurs who fail to take necessary measures to prevent or overcome the consequences of acts of corruption, or who discover acts of corruption but fail to strictly handle them or to promptly report voluntarily apply for resignation them to competent agencies or organizations shall be subject to an immediate higher discipline.
Article 12.- Disciplining of ministers, heads of ministerial-level agencies and government-attached agencies and persons holding equivalent positions, chairmen of provincial/municipal People's Councils and presidents of provincial/municipal People's Committees
Ministers, heads of ministerial-level agencies or government-attached agencies or persons holding equivalent positions, chairmen of provincial/municipal People's Councils or presidents of provincial/municipal People's Committees who let particularly serious corruption cases occur in their respective ministries, branches or localities, causing adverse political, economic or social impacts, shall bear responsibility therefor and be disciplined according to the provisions of Clause 1 or Clause 2, Article 7 of this Decree.
Tìm kiếm
Nghị định 107/2006/NĐ-CP (Bản Word)