Chapter III
DISCIPLINING COMPETENCE, PROCESS AND PROCEDURES
Article 13.- Responsibility to consider discipline
Within 30 days after obtaining competent bodies' official conclusions on corruption cases or after the judgments on corruption cases take legal effect, heads of immediate superior agencies, organizations or units shall consider the discipline or report the cases to competent authorities to consider the disciplining of heads or deputy heads of agencies, organizations or units who are directly or jointly responsible for the corruption cases.
Article 14.- Competence to decide on discipline
The competence to decide on disciplining heads of agencies, organizations or units where corruption occurs shall comply with the current regulations on decentralization of management of cadres and civil servants.
Article 15.- Disciplinary councils
1. Heads of immediate superior agencies, organizations or units of agencies, organizations or units where corruption occurs must set up disciplinary councils to consider the disciplining of heads or deputy heads of the agencies, organizations or units where corruption occurs.
2. Members of a disciplinary council include:
a/ The council chairman being the head or deputy head of the immediate superior agency, organization or unit of the agency, organization or unit where corruption occurs;
b/ A member being a representative of the immediate superior Party committee of the Party committee of the agency, organization or unit where corruption occurs;
c/ A member being a representative of the trade union executive board of the agency, organization or unit where corruption occurs.
3. The disciplinary council shall work under the collective regime and make decisions based on majority vote by secret ballot. Its meeting shall only be held when it is attended by all their members.
4. The setting up of councils for disciplining ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairmen of provincial/municipal People's Councils, presidents of provincial/municipal People's Committees or persons holding equivalent positions shall be considered and decided by competent agencies or organizations according to the provisions of law.
Article 16.- Process of consideration of disciplining
1. The head or deputy head of the agency, organization or unit where corruption occurs shall make a self-criticism report and acknowledge a disciplining form.
2. The immediate superior leader shall convene and preside a meeting to criticize the head or deputy head defined in Clause 1 of this Article. Participants in the meeting shall include holders of leading positions in the agency, organization or unit. The immediate superior leader shall decide on the meeting's participants. The meeting's minutes must state the disciplining form proposed by the agency, organization or unit.
3. The disciplinary council of the immediate superior agency, organization or unit shall consider and vote on the disciplining form by secret ballot and propose the head of its agency, organization or unit or competent authorities to decide on the discipline.
Article 17.- Other regulations on the process of consideration of disciplining
Other regulations on the process of considering the disciplining of heads and deputy heads of agencies, organizations and units such as those on the statute of limitations for disciplining; suspension of working; management of disciplinary dossiers; termination of the validity of disciplinary decisions; complaints and settlement of complaints about disciplinary decisions, and regulations related to disciplined cadres and civil servants shall comply with the Government's Decree No. 35/2005/ND-CP of March 17, 2005, on disciplining of cadres and civil servants.
Tìm kiếm
Nghị định 107/2006/NĐ-CP (Bản Word)