Chương 3 Nghị định 157/2007/NĐ-CP Quy định chế độ trách nhiệm đối với người đứng đầu cơ quan, tổ chức, đơn vị của Nhà nước trong thi hành nhiệm vụ, công vụ: Khen thưởng và xử lý vi phạm

Chapter 3

COMMENDATION, AND HANDLING OF VIOLATIONS

Article 9. Commendation

Heads and deputy heads who have splendidly fulfilled their tasks and public duties and strictly abided by the liability regime specified in this Decree and other relevant legal documents will be commended in accordance with law, considered for re-appointment or nomination for or appointment to higher positions, considered for wage raising ahead of schedule or appointed to participate in rank-promotion examinations in accordance with law.

Article 10. Cases of liability handling of heads

1. They violate the regulations on liabilities of heads specified in Article 7 of this Decree.

2. They have detected law-breaking acts committed by cadres, civil servants and employees under their management while performing tasks and public duties but fail to apply resolute measures to stop these violations and to promptly and effectively remedy the consequences.

3. They fail to assign tasks or assign unclear tasks to their subordinates or fail to inspect or urge them to perform their tasks.

4. They fail to promptly settle issues falling within their competence though subordinates have reported and asked for their directing opinions on these issues.

5. They give instructions in contravention of law or give unclear, too general or inconsistent instructions, causing waste to the state budget and assets; advise or propose competent authorities to promulgate or promulgate according to their competence documents in contravention of law, or fail to fulfill their assigned tasks on schedule.

6. Their deputies, representatives or authorized persons act in contravention of state regimes, policies and laws while performing tasks and public duties prescribed for the heads by law.

7. Their deputies or cadres, civil servants and employees under their management commit corruption or cause waste.

8. They fail to end the lingering situation of lodging complaints and denunciations to improper authorities.

9. They fail to.strictly handle, or cover up law- breaking acts committed by their subordinates.

Article 11. Special cases

For slate agencies, organizations or units which apply the regime of collective administration, when settling an issue falling under the deciding competence of the leadership board, if the opinions of the majority of the leadership boards are contrary to Party undertakings and policies or the state laws but the head or the deputy head who is assigned to administer or manage this domain has no different opinion, he/she shall bear liability at the level higher than other members of the leadership board of the state agencies, organizations or units as prescribed in this Decree.

Article 12. Principles on the handling of heads and deputy heads

When handling heads and deputy heads who violate the liability regime, apart from the principles on disciplining cadres, civil servants and employees prescribed by law, the following principles must be complied with:

1. The handling of heads and deputy heads who violate the liability regime applicable to heads must be carried out in a just and enlightened, public and objective manner in accordance with law, set procedures and strictly according to the nature and severity of their violations so as to avoid injustice or omission of violations;

2. If heads and their deputies commit law-breaking acts of the same nature and severity, the heads shall bear liability at a level higher than their deputies.

Article 13. Cases of exemption from or extenuation of the liabilities applicable to heads and deputy heads

1. Heads and deputy heads may be exempted from liabilities in the following cases:

a/ They are unable to be aware of, or have fulfilled their responsibility and applied necessary measures to prevent corrupt acts, waste or other law-breaking acts;

b/ Heads or depute heads, who are assigned to take charge of a domain, have promulgated a legal document to amend, supplement, replace, annul or cancel the implementation of a part or all of the contents of a document promulgated illegally by themselves and have remedied consequences caused by the promulgation and implementation of this illegal document;

c/ Heads and deputy heads have applied measures to prevent and combat natural disasters, calamities, accidents or other force majeure circumstances:

d/ The heads were absent at their agencies, organizations or units and have authorized their deputies in writing to settle affairs during their absence; in this case, the deputy heads shall take responsibility for their acts and decisions regarding the performance of their heads tasks or powers as prescribed in the authorization document;

e/ In case where heads or deputy heads are required to abide by decisions of their superiors but have grounds to believe that these decisions are illegal, they shall immediately report such to the superior agencies of the persons who have issued these decisions and not be subject to the liabilities for consequences caused by the implementation of these decisions.

2. Heads and deputy heads who violate the liability regime will be considered for a lower degree of discipline if they have acknowledged their violations, submitted their resignations and applied remedies, with the approval of competent authorities.

Article 14. Cases of aggravation of liabilities of heads and deputy heads

Heads and deputy heads who violate the liability regime shall be considered for aggravation of liabilities in the following cases:

1. They falsely report on the situation and results of performance of assigned tasks and public duties;

2. The mass media have reported or superior authorities have detected and given directing opinions on law-breaking acts committed in their agencies, organizations or units, but the heads and deputy heads still fail to implement these directing opinions or promptly apply handling measures, thus causing consequences:

3. Heads and deputy heads have been disciplined for violations of the liability regime but repeat their violations, are dishonest in reporting on or accepting criticisms about their violations or deliberately shirk or shift their responsibilities to others.

Article 15. Complaints, denunciations, petitions, initiation of lawsuits and appeals

1. Heads and deputy heads of state agencies, organizations or units may lodge complaints, file petitions, initiate lawsuits or appeals against handling decisions of competent agencies or persons in accordance with law.

2. Citizens may denounce acts of violating the liability regime committed by heads and deputy heads of state agencies, organizations or units prescribed in this Decree and other relevant legal documents in accordance with law.