Chapter 1:
GENERAL PROVISIONS
Article 1. Scope and objects of governing
1. This Decree provides for the discipline of officials and public employees who violate the provisions of law.
2. Subject to the regulations of this Decree, including officials and public employees defined in points b, c, d, đ and e, clause 1, Article 1 of the Ordinance amending and supplementing some Articles of the Ordinance on Officials and Public Employees dated April 29, 2003 (hereinafter referred to as the Ordinance on Officials and public employees in 2003).
3. If the following cases violate the law, they shall also discipline under the provisions of this Decree, including: officials and public employees who were mobilized to work in the economic organizations, social organizations, the professional- social organizations; officials and public employees who are on leave to wait for procedures of pension; officers and public employees who after being mobilized to work for the other agencies, organizations and units, are discovered violations of law
Article 2. In cases of being disciplined
1. Violations of the obligations implementation of officials and public employees defined in Article 6, 7 and 8 of the Ordinance on Officials and Public Employees in 2003 while being on duty, public service.
2. Committing violations that officials and public employees are banned from doing as provided for in Article 15, 16, 17, 19 and 20 of the Ordinance on Officials and Public Employees in 2003.
3. Violations of the law that were declared guilty by courts or concluded in writing on violations of law by competent agencies.
Article 3. The cases that have not considered yet the discipline for officials and public employees
1. Being at the time of holidays, leave by mode, leave by the individual work permitted by the heads of the agency or organization, unit.
2. Being treated in hospitals.
3. Being temporarily detained, in custody pending the conclusion of investigation, verification, and conclusions of law violations by the competent authority.
4. Female officials, public employees who are on maternity leave.
Article 4. The cases of not applying to the disciplinary forms provided for in this Decree
1. Violate law regulations in case of being lost capacity of civil acts according to the conclusions of the competent health authority.
2. Must implement the decisions of the superiors in accordance with provisions in Article 8 of the Ordinance on Officials and Public Employees.
3. Violation of discipline in a force majeure situation while being on duty, public service and is certified by competent authorities.
Article 5. The principles of consideration for disciplining officials, public employees
1. Objectiveness, fairness, strictness and the proper time limit.
2. When disciplining officials and public employees, it must set up a Disciplinary Council, except for officers, public employees who were offended against law and sentenced imprisonment by the court without the suspended sentence.
3. Disciplinary decision must be signed by the competent person as prescribed in this Decree.
4. Each violation is handled only a form of discipline. If officials and public employees who have been conducted many violations, shall be handled the discipline on each violation and take the discipline form of a higher level.
5. To ban all acts of infringing upon the body, honor and dignity of officials and public employees in the review process of discipline; to ban the application of the fine measures instead of a form of discipline.
6. Not to apply the disciplinary form of dismissal for female officials and public employees who are pregnant and officials and public employees who are raising children under 12 months old.
Article 6. Complaints and lawsuits
1. Where officials, public employees do not agree with the decision to discipline, they may lodge complaints to the competent agencies, organizations, units under the law regulations.
2. Officers and public employees holding positions from director general or less who are forced to resign and after making complaints that they have been forced to resign, they may initiate administrative lawsuits at courts according to law regulations.
3. The agencies, organizations, units receiving complaints of officials and public employees have to take responsibility for replying to concerned people according to their competence and the time limit as prescribed by law.
Article 7. Resolving of complaints conclusions
1. The decision to discipline for officials and public employees who have been concluded by the competent agencies, organizations, units or have been judged as victim by the Court, no later than 30 days from the date of conclusion or Court's judgment takes effect, the heads of agencies, organizations or units where officials and public employees work take the responsibility to publicize the conclusion or above judgment to all officials and public employees and must take responsibility for compensating the legitimate interests of officials and public employees as prescribed by law.
2. If agencies or organizations that are competent to settle complaints and denunciations of conclusion on the discipline for officials and public employees conduct improper provisions on the contents, forms, handling process, the person who is competent to sign disciplinary decision must issue the decision to revoke the decision to discipline and direct the heads of agencies, organizations, units of managing officials and public employees to reorganize the discipline consideration for officials and public employees in accordance with provisions.
Tìm kiếm
Nghị định 35/2005/NĐ-CP (Bản Word)