Chapter 3:
COMPETENCE TO DISCIPLINE
Item 1: FOR OFFICERS, PUBLIC EMPLOYEES IN STATE ADMINISTRATIVE AGENCIES
Article 30. In case of violators being officials, public leaders
1. The Prime Minister considers and decides the discipline the officials, public leaders holding positions of leadership appointed by the Prime Minister.
2. Ministers, heads of ministerial-level agencies, governmental agencies review and decide the discipline for officials and public leaders holding positions of leadership appointed by ministers, heads of ministerial-level agencies, governmental agencies.
3. Presidents of the People's Committees of provinces and cities directly under the Central Government shall consider and decide discipline for officials and public leaders holding positions appointed by the Presidents of the People's Committees of provinces and cities under Central Government.
4. Apart from the cases of officials and public leaders defined in clause 1, 2 and 3 of this Article, based on decentralization of management, officials, and public employees holding the positions appointed by a certain level, when persons of such level violate, such level head shall consider and make the disciplinary decisions.
5. If officials and public employees holding the leadership positions disciplined in the form of wage reduction, lower scale of salary, forced to resign that scale increase, wage increase, recruitment decided by the direct superior, the heads of agencies and organizations review and recommend in writing to the competent authority for deciding discipline.
Article 31. Where violators being officials, public employees not holding leadership positions
1. For the ministries, ministerial-level agencies, Governmental agencies (hereinafter referred to as Ministries):
a) Officials and public employees of the Ministries who were disciplined, the ministers, heads of ministerial-level agencies and Governmental agencies shall consider and make the disciplinary decisions.
b) Officers and public employees of agencies, organizations, and units under the Ministries violate discipline; the heads of agencies, organizations, units directly under the Ministries shall make the decision to discipline under the authority decentralized. Where officials and public employees in the rank of principle specialist or higher who were disciplined in the form of wage reduction, lower scale of salary and forced to resign, then after the Disciplinary Council has its recommendations on disciplinary form, based to decentralized authority, the head of the agency, organization, unit makes decision or proposes in writing to the competent authority for making decision on discipline (through personnel organization agencies).
2. For the People's Committees of provinces and cities under central authority (hereinafter referred to as provinces):
a) Officers and public employees of Departments, Boards and Branches of the provincial People's Committees and agencies of the People's Committees of urban districts, rural districts, towns and provincial cities who were disciplined, the heads of the agencies shall make decision to discipline under their decentralized authorities.
b) Officers and public employees of organizations directly under Departments, Boards and Branches of the provincial People's Committees and organizations directly under the People's Committees of urban districts, rural districts, towns and provincial cities who were disciplined, the heads of the organizations shall make decision to discipline under their decentralized authorities.
c) In case of officials and public employees in the ranks of specialist and principle specialist or more who are disciplined in the form of wage reduction, lower scale of salary and forced to resign then after the Disciplinary Council has its recommendations on disciplinary form, based to decentralized authority, the head of the agency, organization, unit makes decision or proposes in writing to the competent authority for making decision on discipline (through personnel organization agencies.
Item 2: FOR THE ADMINISTRATIVE UNITS OF THE STATE
Article 32. Where violators being officials, public leaders
1. The Prime Minister considers and makes decision to discipline for officials, public leaders holding positions appointed by the Prime Minister.
2. Officials and public employees who are the heads or deputy heads of administrative units appointed, recruited by a certain level, if committing discipline violations shall be reviewed and made disciplinary decisions by such level.
3. If officials and public employees who hold leadership positions who were disciplined by the disciplinary form of wage reduction, lower scale of salary, forced to resign that that scale increase, wage increase, recruitment decided by the direct superior, the heads of agencies and organizations, units review and recommend in writing to the competent authority for deciding discipline.
Article 33. Where violations being officials, public leaders not holding leadership positions
Based on the decentralization of management of officials and public employees in the administrative units of the state, the level that are competent to (or assigned) recruit, sign working contract, increase wage, appoint scale, such the level shall review and make the disciplinary decision or propose a written request to the competent authority for making disciplinary decision.
Tìm kiếm
Nghị định 35/2005/NĐ-CP (Bản Word)