Chapter I
GENERAL PROVISIONS
Article 1.- The disciplining of public employees is aimed to educate them and at the same time help to prevent, combat and strictly deal with the law violations by public employees.
Article 2.-
1. Public employees prescribed in this Decree are persons on the State payroll who get paid from the State budget, including:
a/ The persons defined in Clause 3, Article 1 of the Ordinance on Public Employees;
b/ The persons defined in Clause 5, Article 1 of the Ordinance on Public Employees;
For persons defined in Point b, Clause 1 of this Article, in addition to the provisions of this Decree, the management and command regulations of the People’s Army and People’s Police shall also apply;
c/ Public employees sent to work for economic organizations, social organizations, socio-professional organizations, which have been given personnel quotas by the competent agency(ies).
2. For contractual employees within the personnel quotas of State agencies, organizations or units, if they breach the discipline, they shall be handled according to the provisions of the Labor Code.
Article 3.-
1. Public employees shall be disciplined only when they violate the provisions of Article 6, Article 7, Article 8 and Articles of Chapter III of the Ordinance on Public Employees as well as the provisions of other legal documents, but not to the extent of being examined for penal liability.
2. The disciplining must be effected by the competent person(s) in strict compliance with the procedures stipulated in this Decree.
3. The disciplining must be considered on the basis of the nature and seriousness of violations as well as the working seniority of public employees.
4. The disciplining shall not be imposed on public employees who breach discipline when they are affected by mental or other diseases that make them incapable of being aware of their acts; or when they execute decisions of their superiors as stipulated in Article 8 of the Ordinance on Public Employees.
Article 4.- Public employees who cause losses or damage to equipment and/or devices or who commit other acts of causing damage to the State’s properties shall have to make compensation therefor in accordance with the provisions of law. In cases where a loss is caused by a public employee due to force majeure, the compensation shall not be made.
Article 5.-
1. When a public employee is scrutinized for discipline, a Disciplinary Council must be set up.
2. When the Disciplinary Council meets, the involved public employee must be present. In case of his/her absence, the plausible reasons must be given. If the involved public employee is twice absent though having been summoned, the Disciplinary Council shall still meet to consider the case and propose form of discipline.
3. The statute of limitations for the handling of a breach of discipline shall be 3 months at most, after the breach is detected; for a breach involving complicated factors that require time for investigation and verification, the above-said time-limit may be longer but must not exceed 6 months (except for cases stipulated in Clause 4, Article 9 of this Decree).
Article 6.-
1. For public employees who are subject to such forms of discipline as reprimand, warning or removal from office, their wage increase and appointment to higher position shall comply with the provisions of Article 43 of the Ordinance on Public Employees.
2. If within 12 months after the disciplinary decision is issued, the disciplined public employee neither repeats his/her breach nor commit other violations which are not serious to the extent of being disciplined, the competent agency or unit shall issue a decision terminating the effect of the discipline imposed on such public employee.
3. The reinstatement and/or rank and wage scale rearrangement (for public employees subject to removal from office, demotion or wage reduction) shall be considered and decided by the concerned agency or unit or by the competent agency at the proposal of the concerned agency or unit on a case-by-case basis.
Article 7.-
1. For a public employee who has been disciplined or examined for penal liability but such discipline or examination is wrong upon the conclusion of a competent agency or organization as stipulated in Article 45 of the Ordinance on Public Employees, the head of the agency or organization where such public employee is working shall, within 30 days after the conclusion is made, have to organize the announcement of such conclusion.
2. The above-said public employee shall have his/her honor restored, be given a suitable job and entitled to a wage equivalent to his/her pre-discipline wage level, have his/her period under the discipline counted for wage increase, and be compensated for any damage caused in accordance with the provisions of Decree No.47/CP of May 3, 1997 of the Government on the settlement of compensation for damage caused by State officials, employees or competent persons of the legal proceedings agencies.
Article 8.-
1. If a disciplined public employee does not satisfy with the disciplinary decision, he/she shall have the right to lodge a complaint thereabout to the competent agency or organization in accordance with the provisions of the legislation on complaints and denunciations.
2. Agencies and organizations that receive complaints from public employees shall have to consider them and reply the complainants within the time-limit prescribed by law.
3. A public employee who holds the post of department-level head or lower post and is forced to discontinue his/her work, shall have the right to initiate an administrative lawsuit at a court prescribed by law, if after having made a complain about the disciplinary decision, he/she is still subject thereto.
Tìm kiếm
Nghị định 97/1998/NĐ-CP (Bản Word)