Chapter II
DISCIPLINING
Article 9.- The disciplining shall be made according to the following principles:
1. Each breach of discipline shall be subject to only one form of discipline.
If, at one time, a public employee commits more than one acts of breaching discipline, he/she shall be disciplined for every breach and subject to the form of discipline one level higher than that set for the most serious breach.
This regulation shall also apply to public employees who commit more than one acts of violation, each of which is subject to the same form of discipline.
2. Forbidding all acts of infringing upon the body, honor and dignity of the disciplined public employees;
3. Forbidding the application of fines or wage cutting instead of a form of discipline;
4. Public employees shall not be disciplined yet in the following cases where:
a/ They are on annual leave, leave for personal business or leave permitted by the head of the agency; or
b/ They are being hospitalized according to physicians’ prescription; or
c/ They are being detained or subject to other administrative measures such as the placement in education establishments, medical establishments or under administrative probation; or
d/ They are women on maternity leave.
5. The form of discipline as sack shall not apply to public employees who are pregnant women or nursing their children of under 12.
Article 10.- Those public employees who are being examined for penal liability or scrutinized for discipline and suspended from work as prescribed in Article 41 of the Ordinance on Public Employees shall not be mobilized for work and/or permitted to retire or quit their job.
During his/her work suspension, a public employee shall be entitled to an advance of 50% of his/her wage and allowance (if any). If such public employee is not disciplined after the scrutiny by the concerned agency, organization or unit, he/she shall be given the rest of his/her wage and allowance (if any) amount he/she is entitled to during the work suspension period.
Article 11.- Public employees who breach discipline shall, depending on the nature and seriousness of their breaches, be subject to one of the following forms of discipline:
1. Reprimand;
2. Warning;
3. Wage reduction;
4. Demotion;
5. Removal from office;
6. Sack.
Article 12.-
1. The reprimand shall apply to public employees who breach discipline for the first time and the breach is not serious.
2. The warning shall apply to public employees who have been reprimanded but still repeat their breaches; or whose breaches are not serious but regular; or whose breaches, though committed for the first time, are fairly serious.
3. The wage reduction shall apply to public employees who commit serious breaches in the performance of their tasks and/or duties.
4. The demotion shall apply to public employees who commit serious breaches of discipline and are considered no longer qualified morally and professionally for the ranks they are assuming.
5. The removal from office shall apply to public employees who hold high posts but commit serious breaches of discipline and are, therefore, considered unable to continue holding their assigned posts.
6. The sack shall apply to public employees who commit offenses and are put to jail by the court without being entitled to suspended sentence.
7. The Disciplinary Council may consider and propose the sack of a public employee if:
a/ He/she has committed and offense and been put to jail by the court but entitled to the suspended sentence, non-custodial reeducation, probation or warning, provided that the offense is related to the performance of his/her public duty;
b/ He/she has been subject to such forms of discipline as wage reduction, demotion or removal from office but has repeated the offense;
c/ He/she has committed the violation for the first time but such violation is serious.
Article 13.- Heads of agencies, organizations or units may be disciplined if they let their public employees breach the discipline regularly or seriously in the performance of duties of their respective agencies, organizations or units.
Article 14.- Heads of agencies, organizations or units competent to decide forms of discipline to be imposed on their public employees shall have to set up a Disciplinary Council for consideration and proposal of the forms of discipline.
The Disciplinary Council shall be composed of:
1. The Chairman, being the head or a deputy head of the concerned agency, organization or unit;
2. A representative of the Executive Committee of the trade union at the same level;
3. Representative(s) of public employees of the agency, organization or unit where the discipline violator is working (to be appointed by the collective of the unit’s public employees).
In addition to the above-said members, the Disciplinary Council shall invite a representative of the Ladies’ Committee (if the violator is a woman), a representative of the Ho Chi Minh Communist Youth Union organization of the agency, organization or unit (if the violator is a youth) to attend the meeting. The invited representatives shall have the right to raise their opinions at the meeting but not to vote.
In cases where the head of the agency or unit breaches discipline, his/her immediate superior shall decide to set up a Disciplinary Council for consideration and handling of the violation.
Article 15.- The Disciplinary Council shall work in a collective, objective, public and democratic manner and vote by majority with secret ballots. The Disciplinary Council shall meet only when all of its members are present.
Article 16.- A public employee, who breaches discipline, shall have to make a self-criticism report. The head of the agency, organization or unit that employs such public employee shall have to organize a meeting for the violator to make self-criticism before the agency, organization or unit. The violator’s self-criticism report and the minutes of the meeting, with proposal on the form of discipline stated therein shall be submitted to the head of the agency in charge of the public employee to present the case before the Disciplinary Council for consideration.
Article 17.- Public employees, who breach discipline, shall be summoned by the Disciplinary Council at least 7 days before the Council meets.
Article 18.- The organization and personnel section of the agency, organization or unit shall have to prepare documents and dossiers related to the disciplining in order to present them before the Disciplinary Council; and at the same time have to make a minutes of the Disciplinary Council’s meeting.
Article 19.- At the Disciplinary Council’s meeting:
1. The Council’s Chairman shall state the reasons of the meeting, and introduce the participants;
2. A representative of the organization and personnel section shall present the dossier and relevant documents;
3. The violator shall give his/her opinions; the Council’s members and other participants shall take the floor;
4. Before the Council takes counsel before voting on the form of discipline, the violator shall have the right to suggest a form of discipline to be imposed on him/her;
5. The Council’s resolution shall be announced at the meeting.
Article 20.- Within 3 days after the announcement of the Disciplinary Council’s resolution, the Council’s minutes as well as relevant dossiers and documents must be sent to the agency, organization or unit managing the concerned public employee. Within 7 days after receiving the dossier and documents from the Disciplinary Council, the competent head of the concerned agency, organization or unit shall have to issue a disciplinary decision.
Tìm kiếm
Nghị định 97/1998/NĐ-CP (Bản Word)