Chapter VI
COMMENDATION AND HANDLING OF VIOLATIONS
Article 37.-
1. Public employees who make achievements in performing their tasks and public duties shall be considered for commendation in the following forms:
a/ Commendation papers;
b/ Commendation certificates;
c/ State honorary titles;
d/ Medals;
e/ Orders.
2. The commendation of public employees shall comply with the provisions of law.
Article 38.- Public employees prescribed in Points 2, 3, 4 and 5, Article 1 of this Ordinance who have made outstanding achievements in performing their tasks and public duties shall be considered for job-grade promotion or wage rise ahead of schedule as stipulated by the Government.
Article 39.-
1. Public employees prescribed in Points 2, 3, 4 and 5, Article 1 of this Ordinance who violate the provisions of law but not to the extent of being examined for penal liability shall be, depending on the nature and seriousness of violation, subject to one of the following forms of discipline:
a/ Reprimand;
a/ Warning;
c/ Wage reduction;
d/ Demotion;
e/ Removal from office;
e/ Sack.
The disciplining shall fall under the jurisdiction of the agency or organization that manages the subject public employees.
2. The removal from office or discipline of public employees prescribed in Point 1, Article 1 of this Ordinance shall comply with the provisions of law and the statute of the concerned political or socio-political organization.
3. Public employees who commit law violations that show signs of a criminal offense shall be examined for penal liability in accordance with the provisions of law.
4. Public employees who cause loss or damage to equipment and furniture or commit other acts of damaging State property shall have to make compensation in accordance with the provisions of law.
5. Public employees who commit law-breaking acts while performing their task or public duties, thus causing damage to another person shall have to reimburse to the agency or organization the amount of money the latter has compensated for the damage in accordance with the provisions of law.
Article 40.- The disciplining of a public employee must be considered and proposed by the Disciplinary Council of the agency or organization employing such public employee to a competent agency or organization for decision.
The composition and operational regulations of the Disciplinary Council shall be stipulated by the Government, the political organizations and/or the socio-political organizations.
Article 41.- During the time a public employee is considered for discipline, the competent agency or organization may issue a decision to temporarily suspend his/her work if it deems that his/her continued work may cause difficulties to the verification of his/her violation or he/she may continue to commit another violation. The time limit for such temporary suspension shall not exceed fifteen days and may be extended in special cases but not more than three months; past this time limit if the public employee is not handled, he/she shall be entitled to continue to work. During the time of temporary work suspension the public employee shall still receive wage in accordance with the Government's stipulations.
Public employees who are found not guilty shall be arranged to their former work after temporarily being suspended therefrom; in cases where a public employee is disciplined in the form of reprimand, warning, wage reduction or demotion, he may be, depending on the nature and seriousness of the violation, either arranged back to the former work or transferred to another one. The public employee who is disciplined in the form of dismissal from office shall be arranged to another work.
Article 42.- Public employees defined in Points 2, 3, 4 and 5, Article 1 of this Ordinance who are disciplined shall have the right to complain about the disciplinary decision against him/her to a competent agency or organization as prescribed by law.
Public employees defined in Points 2, 3 and 5, Article 1 of this Ordinance who hold the post of director of a department or an equivalent or lower post and are forced to discontinue their work shall have the right to initiate an administrative lawsuit at a court as prescribed by law.
Article 43.- Public employees defined in Points 2, 3, 4 and 5, Article 1 of this Ordinance who are disciplined in the form of reprimand, warning or removal from office shall have their wage-rise period prolonged for one more year, if they are disciplined in the form of from reprimand to removal from office they shall not be appointed to a higher post for a period of at least one year from the time the disciplinary decision is issued.
In cases where a public employee is disciplined for corruption, the disciplining shall comply with the provisions of the Ordinance against Corruption, other provisions of law, and the statute of the concerned political organization or socio-political organization.
Article 44.- Public employees who commit offenses and are sentenced to imprisonment by the Court shall be automatically forced to leave his/her work from the date the Court's verdict or decision takes legal effect.
Article 45.- Public employees who are disciplined or examined for penal liability but such discipline or examination is wrong upon the conclusion of a competent agency or organization shall have his honor and interests restored and be compensated for any damage as prescribed by law.
Article 46.- The commendation and discipline decisions shall be kept in the files on public employees.
Tìm kiếm
Pháp lệnh Cán bộ, công chức năm 1998 (Bản Word)