Thursday , June 17 2021

Discipline of retired personnel: Only applicable to the level of a deputy minister or higher?



Saturday, January 26, 2019 18:00 (GMT + 7)

One of the two options proposed by the Ministry of the Interior is to apply discipline only to retired staff whose level is from the deputy minister or vice-president of the province or higher.

Discipline of retired personnel: Only applicable to the level of a deputy minister or higher? - 1

Mr. Wu Hue Hoang is one of the retired leaders who is disciplined by deleting the status of the former Minister of Industry and Trade.

The Ministry of the Interior collects comments to supplement the Act on Amendment and Supplementation of a number of articles of the Law on Personnel, Civil Servants and the Civil Servants Act.

One of the remarkable new points in this review is the regulations relating to the discipline of retired officials, civil servants and civil servants while they are still in office. Accordingly, when retired officials and civil servants are still considered disciplined or prosecuted under the law.

The Ministry of the Interior has stated that most of the opinions agree with the addition of disciplinary provisions for retired officials, civil servants and employees who have retired or changed their jobs but have acted. During his working hours he is seriously committed to institutionalizing the guidelines and policies of the party, ensuring discipline, discipline and strictness of the law.

There are, however, suggestions for considering the scope of this subject, which should apply only to those who occupy certain posts and powers without general provisions for all contingents of staff, civil servants and civil servants who have retired who have left the work their place or have transferred their jobs.

Therefore, the Ministry of the Interior has submitted 2 plans for this to consult the government.

The first option is to regulate the discipline of all officials, civil servants and employees who commit offenses in the course of their work who are retired or retired but are no longer officials or civil servants. officials.

In the second option, only disciplinary measures are foreseen for officials and civil servants who hold senior positions at the level of deputy minister and equivalent at central level, and vice-president of the province and equivalent upstream in the area. when there are serious violations in the working process, they are retired or retired, but no longer are officials and civil servants.

As regards the limitation period for disciplinary action, the law in force provides that "24 months from the time of the violation to the opening of a disciplinary offense". But the Interior Ministry said that the limitation is too short, does not guarantee the burden of work with officials, civil servants and employees who have committed violations.

Due to the fact that some cases were disciplined for the party (or they were punished, but a conditional sentence), the limitation period has expired when considering discipline under the law.

As a result, this time, the Editorial Committee has amended and supplemented the provisions of Article 80 on limitation and disciplinary time-frames to extend the limitation period and the deadline for solving problems and shortcomings. born from practice.

This amendment also adds provisions relating to disciplined officials and civil servants. Accordingly, certain officials and civil servants who are disciplined do not have the right to be appointed to higher posts (they can still consider re-appointment or lower posts).

Or officials and civil servants who are in the process of examining disciplines, investigations, prosecutions and court decisions can still arrange for their retirement in order to avoid the incidence of staff and civil servants who have reached retirement age but due to order Long-term processing procedures, there are cases that have been going on for many years if the pension procedures are not regulated, this will create problems in the process of using staff and civil servants.

Mr. Wu Hue Hoang sometimes goes abroad for up to 163 days / year

The Ministry of Industry and Trade is the agency with many leaders working abroad, including former Minister Wu Hue Hoang.


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