326/qd-Ttcp Decision: On Disciplinary Regulations For Public Servants, Employees Of Government Inspection Agencies

Original Language Title: Quyết định 326/QĐ-TTCP: Về việc ban hành quy chế xử lý kỷ luật đối với công chức, viên chức của cơ quan thanh tra Chính Phủ

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CHIEF INSPECTOR
Number: 326 /QĐ-TTCP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Central, 27 February 2014

A DECISION.

V. It ' s the issue of the statute of discipline to the public.

Officer of the government inspector.

______________

CHIEF INSPECTOR GENERAL

Base of Protocol 83 /2012/NĐ-CP 09/10/2012 The Government regulates the function, mandate, jurisdiction and organizational structure of the Political Inspector. brew ()

Base of Protocol 34 /2011/NĐ-CP June 17, 2011 of the Government on disciplinary treatment for public office. ()

Base of Decree Stain. 27 /2012/NĐ-CP 06/4/2012 The Government treats disciplinary action and responsibility for compensation, reimbursable Hey. n the office;

At the request of the Chief of Staff,

DECISION:

What? 1. The committee was accompanied by the decision to conduct disciplinary action against the public, the officer of the government Inspectra.

What? 2. The decision comes into effect since the date of the executive signing and the replacement of the review Regulation, which handles discipline to the public office of the Government Inspector agency issued by Decision No. 2767 /2011/QĐ-TTCP October 12, 2011, of the Inspector General of Government.

Go. Okay. 3. Chief of the Bureau, the Chief of Staff, the Chief of the Service, the Department of the Government of the Government of the Government, is responsible for this decision.

INSPECTOR GENERAL
(signed)

Phong Feng


STATUTE

About the handling of discipline to civil civil service, the official

of the Government Inspector General

(Board with s Decision Stain. : 326 /QD-TTCP 27th

the year 2014 by the General Inspector General)

_________________

Chapter 1.

COMMON RULES

What? 1. Range applicable

This statute rules the application of discipline; the statute of limitations, the statute of limitations, the statute, the statute of discipline, and the statute of discipline, and the statute of discipline under the jurisdiction of the Inspector of Government.

What? 2. Principles of disciplinary processing

1. objectively, fair, very serious, legally.

2. Each law violation is only dealt with a form of discipline. If the public, the officer, has many violations of the law, or continues to have a violation of the law during the time of the trial, the disciplinary action of the law, and the disciplinary action of the law and the form of discipline is more than one. With the form of discipline applied to the worst violation, except for the case of breach of disciplinary action by a forced form.

3. The return attitude, repair, and remediation of the public's aftermath, the officer with a violation of the law is the consideration factor for increased or mitigable consideration when applying the form of discipline.

4. Do not apply the form of administrative punishment in place of disciplinary form.

5. Prohibition of all breaches of the body, honor, dignity of the public, the officer during disciplinary processing.

What? 3. The cases are disciplined.

The official, the officer who was disciplined when there was a violation of the law in the following cases:

1. Violation of regulations at Article 3, Protocol 34 /2011/NĐ-CP October 17, 2011 of the Government Regulation for disciplinary treatment for civil civil office (the following call for Digital Protocol) 34 /2011/NĐ-CP).

2. Violation of regulations at Article 4, Protocol 27 /2012/NĐ-CP 06/4/2012 of the Government Regulation of disciplinary treatment for the officer (the following call for Digital Protocol) 27 /2012/NĐ-CP).

What? 4. The cases have not yet considered disciplinary treatment and cases are exempt from law discipline.

1. For the public: executed by regulation at Article 4, Article 5, Protocol No. 34 /2011/NĐ-CP of the Government.

2. For the official: executed by regulation at Article 5, Article 6, Protocol No. 27 /2012/NĐ-CP of the Government.

Chapter 2.

A STATUTE OF LIMITATIONS.

What? 5. Time of Law Processing

1. The disciplinary treatment period is 24 months, since the time of the civil office, the official has a violation of the law until the time of the General Inspector of Government or the Chief Minister of the Career to publish a written notice on the review of disciplinary action.

2. Upon the discovery of a violation of public law, the officer, the head of the agency, the organization, the unit with the authority to process the discipline specified in Article 7 of this statute must issue a written notice of the review of disciplinary action. The announcement must be made clear of the time of the public, the officer with a violation of the law, the time of the public discovery, the officer with a violation of the law and the statute of discipline.

What? 6. Age of disciplinary processing

1. The deadline for a maximum discipline of discipline is 2 months, since the date of public discovery, the official has a violation of the law until the day the General Inspects of Government or the Chief Minister of the Career decision to process discipline.

2. The case of the incident involving many people, whose burial, the means of a judge or other complex conditions, the statute of discipline may be extended but not for more than 4 months.

Chapter 3.

JURISDICTION, SEQUENCE, PROCEDURE REVIEW PROCEDURE

What? 7. Judge handling discipline

1. The Inspector General of Government considers and decides to form the discipline on public administration of the Government of the Government Inspectra Government and the cases stipulated as civil service in the career units of the Government Inspects (except for cases). This is the Central Committee of the Central Committee.

2. The head of a career unit review and decides to form a discipline for the officer of the administration.

3. For the general public, the head of the agency, the organization, the unit where the public is sent to the mission to conduct disciplinary action, decide the form of discipline and submit the case, decide the discipline of the Government Ombudman. For the dissect, the head of the agency, the organization, the unit where the officer was sent to the sect to conduct disciplinary action, proposed a form of discipline, and sent a disciplinary action record of the unit of a career as a candidate for a record. the law by authority.

4. For the public, the officer who moved the newly discovered business with a violation of the law, but also in the prescribed period, the Government Inspector agency still conducts review, handling discipline, deciding the form of discipline and sending records, deciding the record. the law on the agency is managing the public, the official.

What? 8. Apply the discipline form

1. The disciplinary forms for the public execution follow regulations at Article 8, Article 9, Article 10, Article 11, Article 12, Article 13, Article 14 No. 14 Protocol 34 /2011/NĐ-CP It ' s about disciplinary action against the public.

2. The disciplinary forms for the official executed in accordance with Article 9, Article 10, Article 11, Article 12, Article 13, The Digital Protocol. 27 /2012/NĐ-CP It's about disciplinary action against the officer.

What? 9. The disciplinary board

1. General Inspector General of Government decides to set up a disciplinary board to advise on the application of a disciplinary form to civil rights violations of the law (except for the case of public conduct violations of prison sentences without a suspended sentence;) Holding the office of leadership, management is considered to be disciplined when there has been a conclusion on the violation of the committee's legal violations, the party organization under the devolve management hierarchy, the public office of the Central Committee pursuits to Clause 2, Article 17, Number Protocol 34 /2011/NĐ-CP).

2. The career unit chief decided to set up a disciplinary board to advise on the application of disciplinary form to the officer to have a devolve violation of the law by hierarchy (except for the case of the court sentenced to a prison sentence without a suspended sentence). or convicted by the Court of Corruption by Regulation at paragraph 1, Article 16, Protocol No. 27 /2012/NĐ-CP).

3. The working principle of the Council of Discipline:

3.1. Civil Law Council:

a) The disciplinary board meets when there are up to 3 members who have become involved, including the President of the Council and the Secretary of the Council. The Council of Disciplinary Petition applies the form of discipline through closed ballot;

b) The disciplinary meeting of the Council of the Council must be established to compile the opinions of the members of the committee members and the results of the vote to vote in the form of disciplinary legislation applicable to the public that acts in violation of the law.

3.2 Disciplinary Council:

a) The disciplinary board only meets when there are enough members to attend. The Council of Disciplinary Petition applies the form of discipline through closed ballot;

b) The disciplinary meeting of the Council of the Council must be established to compile the opinions of the members of the committee members and the results of the vote to vote in the form of disciplinary legislation applicable to the officer who acts in violation of the law.

4. The Council works in accordance with the collective principle, voting in a majority. The disciplinary board dissolved itself after the completion of the mission.

What? 10. Part of the disciplinary board

1. Public disciplinary council:

1.1. For the civil office not to hold leadership, management has a violation of the law, the disciplinary board has five members, including:

a) Chairman of the Council is a Deputy Inspector General of Government;

b) A councillor is representative of the Executive Committee of the Government Inspectra Authority;

c) A Council Commissioner is the leader representative of the civil service unit whose public is under review of disciplinary action;

d) A Council Commissioner is the person who directly manages the administration and the expertise, the civil service ' s business is considered disciplinary treatment;

e) A commissioner and secretary of the Council is a staff member of the organization, cadres of the Organization of Staff.

1.2. For the public to hold leadership, management has a violation of the law, the disciplinary board has five members, including:

a) Chairman of the Council is a Deputy Inspector General of Government;

b) A Council Commissioner is the leader representative of the civil service unit whose public is under review of disciplinary action;

c) A Council Commissioner is representative of the Government Committee of Government Inspects;

d) A Council Commissioner is representative of the Executive Committee of the Government Inspecship Authority;

e) A commissioner and secretary of the Council is a staff member of the organization, cadres of the Organisation of Staff.

2. The disciplinary panel of the law officials:

2.1. For the official who does not hold a management position with a violation of the law, the disciplinary board has five members, including:

a) Chairman of the Council is the head or deputy of the head of the career unit;

b) A councillor is representative of the commission of the career unit;

c) A Council commissioner is representative of the delegation of the union of the career unit;

d) A Council commissioner is a representative of the officer unit whose office is considered to be disciplined, the Commissioner of the Council is chosen by the head of the unit to choose and send;

e) A Commissioner and Council Secretary is a staff member of the organizational organization of the career unit.

2.2. For the executive officer who has a violation of the law, the disciplinary board has five members, including:

a) Chairman of the Council is the head or deputy of the head of the career unit;

b) A Council commissioner is a staff member of the organizational work, cadres of the Organisation of Staff Officer;

c) A councillor is representative of the commission of the career unit;

d) A councillor is representative of the delegation of the union of the career unit;

e) A Commissioner and Council Secretary is a staff member of the organizational organization of the career unit.

3. Not to have a family relationship like a father, mother, child legally admitted; wife, husband; brother, sister; sister, sister-in-law; brother, brother-in-law, brother-in-law, brother-in-law, brother-in-law, brother-in-law, brother-in-law, or who is involved in violation of civil law, the officer is considered for disciplinary action. The Council of Law.

What? 11. Presentation, procedure review procedure

1. The organization of public opinion meetings, officials have a violation of the law.

-The organization of the test meeting for the public has a violation of the law implemented under the regulation at Article 16, the digital decree. 34 /2011/NĐ-CP of the Government.

-The organization of the test meeting for the official has a violation of the law conducted under the regulation at Article 15, the digital decree. 27 /2012/NĐ-CP of the Government.

2. Assembly disciplinary panel review, disciplinary action.

-Organization of the Council of the Council for the public execution under regulation at Article 19, Protocol No. 34 /2011/NĐ-CP.

-Organization of disciplinary assembly meeting with the official implementation in accordance with Article 18, Protocol No. 18 27 /2012/NĐ-CP.

3. Decision to process discipline

3.1. Discipline decision-making:

a) During the 5-day period of work, since the end of the meeting, the Council of Law must have written (accompanied by written, relevant documents, documents) to report the General Inspector General (for the civil war discipline) and the Prime Minister of the Career (for the first time). discipline of officials).

b) In the 15-day period of work, since the date of receiving the petition text of the Council of Discipline in the case of the establishment of the disciplinary board or the editorial meeting in the case of not establishing a disciplinary council, the Inspector General of Government issued a decision to discipline or conclude civil rights not to violate the law.

c) During the 5-day period of work, since the date of receiving the petition text of the Council of Discipline, the Head of the Career Unit decides to discipline or conclude that the officer does not violate the law and is responsible for his decision.

3.2. The disciplinary decision must specify the timing of the enforced effect.

3.3. In the 12-month period from the date of the rule of law to effect, if the public, the officer does not continue to have infringed on the degree of discipline, decides the discipline to end the force without having to have the text of the termination of the force.

3.4 Documents relating to disciplinary action and discipline decisions must be kept in public records, officials. The form of discipline must be noted in the background of the public, the official.

What? 12.

The official, the officer who was given a disciplinary trial with the right to complain to the disciplinary decision by the law of the complaint.

Chapter 4.

THE ORGANIZATION.

What? 13.

1. This statute replaces the Statate of the review, which handles discipline to the public office of the Government Inspecship Authority issued by Decision No. 2767 /2011/QĐ-TTCP October 12, 2011 of the Inspector General of the Government and other regulations on consideration, handling the discipline of civil civil officers, officials of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the Government of the United States.

2. Other content that is involved in the handling of public discipline, the official and the compensation, the return to the officer who is not stated at the Statutor is applicable under the laws of law.

3. Process rules for contract labour cases (contract labour under the Numerical Decree). 68 /2000/ND-CP; According to the employment of the Department of Labor, the law enforcement documents and other regulations are relevant.

4. The chief of affairs, bureau, unit of the Government Inspecship Office is responsible for carrying out this Regulation. In the course of execution, if there are any unsuitable points, the need for revision, the addition, the cases, the bureau, the unit reflects on the Organization of Staff to sum up, report the Government Inspector General to review, the ./.

Inspector General

(signed)

Phong Feng