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THE GOVERNMENT.
Number: 27 /2012/NĐ-CP
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 6, 2012
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DECREE
Regulation of disciplinary action and compensation, the return of the officer.
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Government Law Base December 25, 2001;
The Law Base, 15 November 2010;
On the recommendation of the Minister of the Interior;
The government issued a decree stipulated on the handling of the officer's discipline and the responsibility of reparation, the return of the officer,
COMMON RULES
This decree provides for the statute of limitations, the statute of discipline; the application of discipline; authority, sequence, discipline, and compensation, the return of the officer.
1. This decree applies to the officer working in the established public career units at paragraph 1, paragraph 2 Article 9 Official.
2. This decree does not apply to the following objects:
a) The holder of the leadership, the management at the established public career unit is regulated as public by the digital decree. 06 /2010/NĐ-CP January 25, 2010 by the Government of the Government of the Regulation of persons is civil;
b) The people who work under the regulatory contract at the Digital Protocol 68 /2000/ND-CP November 17, 2000, the Government of the Government of the Government of the Republic, the Career Unit and the employment contract at the public career unit.
PROCESSING OFFICER DISCIPLINE
Item 1
DISCIPLINE AND DISCIPLINE HANDLING CASES
What? 3. Rules of discipline processing
1. objectively, fair, very serious, legally.
2. Each law violation is only dealt with a form of discipline. If the officer has many violations of the law or continues to have a violation of the law during the time of the law enforcement decision, he is disciplined for each act of violation of law, and is more than one degree of discipline. The discipline applies to the worst violations, except for the case of breach of disciplinary action.
3. The recovery, repair, and remediation of the outcome of the officer whose behavior violates the law as the consideration factor increased or mitigated when applying form of discipline.
4. Time has not yet considered disciplinary treatment for officials in the prescribed cases at Article 5 This decree does not count on the statute of discipline.
5. Do not apply the form of administrative punishment in place of disciplinary form.
6. Prohibition of all breaches of the body, honor, dignity of the officer during disciplinary processing.
What? 4. disciplinary treatment cases
The official was disciplined when there was a violation of the law in the following cases:
1. Violation of the execution of the duty of the officer and the officials who are not regulated at the Office of the Law;
2. Violation of other obligations committed in the working contract that has signed up with the public career unit;
3. Violation of the law sentenced by the Court by sentence of law to law;
4. Violation of the regulation of the law on the chamber, against corruption; practice of saving, anti-waste; gender equality; prevention, social crimes, and other provisions of law related to the official but not to the extent of being prosecuted criminal liability.
What? 5. The cases have not yet considered disciplinary treatment
The agency, the organization, has the authority not yet to consider the disciplinary action for the officer to have a violation of the law in the following cases:
1. Is on a yearly vacation, taking a break from the regime, taking a private job at the head of the public career unit for permission;
2. Being in the time of treatment, the confirmed treatment of the medical authority has jurisdiction;
3. The female officer is in pregnancy, maternity leave, is raising her children under 12 months old;
4. Under arrest, detention pending the conclusion of the agency with the authority to investigate, prosecute, trial on violations of the law.
What? 6. The cases are exempt from law discipline
The officer is exempt from law discipline in the following cases:
1. The authorities have the authority to confirm the loss of the civilian behavior in violation of the law;
2. Being granted the authority to confirm the conduct of a violation of the law in an unresistant situation when carrying out the job, the task.
Item 2
A STATUTE OF LIMITATIONS.
What? 7. The disciplinary processing time
1. The disciplinary treatment period is 24 months, since the time of the office has been in violation of the law until the time the head of the public career unit has the authority to inform the written notice of discipline.
2. Upon the discovery of a violation of the officer's law, the head of the public career unit has the authority to process the discipline of regulation at Article 14 of this Decree to issue a written notice of the review of disciplinary action. It is reported that the time of the official has a violation of the law, the time of the execution of the officer with a violation of the law and the statute of limitations.
What? 8. The disciplinary processing time
1. The deadline for a maximum discipline of discipline is 2 months, since the date of the office of the official has a violation of the law until the day the head of the civil union unit has the authority to decide the discipline of discipline.
2. The case of the incident involving multiple people, having a funeral, the means of which to monitor or other complex conditions required time to inspect, check to clarify, the head of the public career unit has the authority to dispose of the discipline. decided to extend the disciplinary treatment deadline, but no more than 4 months.
Section 3
APPLY DISCIPLINE FORM
1. The officer does not hold a management position if there is a violation of the law, depending on the extent of the breach applied to one of the following disciplinary forms:
a)
b) Police;
c) forcing it.
2. Manager if there is a violation of the law, depending on the extent of the breach applied to one of the following forms of discipline:
a)
b) Police;
c) How to function;
d) forced to stop.
The form of discipline is applied to the officer with one of the following violations of the law:
1. Violation of regulations, endocs, the working statute of the public career unit that has been questioned by the authority in writing;
2. Without compliance with the process, professional regulation, career, occupational ethics and the rule of conduct while performing career activities, has been given a written reminder by the authority;
3. Do not accept the public assignment of the competent or non-working person, the task is committed in the contract to work without the correct reason;
4. There is a bossy attitude, power door or difficulty, annoying to the people in the process of carrying out the work or mission being delivered;
5. Cause the loss of solidarity in the unit;
6. Self-conscious, the total number from 03 to under 5 working days for a month is calculated in the calendar month or from 03 to under 5 consecutive working days, without the correct reason;
7. Use the property of the public career unit and of the people of the contrary to the rule of law.
8. Violation of the regulation of the law on the chamber, anti-corruption; practice of saving, anti-waste; discipline of labor; gender equality; chamber, anti-social and other provisions of law relating to officials.
The form of warning discipline applicable to the official has one of the following violations of the law:
1. Do not comply with the process, process of expertise, career, career ethics and the rule of conduct while performing career activities that cause serious consequences;
2. Not to accept the assignment of a competent or non-working person ' s work, the task is committed in the contract to work without a legitimate reason, causing an impact on the common work of the unit;
3. Using a non-legal paper to be involved in training, fostering; being expected or tried to change career titles;
4. Self-conscious, the total number from 05 to under 07 working for a month is calculated in the calendar month or from 05 to under 7 consecutive working days, without the correct reason;
5. National discrimination, social composition, religion, religion in all forms;
6. Taking advantage of career practices to propagate against the presiding over the road, the policy of the Party, the law of the State or to harm the tame, the customs, the cultural life, the spirit of the people and society;
7. Offend the honor, dignity, prestige of others while performing a career operation;
8. Use of drug-related drug authorities inform the public career unit where the officer is working;
9. The management officer does not perform the right management responsibility, for the officer to the administration, in charge of the violation of the law that causes serious consequences while performing career activities;
10. Being fined for suspended sentences or reclamation of non-detention against the officer does not hold the office of management, except for the specified case at 1 Article 13 This decree;
11. Violation at the seriousness of the rule of law on the chamber, against corruption; performing savings, anti-waste; labor discipline; gender equality; prevention, anti-social and other regulations of law related to the official but have been committed. It ' s an emergency in the process of reviewing discipline.
The form of disciplinary action applied to the administration official has one of the following violations of the following law:
1. Do not complete the management task, run according to the assignment without the correct reason, to severe consequences;
2. Use of unlawfully documents for appointment of office;
3. Being fined for suspended sentences or renovation of non-detention;
4. Violation at the seriousness of the rule of law on the chamber, anti-corruption; practice of saving, anti-waste; gender equality; prevention, anti-social and other regulations of law relating to officials.
The form of discipline is forced to leave the application for the official to have one of the following violations of the law:
1. Being fined without a suspended sentence or sentence of conviction for corruption;
2. Do not comply with the process, process of expertise, career, career ethics and the rule of conduct while performing career activities that cause serious special consequences;
3. Use of unlawable paperwork to be recruited into the public career unit;
4. Drug authorities confirmed by authorities;
5. Self-conscious, total numbers from the 07 day working days or more for a month or 20 days of work back up in a year without the main reason being charged in the calendar month; calendar year;
6. Violation at a particularly severe degree of regulation of the law on the chamber, anti-corruption, but not to the extent of being prosecuted criminal responsibility; the regulation of law on saving practices, anti-waste; labor discipline; prevention, social and social distress. The other rules of the law are related to the official.
Section 4
AUTHORITY TO PROCESS DISCIPLINE, SEQUENCE, PROCEDURE REVIEW PROCEDURE
What? 14. Judge handling discipline
1. For the management official, the head of the agency, the organization, the competent unit to appoint a disciplinary action and decide the form of discipline.
2. For the official who does not hold the post of management, the head of the career unit ' s public career unit conducts disciplinary action and decides the form of discipline.
3. For the dissenor, the head of the agency, the organization, the unit where the officer is sent to the monsignor to conduct disciplinary action review, offer the form of discipline and send disciplinary action records of the career unit public candidate to go out. decision to discipline under jurisdiction.
4. For the official who moved the newly discovered business to conduct a violation of the law, but also in the prescribed period, the head of the career unit ' s public office unit who had previously conducted disciplinary action, decided to form discipline and send the records. Sister, the agency, the agency, the unit is running the officer. If the previous public career unit has dissolved, merged, merge, split, those responsible for the right to hand over the profile to the public career unit are managing the officer to perform disciplinary action.
What? 15. The organization of the organization's auditor has a violation of the law.
1. The head of the career unit of the public office was responsible for holding the meeting so that the officer had a violation of self-control laws and received disciplinary action, except for the case of the trial of the Court sentenced to imprisonment without a suspended sentence or suspension. Condemned by the Court of Corruption. The organization of the checkup meeting is conducted as follows:
a) The case of a career-management career management career, which organizes a test meeting with the expected component of the entire unit of the constituent unit that the officer is working on. The editorial meeting in the constituent unit is sent to the head of the career unit of public officials. The test meeting of the career unit's public management career unit that acts in violation of the law organized with the project component is the representative leader of the government, the commission and the union of the unit;
b) The case of a career management career management career management does not have a constituent unit, the component of the breach of the breach officer is the entire unit of the unit.
2. For the management officer who has a violation of the law, the head of the agency, the organization, the competent unit appointed the responsible officer to hold a checkup meeting and decide on the part of the meeting.
3. The officer with a violation of the law must make self-checking and self-recognition discipline. The law enforcement officer has a violation of the law that does not make the test, and the check-in-office meeting is still under way.
4. The content of the checklist meetings has a violation of the law stipulated at this must be established as a border. The editorial board of meetings must have a petition to adopt a disciplined form for the officer with a violation of the law. For the 3-day period of work, since the end of the examination meeting, the editorial meeting is sent to the Chair of the disciplinary board to hold a review of the statutory discipline under the decree.
1. The person with authority to process the rule of regulation at Article 14 of this decree decided to set up a disciplinary board to advise on the application of disciplinary form to the officer whose behavior violates the law, except for the case of the court sentenced to a prison sentence. is not entitled to hang or be convicted by the Court of corruption.
2. The working principle of the Council of discipline:
a) The disciplinary board only meets when there are enough members to attend;
b) The petition disciplinary board applies the form of discipline through closed ballot;
c) The disciplinary board meeting must have a written statement of the opinion members of the board members and the results of voting for the disciplinary form applicable to the officer whose behavior violates the law.
3. The disciplinary council itself dissolved after the completion of the mission.
What? 17. Part of the disciplinary board
1. For the official who does not hold the office of conduct violation of the law violation:
a) The case of a career-management career unit of public office without a constituent unit, the Council of Disciplinary Discipline has 3 members, including:
The Chairman of the Council is the head or deputy of the head of the career unit of public office management;
A Council commissioner is representative of the union Executive Committee of the public career unit management of the officer;
A Commissioner and Secretary of the Council is representative of the organizational business of the career unit of the public office.
b) The case of a successful career management career management unit has a constituent unit, the five-member Law Council has five members, including:
The Chairman of the Council is the head or deputy of the head of the career unit of public office management;
A Council commissioner is the deputy commissioner of the career unit of the public office of officials;
A Council commissioner is representative of the union Executive Committee of the public career unit management of the officer;
A Council commissioner is a representative of the officer whose office is considered to be disciplined, the Commissioner of the Council is chosen by the head of the unit of the constituent unit.
A Commissioner and Secretary of the Council is representative of the organizational business of the career unit of the public office.
2. For the management officer who has a violation of the law, the disciplinary board has five members, including:
a) The Chair of the Council is the head or deputy of the head of the agency, the organization, the unit with the authority to appoint the officer;
b) A Council commissioner is the head or deputy of the head of the head of the public career management career unit;
c) A Council commissioner is a committee representative of the public career unit that manages the officer or unit assigned to the management of the officer;
d) A Council commissioner is representative of the union Executive Committee of the official or unit management unit assigned to the management of the officer;
A commissioner and secretary of the council is a representative of the department's organizational staff, the organization, and the authority to process the discipline of the officer.
3. Not to have a family relationship like a father, mother, child is legally recognized by law and wife, husband, brother, sister, sister-in-law, brides (bridegroom) or who is involved in violation of the law of the officer who is considered disciplined for the disciplinary membership. the law.
What? 18. Organisitor General Meeting
1. Prepare to meet:
a) A delay of 3 days prior to the meeting of the disciplinary board, the convening of a summons must be sent to the official with a violation of the law. The officer with a violation of the absence of the law must have a good reason. The official case had a legal breach in abscont after the death of a summons, the third time after sending a summons, if the officer was still absent, the disciplinary board still met and petit the form of discipline;
b) The disciplinary board may invite the representative of the political organization, the political organization-the society of the unit to have a breach of the bill of the session. The invited to the meeting had the right to give opinions and propose a form of discipline but not to vote on the form of discipline;
c) Commissioner and Secretary of the disciplinary committee tasked with preparing documents, records related to disciplinary treatment, write the meeting of the Council of the disciplinary board;
d) A disciplinary trial of the disciplinary assembly of the Council of the Disciplinary Assembly consists of: self-examination, the preliminary profile of the officer's background has a violation of the law, the receipt of the appointment of the officer and other documents involved.
2. Meeting sequence:
a) The Chair of the Council of the discipline declares the reason, introducing the participants;
b) Commissioner and Secretary of the disciplinary panel read the arguments of the officer ' s background as a violation of the law and other documents that are relevant;
c) The officer has a violation of a self-controlled reading law, if the officer has a violation of the absence of the law, then the Secretary of the Council reads, if the officer has a violation of the law, does not self-control, then the disciplinary board will proceed. the rest of the order of the meeting specified in this paragraph;
d) Commissioner and Secretary of the disciplinary board read the editorial meeting;
The members of the disciplinary board and the participants of the conference deliberation and speech speech;
e) The officer has a violation of the opinion speech law; if the official has a violation of the law without a comment or absentee, the Council of Disciplinary action conducts the remaining order of the meeting stipulated at this paragraph;
g) the ballot disciplinary assembly closed the petition to apply the form of discipline;
h) Chairman of the disciplinary board announced the results of the closed ballot and through the meeting the meeting;
i) Chairman of the disciplinary board and commissioner and secretary of the disciplinary board are in charge of signing the transcript of the meeting.
3. The case with 2 officials who came up in the same unit was in violation of the law, and the disciplinary committee meets to conduct a disciplinary trial for each officer.
What? 19. Code disciplinary decision
1. Predecision to discipline:
a) During the 5-day period of work, since the end of the meeting, the Council of Disciplinary Council must have the petition to process the discipline of written discipline (with the receipt of the disciplinary board meeting and disciplinary action filing) sending the competent authority to process the statute discipline at Article 14. of this decree;
b) During the 5-day period of work, since the date of receiving the petition text of the Council of Discipline, the person with authority to process the discipline of disciplinary decision or conclusion of the officer does not violate the law and is responsible for his decision;
c) The case of violation of the officer with complex circumstances, the person with the authority to process the discipline of the decision to extend the discipline of discipline under the provisions of Article 8 of this decree and is responsible for its decision;
d) The case of officials with a violation of the law was sentenced to prison sentences without a sentence suspended or convicted by the Court of corruption, for a 15-day period of work, since the date of the decision, the verdict of the Court ' s legal effect. You have the authority to take disciplinary action to determine the discipline of the law.
2. The disciplinary decision must clear the timing of the enforced effect.
3. After 12 months, since the date of the law discipline is in effect, if the officer does not continue to have a violation of the law to the point that the discipline should be dealt with, then, of course, the effect of the disciplinary decision is terminated.
The law enforcement case continues to have a violation of the law during the time of a disciplinary action, and the decision to discipline the law has ended in effect since the time of the law's decision to act in violation of the new law.
4. The documents related to disciplinary treatment and disciplinary decision must be kept in the post of officeholder records. The form of discipline must be noted for the appointment of the officer.
The officer was given a disciplinary trial with the right to complain to the disciplinary decision by the law of the complaint.
Section 5
RELATED REGULATIONS
What? 21. The relevant regulations when considering disciplinary processing
1. The case of an officer who is in the rehabilitation of a pension that was found to have a violation of the law during the time of the operation, the public career unit halted the resolution of the retirement of retirement until the time of the decision. The law or the conclusion of the officer does not violate the law of the competent authorities.
2. The disciplinary case of the disciplinary council has had the petition text on the handling of discipline but has not yet to decide the discipline but to discover more of the details concerning the disciplinary breach or the discovery of the officer who is considered to be treated with a disciplinary action. The Council of disciplinary action is considering repetition of discipline.
What? 22. The regulations concerning the enforcement of the disciplinary decision
1. Officer sentenced to disciplinary action:
a) The officer who was sentenced to discipline was forced to stop the regime, but was confirmed by the social insurance agency to confirm the social insurance policy to carry out the social insurance policy under the law.
b) The established public career unit has the jurisdiction of the administrator to hold disciplinary records to be forced to provide a responsibility for providing a copy of the calendar record and to comment on the process of the work process (confirmed) when the officer is treated with a required discipline.
2. The decision to process the discipline to the officer has been committed, held, the unit with jurisdiction or the Court of conclusion is wrongly accused, wrongly, the delay is 10 days of work since the conclusion of the agency ' s conclusion, the organization, the competent unit or from the decision date. The Court is in effect, the head of the career unit, the public office, is responsible for public publication at the unit where the officer is working.
3. The officer who is disciplined by the form of form, forced to quit, is then given authority, the organization, the competent unit or the Court of conclusion is false, the false position that the former business position has replaced, the head of the public career unit. has the authority to take responsibility for the position of the operation, the right management position.
4. The agency, the organization, the unit with the authority to resolve the complaint, denouncing the conviction for disciplinary action of the officer to proceed unlawfully on the application of the form of discipline, sequence, procedure and authority to process discipline, the competent authorities have signed. The decision to be disciplined must be decided to cancel the decision to process discipline; at the same time the civil union has jurisdiction to proceed with the discipline of law to proceed to consider the statutory discipline to be held in accordance with this decree.
What? 23. The regime, policy towards the officer is in the interim, detention and temporary suspension of the work.
1. During the detention, detention to serve for investigative work, prosecution, trial, or parole only work to review disciplinary treatment, the officer is entitled to 50% of the level of the benefit, plus the post-office subrank, the deficit in excess of the frame, women. It's a professional level.
2. The school of officials who have not been disciplined or concluded are false, wrong is to be given the remaining 50% of the wage level, plus the rank of office, the annuation, the annuation of the profession during the temporary suspension of the business. Or be suspended, detention.
3. The case of a disciplined trial or defendant is guilty of being guilty of not being subject to the remaining 50% of the extent of the wage, plus the rank of office, the seniority, the intensive care of the government during the temporary suspension of the work. Or be suspended, detention.
ACCOUNTABILITY, REIMBURSABLE
Item 1
THE PRINCIPLE OF RESPONSIBILITY FOR COMPENSATION, REIMBURSABLE
What? 24. Compensation Accountability Cases, reimbursable
1. The officer who lost, damaged equipment, equipment, or other acts that harm the property of the public career unit, has to be obliged to make compensation obligations under the decree.
2. The officer when performing a job or mission is assigned guilty of causing damage to others, the public career unit must pay damages due to the regulatory authority 's regulatory authority' s regulations on the responsibility of civil rights. I mean, I mean, usually the damage The official has the blame for the damage to others whose public career units have compensated for a return obligation to the established public career unit at this decree.
What? 25. The principle of processing compensation, reimbursable
1. Must be based on the error, the nature of the damage behavior, the extent of actual property damage to determine the extent and method of damages, reimbursants for the unit, objective assurance, fair and public.
2. The officer responsible for the damage was in charge of compensation, reimbursable by the decision of the head of a public career unit or jurisdiction. If the officer is unable to compensate for one occasion, minus 20% (twenty per cent) of the monthly salary until compensation is sufficient under the authority of the competent person.
3. The school of officials causing damage to work, retirement or quitting, must complete the compensation, reimbursable before transfer, retire or leave; if not enough compensation, reimbursable, the public career unit. The officer is responsible for coordinating with the agency, the organization, the new unit, or local government where the residence continues to collect the compensation, reimbursable until it is obtained by a competent person's decision.
If the career unit's public office unit causes the damage to be dissolved, the merger, the agency, the organization, the unit inherited unit dissolved, the merger is responsible for continuing to collect compensation, reimbursable until the income is sufficient in the person's decision. The authority.
The official case that caused the damage was sentenced to death without a suspended sentence, the law enforcement agency was responsible for collecting compensation, reimbursable by the decision of the sentence, the Court's decision to take effect.
4. The case with up to 2 officials has gone up to the same loss, damage or damage to the property of the public career unit or causing damage to others that the public career unit has to compensate, and those officials have to be interconnected. responsibility for compensation, return on the basis of the extent of the actual property damages and the degree of error of each person.
5. The property is lost, damaged, damaged by intentional failure of the officer, restitution of the damage value. If the property is lost, damaged, the damage caused by an inadvertine error is based on each specific case the head of a career unit determines the level and method of compensation, reimbursable.
6. The case of the officer immediately after causing the damage to the voluntary voluntary, reimbursable return and the head of the established public career unit with written consent of the degree, method and duration of compensation, reimbursable is not valid. having to set up the Compensation Accountability Council under the provisions at Article 27 or the Board of Responsable reimbursable responsibility at Article 32 of this decree.
7. The damage case occurs due to the unimpede cause the officer involved is not liable for compensation, reimbursable.
Item 2
SEQUENCE, REVIEW PROCEDURE REVIEW PROCEDURE
What? 26. Define the damaged property value
1. When an officer is found to have a deformed behavior, equipment damage, equipment, or other behavior causing the property damage of the public career unit, the career unit of the public office has to organize verification, preliminary assessment and border assessment. About the content of the incident to be a review, handling compensation for the officer.
2. The value of the damaged property is determined on the basis of the actual value of the property (market price at the time of the damage, loss, damage), except for the remaining value of the property (if any) at the time of the damage, loss, damage.
3. The career unit's public office unit requires the officer to cause damage to write a report on the incident, to propose a settlement; at the same time, prepare to establish the Compensation Accountability Council under the stipulation at Article 27 of this decree.
What? 27. The jury handles compensation.
1. The head of the career unit's public office has to set up the Compensation Accountability Council for review of the compensation settlement over the 15-day period of work, since the date of the official discovery of the unit's property.
2. Component of the Compensation Accountability Council of 05 members, including:
a) The head or deputy of the head of the public career unit as Chairman of the Council;
b) A councillor is representative of the union of the union of the public career unit;
c) A Council commissioner is the person who directly manages the administration and expertise, the officer ' s career must be compensated;
d) A Council commissioner is an expert in the field that is involved in determining the extent of the damage done by the public career unit;
A commissioner and secretary of the council is to represent the financial department-the accountant of the public career unit.
3. The case of the management officer causing the damage, the head of the agency, the organization, the subordinate unit directly decides to establish the Compensation Accountability Council in accordance with Article 1 Article. The Chairman of the Council is the head or deputy of the head of the agency, the organization, the direct-level unit of the officer causing the damage.
4. Not being able to have a family relationship like a father, mother, child legally recognized by law and wife, husband, brother, sister, daughter-in-law (bridegroom) or person involved in the officer who caused the damage to the Council for the Compensation Accountability Council.
What? 28. The mission and the operational principle of the Compensation Accountability Council
1. The Board of Compensation Disposal has tasks:
a) Review, assessment of the properties of the damaging behavior; the extent of the damage;
b) Identilocate the responsibility of the officer causing the damage and the officer involved;
c) The petition with the head of the public or public career unit has jurisdiction over the degree and method of compensation;
d) The case of the Council to detect the conduct of the officer causing the damage to matter to a criminal, the Council of petitions with the authority of the authority to transfer the case to the authorities to handle the provisions of the law.
2. The compensation treatment board operates in accordance with the principles:
a) The council shall meet with the three members of the 3 members of the council, including the President of the Council, and the Secretary of the Council.
b) In the process of deliberation and decision, the Council members must be fair, objective, democratic and follow the rules of the law;
c) The Council ' s petition for the degree and method of compensation is made in the form of closed ballot in principle of majority;
d) The meeting of the Council must have a written record of the opinions of the expected members and the results of the voting vote and the compensation method;
The meetings of the Council must have the involvement of the official. The official case caused the damage to be lost after 2 times the Council convened without a legitimate cause until the third time, after the Council's convening, if the officer continued to be absent, the Council still met and the officer caused the damage to the body. The damage determines the damage.
3. The Council itself dissolved after the completion of the mission.
1. When review, the compensation of the compensation must be based on the case of the compensation responsibility case of the incident, including:
a) The text of the incident (or the conclusion text of the competent organ);
b) The officials ' report caused the damage and the officer involved;
c) Economic-technical record (if any) of the equipment, equipment or property lost, damaged or damaged;
d) The preliminary assessment of the value of the property was damaged by regulation at 1 Article 26 This decree;
Other texts are related (if any).
2. Compensation Disposal Records must be sent to the Compensation Accountability Council members before meeting the 05-day Council working to study.
What? 30. Conquest of the Council for the Compensation Accountability Council
1. The Board of Compensation for the Compensation Review review of the compensation for the following sequence:
a) Chairman of the Council of Public Participation;
b) Commissioner and Secretary of the Council report on the damage to the officer and the extent of damages;
c) The council hears the work of the officer in compensation, and hears the opinions of the members of the council;
d) The council discussed and abstained on the level and method of compensation;
The Chairman of the Council announced the ballot and passed the meeting;
e) Chairman of the Council and Commissioner and Secretary of the Council sign the meeting.
2. During the 5-day period of work, since the Day of the Compensation Accountability Council votes through the level and the compensation method; the President of the Council must set up a meeting and send to the head of the public or public career unit. It's a decision.
3. The case does not agree with damages to damages issued by the Compensation Disposal Council, which the officer causes the damage and the officer involved may ask the Board to handle the restitution of the expert lease, the organization said. Appraisal. The cost of hiring professionals, the organization of the appraisal, is required to pay.
Section 3
SEQUENCE, PROCESS PROCEDURE PROCEDURE
What? 31. Define the reimbursable responsibility
1. When the officer has the damage to the other person while performing the job or assignment of the assignment that the public career unit has compensated then the head of the public career unit ' s public career management unit requires the officer to do the damage. You know, you know, you know, you know, you know, you know, you know,
2. The return responsibility of the officer is determined on the basis of the amount of money that the public career unit has compensated for the person with the damage caused by the officer during the execution of the work or duty assigned under the rule of law.
1. The head of the career unit of the public office has to set up the reimbursable accountability Council to review the reimbursable work of the 15-day period of work, since the day of the public career unit completed the payment of the compensation. Usually.
2. Component of the reimbursable responsibility Council:
a) The head or deputy of the head of the public career unit as Chairman of the Council;
b) A councillor is representative of the union of the union of the public career unit;
c) A Commissioner and Council Secretary is representative of the financial department-accounting of the public career unit.
3. The case of the management officer causing the damage, the head of the agency, the organization, the subordinate unit directly decides to form the Compensation Accountability Council, which is reimbursable under the provisions of this one Article. The Chairman of the Council is the head or deputy of the head of the agency, the organization, the direct-level unit of the officer causing the damage.
4. Not being able to have a family relationship like a father, mother, child legally admitted and his wife, husband, brother, sister, daughter-in-law (son-in-law), or a person involved in the officer who caused the damage to the Board of Respondes.
What? 33. The mission and the operational principle of the Reimbursable Accountability Council
1. The reimbursable responsibility board has the tasks:
a) Review, assessment of the properties of the damaging behavior; the extent of the damage;
b) Define the responsibility of the officer causing damage;
c) The petition with the head of the public or public career unit has the authority on the level and the return method.
2. The reimbursable responsibility board operates in accordance with the principles:
a) the council shall meet in full of all the members of the council;
b) In the process of deliberation and decision, the Council members must be fair, objective, democratic and follow in accordance with the provisions of the law;
c) The Council ' s petition on the level and the return method is made by a closed ballot form and by the principle of majority;
d) The meeting of the Council must have a written record of the opinions of the expected members and the results of the vote petition and the return method;
The meetings of the Council must have the involvement of the official. The official case caused the damage to be lost after 2 times the Council convened without a legitimate cause until the third time, after the Council's convening, if the officer continued to be absent, the Council still met and the officer caused the damage to the body. Decision-making.
3. The council handles the self-dissolution reimbursable responsibility after the completion of the mission.
1. When review, handle the reimbursable responsibility of the officer to the base in the return disposal file, including:
a) Text on the incident or the conclusion text of the competent organ;
b) The walls of the officer cause damage;
c) Text, paper that confirms the amount of public career unit that has been compensated;
d) Other texts are relevant (if any).
2. The reimbursable responsibility profile must be sent to the Reimbursable Board Members for reimbursable responsibility before meeting the 05-day Council working to study.
What? 35. Order of the Board to handle reimbursable responsibility
1. The responsibility for the completion of the review review review review the return responsibility for the following sequence:
a) Chairman of the Council of Public Participation;
b) Commissioner and Secretary of the Council report on the damages of the officer, the amount of career units has been compensated and the level of reimbursable;
c) The council heard the interpretation of the ministry and heard the opinions of the members of the Council;
d) The council discussed and voted closed on the level and method of reimbursable;
The Chairman of the Council announced the ballot and passed the meeting;
e) Chairman of the Council and Commissioner and Secretary of the Council sign the meeting.
2. During the 5-day period of work, since the Day of the Board of Responde reimbursable votes and the reimbursable method, the Chairman of the Council must set up a meeting and send to the head of the public or public career unit. It's a decision.
Section 4
MAKE THE DECISION TO COMPENSATE, REIMBURSABLE
What? 36. Compensation Decision, reimbursable
1. The petition base of the Council handles the compensation, reimbursable, for a 10-day period of work, since the date of receiving the petition, the head of the public career unit or head of the agency, the organization, the subordinate unit directly to the decision. Ask the officer for damages or returns; in the decision must specify the extent, method and duration of compensation, reimbursable.
2. If the opinion of the head of the public career unit or the head of the agency, the organization, the subordinate unit on the other directly with the petition of the Council to handle the compensation, reimbursable then the head of the public career unit or stand-up. The agency, the organization, the subordinate unit directly decides and is accountable to the law of that decision.
What? 37. Thu, file, manage and use money, property compensation, reimbursable
1. The officer causes damage and the functional parts of the public career unit whose assets have been damaged to perform on time, levels and methods of compensation, reimbursable in the decision to pay damages or decide reimbursable.
2. The public career unit must collect and submit to the account of the unit at the Treasury Money State Treasury damages or reimbursable by the rule of law.
3. The amount of money or property compensation, the return of the officer to the public career unit must be monitored, managed, and used in accordance with the provisions of the law.
The officer is handled in charge of compensated or reimbursable responsibility for the claim of the compensation decision, the refund of the competent person under the rule of the complaint of the complaint.
What? 39. The officer ' s handling did not fulfill the compensation obligation, reimbursable
The officer did not perform the right deadline, the degree and the compensation method, the refund in the damages decision or reimbursable decision, which was established by the public career unit responsible for announcing the third time on the compensation, reimbursable. Intentionally not fulfilling the reparation obligation, reimbursable is processed by the rule of law.
EXECUTION CLAUSE
1. This decree has been in effect since 25 May 2012.
2. Repeal the rules for disciplinary treatment for the official at the Digital Protocol. 35 /2005/ND-CP March 17, 2005, of the Government on the Handling Of Cadres, civil administration; abolitiing the rules of disciplinary treatment for officials at the Digital Decree. 103 /2007/NĐ-CP June 14, 2007 by the Government the responsibility of the responsibility of the cadre, the public, the officer in the practice of saving, against waste and the digital decree. 107 /2006/NĐ-CP September 22, 2006 The Government regulates the responsibility of the head of the agency, the organization, the unit when to occur corruption within the agency, organizing the unit due to its management, in charge of the regulation at this decree; the abolition of regulations. processing physical responsibility for the specified official at the Digital Decree 118 /2006/NĐ-CP 10 October 2006 of the Government on the handling of physical responsibility for cadres, civil officials.
Ministers, peer-to-peer agencies, government ministers of the Government, Chairman of the Provincial People's Committee, the Central City of the Central Committee and the agencies, the organization, the relevant individual responsible for the implementation of this decree ./.
TM. THE GOVERNMENT. |
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Prime Minister |
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(signed) |
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Dao Dung |
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