The Decision 2767/2011/qd-Ttcp: V/v Issued The Regulations, Disciplinary Review For The Public Servants Of The Government Inspection Agency

Original Language Title: Quyết định 2767/2011/QĐ-TTCP: V/v ban hành Quy chế xem xét, xử lý kỷ luật đối với công chức của cơ quan Thanh tra Chính phủ

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DECISION V/v issued the regulations, disciplinary review for the public servants of the Government inspection agency _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the INSPECTOR GENERAL of GOVERNMENT inspection pursuant to the law on November 15, 2010;
Pursuant to the law officers, on November 13, 2008;
Pursuant to Decree No. 34/2010/ND-CP dated May 17, 2011 of the Government on the disciplined officers, public servants;
Excellent for Decree No. 65/2008/ND-CP on May 20, 2008 of the Government functions, tasks, powers and organizational structure of the Government Inspector;
Proposal of the Director of the Organization Department, the decision: article 1: attached to this decision "considering the regulation, disciplined for public servants of the Government Inspector".
Article 2: this regulation is effective from the day of promulgation.
Heads of service, Department, unit, public servants in the Government inspection agency responsible for implementation of this regulation./.

 



INSPECTOR GENERAL (signed) Peter WONG Feng War REGULATION V/V CONSIDER, DISCIPLINED with REGARD to CIVIL SERVANTS, the GOVERNMENT INSPECTION AGENCY (issued together with decision No 2767/2009/QD-TTCP on December 12, 2011 of the Inspector General of Government) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Chapter i. GENERAL PROVISIONS article 1. Scope.
This regulation regulates the handling of discipline public servants, in violation of the provisions of the law under the administration of the Government Inspector.
Article 2. The case was disciplined.
1. Violation of the regulations on the obligations of officials and servants in articles 8, 9 and 10 of law officials and public servants.
2. Violation of rules on ethics, culture and communication of public servants in article 15, 16 and 17 of law officials and public servants.
3. Violation of the regulations on what public officials are not doing in articles 18, 19 and article 20 of law officials and public servants.
4. Violation of law was the Court declared guilty or be competent authorities concluded in writing about violations of the law.
5. Violate the acts prohibited in article 13 the Ombudsman Law and the prohibited acts have regulations in the law on anti-corruption.
Article 3. The case has not reviewed, discipline.
Not yet reviewed, discipline for public servants in the following circumstances: 1. Are in vacation, vacation time under the break private mode are the heads of service, unit, Department or the Inspector General.
2. being in the duration of treatment in hospital.
3. Are under detention, detention, prosecution, pending the conclusion of the Agency has the authority to investigate and verify for violations of the law.
4. a female employee maternity leave.
Article 4. The case of not being disciplined.
1. Breach of the law in the case lost the capacity for civil acts according to the conclusions of the competent health authorities.
2. To enforce the decision of the upper level as specified in clause 5, article 9 of the law on public officials.
3. unforeseen situation while the duty of public service, and are authorized to confirm.
Article 5. The guidelines consider, handle discipline public servants.
1. Objective, fair, proper, strict time limits, deadlines, competence, processes.
2. disciplinary decisions by the Inspector-General or heads of the business units to be Inspector General of the decentralized management of the sign as prescribed.
3. Each violation only dealt with a form of discipline. The above mentioned public servants had many violations in the same time and the same consideration, disciplined being disciplined about each behavior and take the form of a higher level of discipline than violations dealt with form of discipline.
4. Prohibition of any infringement of the body, the honor, the dignity of public officials in the review process, disciplined; all spaces measures impose a fine instead of a form of discipline.
Article 6. Appeal, petitioner.
1. where public officials don't agree with disciplinary decisions shall have the right to complain to the competent authorities under the provisions of the law.
2. Public officials resigned from Service captains and equivalent back down from being disciplined by dismissal, have the right to litigate the case for administrative disciplinary dismissal; in case of failure to agree with the decision, or have a complaint with the authority to resolve the complaint, but ran out of time limit complaints under the provisions of the law on complaints where the complaint is not resolved or has been resolved, but did not agree with the complaints about the decision , that behavior.
Article 7. Make complaints and the decision of the Court.
1. disciplinary decisions for public servants has been Inspector General or heads of business units concluded or court ruling is wrong, the Vietnamization of 30 days from the date of the decision or conclusion of the Court is in effect, the head of the service, the Bureau of the unit where the work of public servants have a responsibility to publicize the conclusions or ruling on to public servants as a whole and have decided to delete the decision to apply the disciplinary forms wrong earlier oan.
2. in case of public officials being disciplined by the form, then the conclusion is false, then is falsely Inspector General or the head of unit layout consistent work, not necessarily the layout back to the correct location of the old work.
Chapter II.
DISCIPLINED Item 1: TIME, DISCIPLINED TIME LIMIT article 8. Time, duration of disciplined.
1. the disciplinary effect of 24 months, is the period of time required to conduct the review, disciplined and calculated from the time of public servants are violations of the law until the review, disciplined. So this time, there were no violations, disciplinary review.
2. the disciplinary period not exceeding 12 months, the prescribed period is counted from the moment of detecting violations of the law of civil servants until the disciplinary decision of the Inspector-General or heads of business units. The case has complicated details takes time to verify this term more clarification may be extended but must not exceed 12 months.
3. The head of the service, the Bureau of inspection units, the Government used public servants responsible for detection and disciplined conduct public servants violate discipline within the time limits prescribed.
Article 9. The case of temporary suspension of work for public servants during disciplinary consideration.
1. Public servants if continued could cause difficulties for the review process.
2. The custody, detention or the need to suspend the work to serve the work of the investigation, prosecution, trial.
3. Expiry of temporary suspension of the work if public officials being disciplined shall be further deployed to work in the old location or other suitable work arrangement.
Section 2: article 10 DISCIPLINE COUNCIL. Disciplinary Council.
1. The Council of discipline public servants administrative blocks.
Inspector General decided to establish disciplinary Council, to advise the Inspector General in the application of this form of discipline consistent with violation of public servants and disbanded after the completion of the task.
a. Disciplinary Council consists of seven members:-President of the Council is a Deputy Inspector General;
-Vice President of the Council is the Director of the Organization Department;
-A member of the Board is to represent the Party Committee of the Ministry of government inspection agencies;
-A member of the Council is the representative trade union Committee of government inspection agencies;
-A member of the Council is representative of the service, the Bureau, the violators of discipline (the Union), by cadres and civil servants in service, Department, unit that sent out;
-A Councillor is the head of service, Bureau, direct unit of administrative management and professional expertise of the violation;
-A member of the Secretariat and Secretary-General of the Council is in charge of disciplinary work of public servants in the Service personnel.
b. The family relationship as father, mother, wife, husband, son, brother, sister, children of public servants violate the discipline not to be dispatched to join members of the Board of discipline.
c. Disciplinary Council may invite representatives of the social and political organization of the Agency where the offending public servants are involved to attend the meeting, which was taking statements of opinion and proposed level of review, the discipline but not voting rights form of discipline.
d. Disciplinary Council Secretariat has the task of preparing the document, records relating to the disciplined, responsible for recording the minutes of the meeting of the Board of discipline.
2. The Council of discipline public servants career blocks.
Heads of business units decide disciplinary Council, to advise the heads of business units in the form of discipline consistent with violation of the employees and the self dissolved after the completion of the task.
a. Disciplinary Council consists of 5 members:-Chairman of the Board is the Deputy Heads of business units;
-A member of the Council is representative for the Board of Commissioners of branch Spending unit;
-A member of the Board is to represent the employees of the unit (the Union), by the unit's officers collective sent out;
-A Councillor is the head of the room or the equivalent direct administrative and professional expertise of the violation;
-A member of the Secretariat and Secretary-General of the Council is in charge of the unit's officers.
b. The family relationship as father, mother, wife, husband, son, brother, sister, children of employees violating the discipline not to be dispatched to join members of the Board of discipline.
c. Disciplinary Council may invite representatives of political organizations, the society of the unit where the offending officers are involved to attend the meeting are taking statements of opinion and proposed level of review, the discipline but not voting rights form of discipline.
d. Disciplinary Council Secretariat has the task of preparing the document, records relating to the disciplined, responsible for recording the minutes of the meeting of the Board of discipline.
Article 11. The working principles of the disciplinary board.
1. Objective, publicly, democratic and lawful.
2. The Council meeting only when there is a full member.
3. Recommendations applied forms of discipline through voting by secret ballot.
4. The meeting of the disciplinary board must have thereon and the Council through the Chairman before signing.
Item 3: REVIEW PROCESS, DISCIPLINED article 12. Meeting organizations review public servants violate discipline.

1. Heads of service, unit, Bureau is responsible for organizing the meeting unit to public servants violate discipline check out points; the sequence of the content of the meeting is as follows:-led service, Directorate, unit of content infringement notices (concluded inspection, report violation ...);
-Public officials read a review and self himself previous collective discipline form;
-Leader of the service unit of the horizontal profile excerpt of public officials, breach; citing the State's rules on the form of discipline in relation to the content in violation of the public officials;
-Collective public officials in service, Bureau, the unit participated in comments and voting form of discipline (by secret ballot) grant proposals on the review.
If after 2 times of meeting invitations check out points that people violating the discipline still absent or not written a review at the request of the heads of the service, the unit leadership Service Bureau, the Bureau, the meeting still Unit review and recommendation forms of discipline.
The meeting established performance thereon, together with the relevant documents submitted to the disciplinary board (via service personnel).
2. Service Organization Department General profile; Advised the Council of discipline held meeting to review discipline.
The Disciplinary Council records include:-A personal servant score check violation;
-The horizontal profile of the Excerpts public servants violate;
Meeting minutes-review, proposed disciplinary form of service, unit, Bureau;
-The document, records that relate to the disposal of the discipline.
Article 13. Disciplinary Council meeting to consider, disciplined.
1. Prior to the meeting of 7 November, the Council of discipline sent the paper quote convened public officials violate the discipline to attend. If public servants violate discipline absent must have good reason. After twice sending the summons that litigants still absent or not written a review at the request of the heads of the service, the Bureau of the Assembly units, the discipline is still meeting to review and recommendation forms of discipline.
2. The order of the Disciplinary Council meeting:-President of the Council the statement of reasons, the introduction of the participants;
-Secretariat of the Council presented the extract of horizontal profile, resume and related documents;
– Public servants violate the discipline of reading A review, disciplinary forms themselves. The case of public servants violate discipline is absent, then the Secretary of the Council read instead;
-Secretary of the Council read out the minutes of the meeting review the public servants violate the discipline of service, unit, Bureau;
-The members of the Board and the attendees statements of opinion;
– Public servants violate discipline statements of opinion;
-Disciplinary Board to conduct secret ballot petitions applied forms of discipline and voting results are announced on-site at the meeting;
-The Council through the minutes of the meeting and President of the Council to sign the minutes.
Article 14. Disciplinary decisions.
1. The time limit and responsibility of decision-making discipline.
-Within 5 working days, since the end of the meeting, the Council of discipline must have text (attached to the minutes, the records, the relevant document) the Inspector General report (for the discipline of public servants) and the heads of business units (for the discipline officer).
-Within 15 working days from the date of receipt of the disciplinary board, the Inspector General or the heads of business units is the decision to discipline offending officers, servants.
2. The records and documents relating to the handling of discipline and disciplinary decisions must be stored in the profile of public servants. This form of discipline to write to your résumé servants.
Article 15. The special cases.
1. where the head or Deputy Head of the service, Department, unit violated discipline, the organizing and chairing meetings review due to a leaders of government inspection done. Project components are all public servants, employees of service, unit, Bureau.
2. in case of public officials, breach of discipline in the seconded time consideration, disciplined by the Agency's disciplinary Council, organization, unit was conducted, then send the entire record and disciplinary decisions about government inspection agencies, saved to the tracking profile , management.
3. where public servants violate discipline before the transfer of authority, organization, new units, the Government inspection agency is still conducting the review, discipline, then send the entire record and disciplinary decisions of the Agency, organization, unit is managing public servants employees save on management, track record.
Section 4: applicable FORM of DISCIPLINE article 16. The object to apply the form of discipline.
1. Forms of disciplinary reprimand, warning, dismissal is applicable to all public officials, breach of discipline.
2. disciplinary forms the lower wage tier applies to public officials, offending officials are keeping a higher wage level of ranks ranks or titles. Do not apply the lower wage tier forms for civil servants, employees are entitled to compensation beyond the frame.
3. Forms of discipline, relieved only apply to public servants, officers held leadership, management.
Article 17. Application form of discipline.
1. disciplinary reprimand form applicable to all public servants violate discipline first, mild, due to the responsibility of the head or Deputy head level when to units that violate the law are not yet to the point.
2. disciplinary form of caution applies to public officials, breach of discipline had been disciplined by reprimand that re-offending; or mild violation but cons frequent nature; or a new violation, however the first time but relatively serious nature; or first violations but related to the status, quality of public servants, officers do affect the prestige of the Government inspection agency; or violates the obligation of public servants related to learning, exercising responsibility, discipline, manners of public servants; fake profiles, biographies and use the degree certificate, not legal but have consequences; mild breach of these servants, employees can't do the provisions of article 18, 19 and 20 of the public officers Law; due to the responsibility of the head, deputies of the heads as to units that violations of the law, relatively serious discipline.
3. Form of the lower wage tier discipline applicable to public officials, breach of discipline had been disciplined by warning that it related to public service ethics; fake profiles, biographies and use the degree certificate, not legal to be raising the salary level or grade; violation of discipline and the law, while severe duty, public service; relatively severe violations of public servants things not being as prescribed in article 18 19 and article 20 of the law on public officials.
4. Form of discipline demoted applicable to public servants, officers held violated the relatively serious disciplinary fault not intentionally, about the quality, the prestige could service leadership; due to the responsibility of the head, deputies of the heads as to units have legal violations serious discipline. For the case of civil servants, officers held in violation of discipline at this level if leadership titles no longer lower then applied forms of discipline.
5. Form of discipline from Office applicable to public servants, officers serving there are violations of discipline and law, serious about the quality, the prestige cannot service leadership; due to the responsibility of the head, deputies of the heads as to units that violations of the law, very serious discipline.
6. Form of disciplinary dismissal applicable to public servants in the following circumstances:-the Court of criminal punishment in prison;
-Civil servants are in a time in the form of discipline, dismiss that re-offending or continued breach of discipline;
-Public officials while first violations but the nature and extent of the violation is very serious, no longer worthy to stand in the cadres and civil servants;
-Public servants use the degree certificate, not legal to be recruited into the Government inspection agency;
-Civil servants, staff of drug addiction;
-Public officials arbitrarily break the total from 7 working days or more in a month or 20 working days or more a year were the heads of the service, the Bureau of management units, the written notice 3 times in a row;
-Violation in particularly severe degree regulations of the law on prevention of corruption; the practice of saving, waste prevention; Labor discipline; worse, prostitution prevention Law, the law on the Ombudsman of complaints, accusations and other provisions of the law relating to public servants.
Section 5: OTHER REGULATIONS on DISCIPLINE Article 18. The provisions related to the enforcement of disciplinary decisions for public servants.
1. Public servants be disciplined by one of the forms of reprimand, warning, demoted salary depending on the nature and extent of the violation to be able to keep the old work location or be reassigned to other jobs.
2. After 6 months from the date the decision to discipline by reprimand or caution and after 12 months from the date of the decision by the discipline, form, the Inspector General or the head of the new business units to review, decided to raise the level of salary for public servants have enough or too time limit for raising the wage level time, enjoy the new wage level calculated enough time raising the salary level (was extended the time limit for raising the wage level prescribed in clause 1 Article 82 of law officers, public servants).
3. Public servants be disciplined in the form of lower wage level, the salary level raising time again since the disciplinary effect.
4. Public officials being disciplined by dismissal.
-Public officials disciplinary dismissal are not entitled to retrenchment mode but are insurance agency acknowledge time work has social insurance premiums to make social insurance regime under the provisions of the law.
-Service personnel to help the Inspector General or the heads of business units manage records retention, public officials disciplinary dismissal and are responsible to provide a résumé and commented (confirmed) when public officials have demanded.
Article 19. Mode, the policy for public officials are in time to temporarily suspend the work.

1. During the temporary suspension of the work according to the provisions of article 81 of law officers, public servants, the servants are entitled to 50% of the salaries and allowances (if any).
2. in case of public officials being disciplined will be 50% domains section wages and allowances (if any) remaining during the temporary suspension of the work. Time to temporarily suspend the computer time was revision according to the regulations.
3. in case of public officials being disciplined will not visit the field part of salary and allowances (if any) remaining during the temporary suspension of the work. Time to temporarily suspend the work don't count time upgrade to revision according to the regulations.
Chapter III.
DISCIPLINARY AUTHORITY of article 20. The Authority decided to discipline for officials and civil servants.
1. The Inspector General review and enact disciplinary decisions for public servants held leadership service; the room service, Bureau, administrative units; public officials hold senior inspectors and turnover equivalent; and the administrative block in the Government inspection agency.
2. The Heads of business units to review and enact disciplinary decision against holding rooms hold leadership ranks and equivalent back down are working in his unit.
Chapter IV.
IMPLEMENTATION article 21. Responsible for enforcing.
Heads of service, Bureau, units of government inspection bodies responsible for implementing this regulation seriously; in the apply process, if there are any unclear points, entanglements, the Service Bureau, unit reflects on Service personnel to report the Inspector General review, adjust, Supplement.