New regulations on disciplinary authority for officials who have resigned or retired

(Dan Tri) - In case of disciplinary action by removing the position, the competent authority to elect, approve election results, appoint or assign to the highest position will issue a disciplinary decision.

This regulation is mentioned in Decree No. 251 recently issued by the Government , to amend and supplement a number of articles of Decree No. 172 on disciplinary action against cadres and civil servants.

The revised and supplemented content this time relates to the authority, order and procedures for handling disciplinary actions against those who have quit their jobs or retired.

On the authority to handle disciplinary actions against people who have quit their jobs or retired

Decree No. 251 provides as follows:

1- In case of disciplinary action by removing the position or title, the competent authority to elect, approve, decide on the approval of election results, appoint or assign to hold the highest position or title shall issue a decision on disciplinary action (except for the cases specified in sections 3 and 4 below).

In this case, the competent authority decides on the handling of other relevant positions and titles.

Illustration photo.

2- In case of disciplinary action in the form of reprimand or warning, the competent authority shall elect, approve, decide on the approval of election results, appoint or assign to hold positions or titles, and issue a decision on disciplinary action (except in the cases specified in sections 3 and 4 below).

3- For those holding positions and titles in State administrative agencies approved by the Prime Minister and submitted to the National Assembly for approval, the Prime Minister will issue a decision on disciplinary action.

4- For those holding positions and titles elected by the National Assembly, the National Assembly Standing Committee shall decide on disciplinary action.

On the order and procedures for disciplinary action against those who have quit their jobs or retired

The Decree clearly states that for cadres who have quit their jobs or retired and have committed violations and have received disciplinary decisions from competent authorities, based on the disciplinary decisions of competent authorities, the agency advising on cadre work will propose the form of discipline, the time of disciplinary action and the time of disciplinary enforcement.

In cases under the disciplinary authority of the National Assembly Standing Committee, the Standing Committee of the Delegation Affairs Committee will propose the form of discipline, the time of disciplinary action and the time of disciplinary enforcement, and report to the National Assembly Standing Committee for consideration and decision.

In cases under the Prime Minister 's disciplinary authority, the Government's decree clearly states that the competent authority managing and using cadres before the time of resignation or retirement will propose the form of discipline, the time of disciplinary action and the time of disciplinary enforcement.

This content is then reported to the Prime Minister and sent to the Ministry of Home Affairs for appraisal and reporting to the Prime Minister for consideration and decision.

If there is no disciplinary decision from the competent authority against the person who has quit or retired and committed a violation during his/her working period, the competent authority to handle disciplinary actions prescribed above shall decide on disciplinary actions and be responsible for its decision.

According to the Government's decree, the competent authority will issue a decision on disciplinary action.

These new regulations regarding authority and procedures for disciplining officials who have resigned or retired take effect from September 23.

Source: https://dantri.com.vn/thoi-su/quy-dinh-moi-ve-tham-quyen-ky-luat-can-bo-da-thoi-viec-nghi-huu-20250924155611370.htm