Regulations on the authority of the head to temporarily suspend work

Politburo member and Standing member of the Secretariat Luong Cuong signed and issued Regulation No. 148-QD/TW of the Politburo. Photo: Chinhphu.vn

Regulation No. 148 applies to heads of Party committees, Party organizations, agencies and units (referred to as heads of agencies); cadres, civil servants and public employees in the political system and public service units (referred to as cadres).

The temporary suspension of officials under the management of the Politburo and Secretariat shall be considered and decided by the Politburo and Secretariat.

The temporary suspension of positions of Party Committee members, National Assembly deputies, People's Council deputies, judicial positions, members of the Vietnam Fatherland Front Committee and executive committee members of socio-political organizations shall be carried out in accordance with Party regulations, State laws and the organization's charter.

Regulation No. 148 clearly stipulates the grounds for temporary suspension from work in necessary cases:

1) Officials who violate ethical qualities and lifestyles, causing negative impacts, public outrage, and adversely affecting the reputation of organizations and individuals.

2) Officials deliberately delay, shirk, avoid responsibility, and do not perform work within their authority according to assigned functions and tasks.

3) Officials who have corrupt, negative behaviors, causing trouble for people, businesses, agencies and organizations in the process of performing public duties.

4) Officials who are being considered and disciplined but intentionally delay or avoid complying with requests from competent authorities during the process of considering and handling their own violations or take advantage of their position, authority, or influence or that of others to influence or cause difficulties in the consideration and handling.

5) Cadres who have been disciplined by the Party in the form of warning or dismissal and are awaiting consideration and handling of their government positions, and if they continue to work, it will negatively affect the activities of the Party Committee, Party organization, agency, or unit.

Grounds for temporary suspension from work in case of signs of serious violations:

1) Officers were prosecuted to serve the investigation.

2) In the process of reviewing and handling violations of officials, if there is a basis to determine that disciplinary action from warning or higher must be taken or handled by criminal law, the inspection, examination, audit, investigation, prosecution, trial, and execution agency has a written request to temporarily suspend the official from work.

Regarding the authority of the head in temporarily suspending work, Regulation No. 148 clearly states:

1) The head has the right to decide to temporarily suspend the work of subordinates according to the List attached to this Regulation when there is one of the grounds specified in Article 4 and Article 5 of the Regulation. In case not included in the List, the head of the competent authority to appoint and manage shall consider and decide to temporarily suspend the work.

The Politburo and the Secretariat consider and decide on the temporary suspension of officials under the management of the Politburo and the Secretariat; agencies and units carry out relevant procedures according to regulations.

2) Request relevant authorities and individuals to provide information and documents related to the decision to temporarily suspend work or request competent authorities to inspect, verify, clarify, and handle violations according to regulations.

3) Require suspended officers to comply with requests of competent authorities or competent persons to serve the verification, clarification and handling of violations.

Responsibilities of the head in temporary suspension from work:

Regulation No. 148 also clearly stipulates the responsibility of the head in temporarily suspending work:

1) Timely decide to temporarily suspend subordinate staff when there is one of the grounds specified in Article 4 and Article 5 of this Regulation; cancel the decision to temporarily suspend staff in case of non-compliance with regulations or when there is a conclusion that there is no violation, and at the same time report to the competent authority in charge of staff management.

2) Be responsible for making decisions on temporary suspension from work and canceling decisions on temporary suspension from work. Announce decisions on temporary suspension from work and decisions on cancellation of temporary suspension from work in the agency or unit where the officer works and send decisions on temporary suspension from work and decisions on cancellation of temporary suspension from work to relevant agencies, units and individuals.

3) When the temporary suspension period for an official expires, if there are many complicated circumstances that require further time to verify and clarify the official's violations, a report must be made to the competent authority in charge of managing the official before extending the temporary suspension period for the official.

The period of temporary suspension from work, if necessary, shall not exceed 15 working days.

Regarding the period of temporary suspension from work, Regulation No. 148 clearly states:

+ The period of temporary suspension from work, if necessary, shall not exceed 15 working days. In case of extension, the maximum period of temporary suspension from work shall not exceed 15 working days.

+ The period of temporary suspension from work in case of signs of serious violation of Party regulations and State laws shall be implemented at the request of the agency conducting the prosecution; inspection; examination; audit; or execution of the judgment.

+ The decision to temporarily suspend work automatically ceases to be effective when the temporary suspension period expires.

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