6 forms of discipline for civil servants and public employees who violate the law on administrative enforcement

According to Decree 71/2016/ND-CP stipulating the time limit, order, and procedures for the enforcement of administrative judgments and handling of responsibilities for those who do not enforce court judgments and decisions, there are 6 forms of discipline for civil servants and public employees (CCVC) who violate the law on the enforcement of administrative judgments.

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The Decree clearly states that civil servants who violate the law on administrative enforcement may, depending on the nature and severity of the violation, be subject to disciplinary action in six forms, including: reprimand, warning, salary reduction, demotion, dismissal, and forced resignation.

Specifically, the form of disciplinereprimandApplicable to civil servants and public employees who commit one of the following acts of violating the law on administrative judgment enforcement: 1- Delay in execution of judgment; 2- Complying with but not in accordance with the content of the judgment or decision of the Court within the voluntary period prescribed in Clause 2, Article 311 of the Law on Administrative Procedure; 3- Taking advantage of position and power to obstruct the execution of judgment;...

Disciplinary actionwarningApplicable to civil servants and public employees who commit one of the following acts of violating the law on administrative judgment enforcement: After having a decision to enforce an administrative judgment, they still do not comply, do not properly or fully comply with the content of the judgment or decision of the Court; the head of an agency or organization is irresponsible in directing, inspecting, and urging the enforcement of an administrative judgment, leading to very serious consequences;...

Disciplinary actiondemotionApplicable to civil servants who commit one of the following acts of violating the law on administrative enforcement: After having a decision to enforce an administrative judgment but still not complying, not properly or not fully complying with the content of the judgment or decision of the Court and causing serious consequences...

Disciplinary actiondemoteApplicable to civil servants holding leadership and management positions who commit one of the following acts of violating the law on administrative judgment enforcement: After having a decision to enforce an administrative judgment, they still do not comply, do not comply correctly or do not fully comply with the content of the judgment or decision of the Court and cause very serious consequences but have sincerely self-criticized during the disciplinary review process; the head of an agency or organization is irresponsible in directing, inspecting, and urging the enforcement of administrative judgments, causing especially serious consequences. The Decree also clearly states that civil servants holding leadership and management positions who commit one of these acts shall be subject to disciplinary action and dismissal.

In addition, disciplinary actiondismissApplicable to civil servants holding leadership or management positions who commit one of the following violations of the law on administrative judgment enforcement: After having a decision to enforce an administrative judgment, they still do not comply, do not properly or fully comply with the content of the judgment or decision of the Court and cause very serious consequences; are sentenced to suspended imprisonment or non-custodial reform for the crime of failing to comply with the judgment or the crime of obstructing the execution of the judgment.

Disciplinary actionforced to quitApplicable to civil servants who commit one of the following violations of the law on administrative judgment enforcement: After having a decision to enforce an administrative judgment, they still do not comply, do not properly or fully comply with the content of the judgment or decision of the Court and cause particularly serious consequences; are sentenced to imprisonment without suspension for the crime of failing to comply with the judgment or the crime of obstructing the execution of the judgment.

According to Chinhphu.vn