Legal corridor to discipline retired 'officials'

Through a real case, it shows that disciplining retired officials really needs a legal corridor to resolve.

Recently, responding to the press about the conclusion of the Central Inspection Committee on his own violations while in office, former Chairman of Gia Lai Provincial People's Committee Pham The Dung said: "I'm retired, so I'll deal with it however I want."

The statement did not receive public approval on the issue of Party discipline when Party members violate the law. Especially in the context that cadres and Party members nationwide are expecting a lot from the determination to prevent and fight corruption and the efforts to build and rectify the Party that General Secretary Nguyen Phu Trong and the Central Executive Committee are determined to carry out. At the same time, through this real case, it shows that the discipline of retired officials really needs a legal corridor to resolve.

The determination to handle erring cadres and party members in recent times has affirmed the fact that there are no "forbidden zones" in Party inspection and discipline, including for retired or incumbent cadres.

Illustration photo.

Public opinion has witnessed and agreed with the disciplinary action against retired officials, the revocation of official status of former Minister of Industry and Trade Vu Huy Hoang, former Minister of Natural Resources and Environment Nguyen Minh Quang, former Secretary of the Provincial Party Committee, Chairman of the People's Committee of Ha Tinh Vo Kim Cu; former Chairman of the People's Committee of Gia Lai Pham The Dung... and many other officials for violations when they held positions in the past.

This shows the determination to clean up the ranks, preserve the reputation, and make the Party increasingly clean and strong. However, the Party's efforts to prevent corruption face many difficulties due to the lack of a legal framework for dealing with retired officials.

Regarding the former Chairman of Gia Lai province, the Central Inspection Committee concluded that while in office, there were "serious violations" to the extent that "disciplinary action was required" such as: Directing the construction of roads to import wood from Laos against regulations; violating the direction of land management; directing the appointment of unqualified relatives... Especially serious violations in converting 50,000 hectares of poor forest to rubber plantation, leading to loss of forests, poor people, causing long-term consequences on the economy, society and environment.

However, when answering the press about his violations, Mr. Pham The Dung, former Chairman of this province, said as if nothing had happened: "I'm retired, so deal with me as you please!". Many officials and party members disagreed with this statement, considering it as "joking" with Party discipline when party members violate it.

Ms. Dang Thuy Dung, a retired cadre at 60 Hang Trong, Hanoi, said: “During their working time, cadres must be responsible, only when they retire can they be at ease. Cadres who do not do well, when they retire, deny their responsibilities during their working time, which is not right. Our government should be stricter with those who violate discipline to deter future generations from doing better.”

Dr. Tran Ngoc Duong.

Recently, public opinion often uses the phrase “safe landing” to imply that officials after retirement deny all responsibility to the organization and the people, regardless of any violations committed while in office. However, according to Dr. Tran Ngoc Duong, former Deputy Head of the National Assembly Office, even after retirement, they must still be responsible for the wrongdoings they did while in office.

With the spirit of the rule of law, everyone is equal before the law. If there is a violation, no matter what position that person holds, whether incumbent or retired, they must take responsibility.

“Even though he retired, his previous violations were still handled. The question must be asked: Why was it not discovered while he was in office, but only discovered after retirement? I think, maybe while in office, due to respect and lack of struggle, it led to the situation of "knowing but not speaking". Only after retiring did they speak up and denounce. It is also possible that the mechanism for controlling power over officials in office is not good, so it was not discovered, and only after retirement did it become discovered and handled" - Dr. Tran Ngoc Duong said.

The problem is that there needs to be specific and detailed instructions for implementation, determining the responsibilities of retired cadres. Because, in the past, the handling of responsibilities for retired cadres has been confusing due to the lack of specific regulations. Public opinion still feels unsatisfied with some of the forms proposed to handle the responsibilities of retired cadres in the past: such as criticism, discipline, removal of the cadre's qualifications when in office...

The difficulty in doing this is that retired cadres are not subject to the Law on Cadres, Civil Servants, the Law on Public Employees and other relevant regulations. Therefore, if retired cadres are not criminally prosecuted, they cannot be administratively prosecuted or disciplined.

Based on this reality, the Ministry of Home Affairs is preparing to summarize 10 years of implementing the Law on Cadres and Civil Servants, thereby demonstrating the sense of responsibility of cadres, both while in office and when retired, must be responsible to the Party, State and people.

Minister of Home Affairs Le Vinh Tan.

According to Minister of Home Affairs Le Vinh Tan, incumbent officials need to strictly perform their functions and duties, and not consider their retirement as the end of their responsibility to the State. This is a difficult and new issue, but it is necessary to create a legal corridor to resolve future cases.

"To make long-term legal amendments, on the basis of the current Law on Cadres and Civil Servants, amendments to adjust the Law on Cadres and Civil Servants will be made, demonstrating a high sense of responsibility, including both incumbent and retired officials, who are responsible to the Party, State and people," said Minister Le Vinh Tan.

The responsibility of retired officials and civil servants who commit violations while in office must be specifically regulated in the Law on Officials and Civil Servants. In addition, the draft Law on Anti-Corruption (amended) which is being consulted also needs to add regulations for retirees if violations are discovered later for handling./.

According to VOV