Mr. Le Van Minh's second complaint is unfounded.
(Baonghean) - Mr. Le Van Minh, residing in Yen Hoa Hamlet, Ha Huy Tap Ward, Vinh City - former Deputy Head of the Vinh Train Station Market Management Board - complained that Decision No. 8367/QD-UBND dated December 11, 2013, of the Chairman of the Vinh City People's Committee regarding the disciplinary action of dismissal against him was unfair and requested the competent authority to review and reduce the disciplinary action. On November 19, 2014, the Provincial People's Committee issued Official Letter No. 6473/QD.UBND-KT resolving Mr. Le Van Minh's complaint (second time).
1. RESULTS OF RESOLUTIONBY THE PEOPLE'S COMMITTEE OF VINH CITY:
Mr. Le Van Minh is appealing Decision No. 8367/QD-UBND dated December 11, 2013, of the Vinh City People's Committee regarding the disciplinary action against civil servants, specifically the dismissal of Mr. Minh. He claims this appeal is unfounded for the following reasons:
Mr. Le Van Minh used documents from Thanh Nghe Tinh Foodstuff Joint Stock Company stating that from 2008 to 2012, he was still the Director of the High-Quality Bamboo Mat Factory, as the basis for his application for recruitment and appointment as Deputy Head of the Vinh Train Station Market Management Board. This was untrue and constituted the use of illegal documents to gain employment in a state agency. Therefore, the decision No. 8367/QD.UBND dated December 11, 2013, issued by the Chairman of the Vinh City People's Committee, to dismiss Mr. Le Van Minh from his position, is in accordance with current state regulations.
2. RESULTS OF THE DIALOGUE:
At the dialogue on September 12, 2014, no new developments arose compared to the resolution of the Vinh City People's Committee. Mr. Le Van Minh stated that the Vinh City People's Committee's disciplinary action of dismissal was too harsh and significantly affected his life. He specifically mentioned in his petition dated September 10, 2014, a request to review his work history and training to mitigate the disciplinary action. He requested that the competent authorities consider his past history of never violating discipline, his consistent trust and respect from the collective and the public, and his fulfillment of all assigned tasks by the Party and government, including his time working at the Vinh Train Station Market Management Board. He requested to be reinstated as a regular civil servant to continue working and receive a salary for himself and his family.
3. CONCLUSION:
1.Mr. Le Van Minh used documents from Thanh Nghe Tinh Foodstuff Joint Stock Company that falsely stated he was the Director of the Enterprise from 2008 to 2012 as the basis for his resume to be recruited and appointed as Deputy Head of the Vinh Train Station Market Management Board. This constitutes the illegal use of documents to gain employment in a state agency. Therefore, the Chairman of the Vinh City People's Committee, based on Clause 3, Article 13 of Government Decree No. 27/2012/ND.CP dated April 6, 2012, on disciplinary action against civil servants, issued Decision No. 8367/QD.UBND dated December 11, 2013, regarding the disciplinary action against Mr. Le Van Minh, which includes the dismissal of Mr. Le Van Minh, in accordance with the law.
2.Mr. Le Van Minh argues that the transfer of his position, which he claims was a transfer of a civil servant from one state agency to another, is unfounded. This was confirmed by the Department of Internal Affairs in Document No. 1655/SNV.CBCC dated December 6, 2013: prior to his transfer to the Vinh Railway Station Market Management Board, Mr. Le Van Minh was not a state civil servant; therefore, the recruitment and appointment of Mr. Le Van Minh by the Vinh City Party Committee and People's Committee was not in accordance with the procedures and regulations of the Law on Civil Servants and Government Decree No. 29/2012/ND.CP dated April 12, 2014, on the recruitment, use, and management of civil servants.
3.The responsibility of the collectives and individuals involved in signing, confirming, and verifying the recruitment and appointment documents for Mr. Le Van Minh in violation of procedures has been investigated, concluded, and recommendations for handling made by the Vinh City Party Committee's Inspection Committee in Conclusion Notice No. 122/TB.KL dated August 28, 2013.
Based on the above,decision:
Article 1.The content of Decision No. 3511/QD.UBND dated May 9, 2014, of the Chairman of the People's Committee of Vinh City regarding the resolution of Mr. Le Van Minh's complaint is hereby acknowledged and upheld.
We request that Mr. Le Van Minh, Chairman of the People's Committee of Vinh City, and all relevant organizations and individuals strictly implement Decision No. 8367/QD-UBND dated December 11, 2013, on disciplinary action against civil servants, issued by the Chairman of the People's Committee of Vinh City.
Article 2.Within 30 days from the date of receiving this Decision, if Mr. Le Van Minh disagrees with the decision resolving the complaint, he has the right to file an administrative lawsuit in court in accordance with the provisions of the law on administrative litigation.
Article 3.The Chief of the Provincial People's Committee Office, the Director of the Department of Internal Affairs, the Director of the Provincial Social Insurance Agency, the Director of Thanh Nghe Tinh Foodstuff Joint Stock Company, the Chairman of the Vinh City People's Committee, Mr. Le Van Minh; and all relevant agencies, organizations, and individuals are responsible for implementing this Decision.
Provincial People's Committee
