The National Assembly officially regulates disciplinary measures for retired officials who violate the law.

On the afternoon of November 25, with 426/454 delegates voting in favor (accounting for 88.20%), the National Assembly officially passed the Law amending and supplementing a number of articles of the Law on Cadres, Civil Servants and the Law on Public Employees.

Regarding the regulations on disciplinary action against officials and civil servants who have resigned or retired, presenting a report explaining and accepting the revision of the draft Law before the delegates vote to approve it,Secretary General of the National Assembly Nguyen Hanh Phuc said that there are opinions suggesting strict regulations on the form of handling and responsibility for compensation for damages to ensure both deterrence and severity, but also ensure humanity.

There is a proposal to consider replacing the disciplinary form of "removal of the position held" with the disciplinary form of permanent reduction or deprivation of pension, with the legal consequence of stripping or reducing the benefits and policies currently enjoyed.

The National Assembly Standing Committee recognizes that disciplinary action against officials and civil servants who have resigned or retired is a major policy that needs to be carefully studied and have reasonable regulations to ensure feasibility, effectiveness and consistency in the implementation process.

8th session, 14th National Assembly. Photo: Duong Giang/VNA

Therefore, it is requested that the Law stipulate general principles on disciplinary action against cadres and civil servants who have resigned or retired; specify the forms of disciplinary action, in which the form of "removal of the position held" is to ensure consistency with the disciplinary action according to the Party's regulations, and at the same time, the practical application in the past has shown that it has had certain effectiveness, meeting the aspirations of the majority of people.

"To clearly demonstrate the form of discipline associated with material and spiritual consequences, the draft Law also adds the principle of associating the form of disciplinary action with corresponding legal consequences to serve as a basis for the Government to specify in detail, ensuring feasibility and flexibility in the implementation process," said Mr. Nguyen Hanh Phuc.

In addition to the above opinions, according to the Secretary General of the National Assembly, there are also opinions suggesting that regulations should only handle violations during the working period of officials and civil servants holding certain positions and powers who have retired or quit their jobs, and not apply the same to all officials and civil servants who have retired or quit their jobs.

The Standing Committee of the National Assembly found that the addition to the Law on Cadres and Civil Servants to provide for disciplinary action against all retired cadres and civil servants is in accordance with the requirements of the Central Resolution, ensuring fairness and strictness of the law, strengthening discipline, discipline and responsibility of cadres and civil servants in general, including cadres and civil servants holding leadership and management positions.

"Therefore, I would like to ask the National Assembly to allow this content to be expressed as in the draft Law," said Mr. Nguyen Hanh Phuc.

Clause 5, Article 84: Handling of violations committed during the working period of cadres and civil servants who have resigned or retired is prescribed as follows:

a) Any violations committed during the working period of retired or retired officials and civil servants shall be handled according to the provisions of law.

Depending on the nature and severity, violators may be subject to criminal, administrative or disciplinary action;

b)If cadres and civil servants are found to have committed a violation during their working period after leaving work or retiring, depending on the nature and severity of the violation, they must be subject to one of the following disciplinary measures: reprimand, warning, or removal from the position they held, along with legal consequences corresponding to the disciplinary action.

Disciplinary action against officials and civil servants who have resigned or retired and committed violations during their working period before July 1, 2020 shall be carried out in accordance with the provisions of this Law.

The Government shall specify this clause in detail".