Regulations on handling retired officials who violate the law, recording the removal of their position qualifications

This is one of the important contents shown in the draft.The Law amending and supplementing a number of articles of the Law on Cadres, Civil Servants and the Law on Public Employees was submitted to the National Assembly Standing Committee for comments on the morning of April 17.

Minister of Home Affairs Le Vinh Tan said that after synthesizing opinions from ministries, branches, localities and people of all walks of life, they all agreed to supplement regulations on administrative disciplinary action against cadres, civil servants and public employees who, after leaving their jobs or retiring, were found to have committed violations during their working time.

However, there are also some opinions suggesting consideration of the legality because this subject is not within the scope of the Law; the legal consequences of removing the position held at the time of the violation, whether the documents and decisions signed by these people are still valid or not...

According to Minister Le Vinh Tan, the Government found that the draft Law has added provisions on disciplinary action against cadres, civil servants and public employees who have resigned or retired in Clause 16, Article 1, amending and supplementing Article 84 of the Law on Cadres and Civil Servants on applying the provisions of the Law on Cadres and Civil Servants to other subjects.

Accordingly, Article 84 stipulates that if cadres, civil servants, and public employees 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 receive one of the following disciplinary measures: reprimand, warning, or removal from the position they held at the time of the violation.

"Such a regulation is consistent with the scope of the Law, consistent with the nature of retired cadres, civil servants and public employees as "different subjects" compared to cadres and civil servants" - Mr. Le Vinh Tan emphasized and said that, becauseThis is a new form of disciplinary action, the subject of application is relatively broad, so in reality, a number of different legal issues may arise for different subjects. Therefore, the Government reports these contents to the National Assembly Standing Committee for permission to specify in detail in the Decree.

Presenting the review of the draft law, Chairman of the Law Committee Nguyen Khac Dinh said that this agency agrees with the need to add to the draft Law provisions on disciplinary action against cadres, civil servants and public employees after they quit their jobs or retire if they are found to have violated the law during their working time to institutionalize the requirements in the Central Resolution and meet practical demands.

However, to more clearly demonstrate this issue in the draft Law, the Law Committee proposes to separate the content that the Government is proposing to add to Article 84 into a separate article stipulating in the direction that cadres, civil servants and public employees, after leaving work or retiring, must still be responsible for their violations during their working time; depending on the nature and severity of the violation, they may be prosecuted for criminal liability, administratively handled or disciplined; if causing damage, they must compensate according to the provisions of law and regulations on a number of specific forms of disciplinary action in the Law on Cadres, Civil Servants and the Law on Public Employees.

Corresponding to each subject of cadres, civil servants and public employees who commit violations, it is necessary to prescribe appropriate disciplinary measures to ensure legal consequences directly linked to the specific benefits that cadres, civil servants and public employees enjoy during their working time or retirement. At the same time, it is necessary to prescribe principles for determining the authority to handle, order and procedures for handling discipline to ensure feasibility and consistency in the implementation process./.