Regulations on handling retired officials who violate regulations, recording and removing 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 add regulations on administrative disciplinary action against cadres, civil servants and public employees who were found to have committed violations during their working time after leaving work or retiring.

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 quit their jobs or retired in Clause 16, Article 1 amending and supplementing Article 84 of the Law on Cadres and Civil Servants on the application of 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 be subject to one of the following disciplinary measures: reprimand, warning, or removal from the position 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 scope of application is relatively broad, so in reality, some different legal issues may arise for different subjects. Therefore, the Government reports to the National Assembly Standing Committee for permission to specify these contents 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 period 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, which is a cadre, civil servant, or public employee who commits a violation, it is necessary to prescribe appropriate disciplinary measures to ensure legal consequences directly linked to the specific benefits that the cadre, civil servant, or public employee enjoys during their working time or retirement. At the same time, it is necessary to prescribe principles for determining the authority to handle, the order, and procedures for handling discipline to ensure feasibility and consistency in the implementation process./.