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Proposal to cut pensions of officials whose position status is ‘removed’

Proposal to cut pensions of officials whose position status is 'removed' 5

Proposal to cut pensions of officials whose position status is ‘removed’

On the morning of October 24, presenting a report explaining the project Law amending and supplementing a number of articles of the Law on Cadres, Civil Servants and the Law on Public Employees, Chairman of the Law Committee Nguyen Khac Dinh said that many delegates approved of the law.

However, delegates said that the proposed Law must clearly stipulate discipline with physical and mental legal consequences.

Receiving the above comments, the draft Law has added the principle of linking disciplinary action with corresponding legal consequences to serve as a basis for the Government to make detailed regulations.

However, delegate Nguyen Van Hien – Director of the Institute of Legislative Research of the National Assembly Standing Committee, said that the above regulations are not very reasonable.

`It is necessary to understand that uniformity is about the nature and severity of sanctions, not about disciplinary levels with the same name, because there are different characteristics between political responsibility and legal responsibility.`

Delegate Nguyen Van Hien – Director of Legislative Research Institute of the National Assembly Standing Committee.

According to Mr. Hien, the `removal of status of positions held` as in the draft Law has many unreasonablenesses.

Similarly, if officials and civil servants are disciplined to the highest level of dismissal, they will not be removed from the positions they previously held.

`This creates an unreasonable situation in which a person who causes serious consequences and has to go to prison will not have his or her previous position status removed, while another person who has committed a violation but has not been sent to prison will have his or her position status removed.

According to him, the above regulation also creates unnecessary controversy about the legal consequences of `removal of position status`, that is, are the documents and decisions previously signed by this person still valid?

Referencing international experience, Mr. Hien said that in Germany, retired civil servants are still responsible for their violations while in office, the form of discipline is reduction and permanent deprivation of pension;

`I find this regulation to be legally logical and meet Vietnam’s practical requirements,` Mr. Hien said and recommended that the regulations should not eliminate the status of officials who have held positions, but should be handled in the direction of stripping them of their positions.

Proposal to cut pensions of officials whose position status is 'removed'

Delegate Nguyen Hong Van – Deputy Head of Phu Yen Province National Assembly Delegation.

Mr. Nguyen Hong Van – Deputy Head of the National Assembly Delegation of Phu Yen Province, said that retired officials mean their positions are no longer on the payroll.

Agreeing that there must be disciplinary action against retired officials who are found to have committed violations while in office, Mr. Van said, when an officer’s status is removed, the authorities `can only take away their special material benefits.`

Mr. Van also believes that the regulation on `removal of position status` will lead to legal consequences: will the decisions and qualifications that person signs while in office be `deleted` or not?

This is the second time the draft Law amending and supplementing a number of articles of the Law on Cadres and Civil Servants and the Law on Public Employees has been submitted to the National Assembly for comments;

From 2016 until now, a series of leaders, even though they have retired, have still been disciplined from their positions in the Party and removed from the administrative positions they once held.

The first is the case of Mr. Nguyen Huy Hoang, who in November 2016 was disciplined by the Secretariat and dismissed from his position as Secretary of the Party Committee of the Ministry of Industry and Trade (term 2011-2016).

The National Assembly Standing Committee then issued a resolution to remove Mr. Hoang as former Minister of Industry and Trade;

The regulation `removal of position status` was included by the Ministry of Home Affairs in the draft Law amending and supplementing a number of articles of the Law on Cadres, Civil Servants and the Law on Public Employees to institutionalize the above direction.

Last September, Admiral Nguyen Van Hien was removed as former Commander of the Navy after receiving party discipline;

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