📋 Tender Overview
The Ministry of Home Affairs is collecting comments on the draft Decree amending and supplementing a number of articles of Decree No. 172/2025/ND-CP regulating the disciplinary handling of officials and civil servants amended and supplemented in Decree No. 251/2025/ND-CP of the Government. Download The Ministry of Home Affairs proposes to not consider disciplinary action against officials who commit a number of land violations before the 2024 Land Law takes effect. Additional cases that have not yet considered disciplining officials One of the notable contents is the proposal to add additional cases that have not yet been considered for disciplinary action (in Article 3 of Decree No. 172/2025/ND-CP). Accordingly, in addition to the 3 cases already stipulated in the Decree 172/2025/ND-CP, the draft proposes to add additional cases specified in the National Assembly Resolution on specific mechanisms and policies to handle land law violations by organizations and individuals that occurred before the 2024 Land Law took effect and remove difficulties and obstacles for backlogged and long-lasting projects. At the same time, the proposed draft does not consider disciplinary action for other cases according to the provisions of law. Amend and supplement cases of exclusion, exemption from liability, and reduction of disciplinary levels. In addition, the Draft also amends and supplements cases of exclusion of discipline; Exempt from discipline or reduce the level of discipline (in Clauses 1,2,3, Article 4 of Decree No. 172/2025/ND-CP). Accordingly, officials and civil servants who commit violations in one of the following cases are exempted from disciplinary liability: a) Confirmed by a competent authority that they have lost civil act capacity at the time of committing the violation.b) Confirmed by a competent authority in an urgent situation, due to force majeure or objective obstacle according to the provisions of the Civil Code and the law on emergencies in the performance of duties.c) Cases in which liability is excluded. Other disciplinary actions as prescribed by law. The draft proposes amending and supplementing the regulations that officials and civil servants commit violations to the extent that they must be considered for disciplinary action but are exempted from disciplinary liability in the following cases: a) Implementing proposals on scientific research, technological development and innovation that have been permitted by competent authorities and are determined by competent authorities to have implemented the policy in accordance with the policy, are not corrupt, not negative, do not have fraudulent acts, intentionally violate the law, have pure motives, for profit. for the common good, but damage occurred.b) Has properly complied with regulations on authority, order, and procedures, is not self-interested in the process of performing tasks but causes damage due to objective causes.c) Has committed violations that led to disciplinary action but has passed away.d) Cases of exemption from disciplinary responsibility specified in the National Assemblys Resolution on specific mechanisms and policies to handle violations of land law by organizations and individuals that occurred before the Land Law of 2019 2024 takes effect and removes difficulties and obstacles for long-standing and backlogged projects. d) Other cases are exempted from disciplinary liability according to the provisions of law. In addition, the draft proposes that in case of violation with one or more of the following circumstances, the level of disciplinary action will be reduced: a) Proactively report violations, voluntarily accept personal responsibility for shortcomings and violations and accept disciplinary measures commensurate with the content, nature and extent of violations before and during the process. inspection and supervision process; b) Proactively provide information, records, documents, and fully and honestly reflect on fellow violators; c) Proactively stop violations and actively participate in preventing violations; Voluntarily surrender corrupt assets, compensate for damages, and overcome the consequences caused by them. d) Cases of reduced disciplinary levels specified in the National Assemblys Resolution on specific mechanisms and policies to handle land law violations by organizations and individuals that occurred before the 2024 Land Law took effect and remove difficulties and obstacles for backlogged and prolonged projects; d) Other mitigated cases according to the provisions of law. Supplementing a mechanism to protect the rights of cadres and civil servants who are unjustly or wrongly disciplined. Notably, the draft amends and supplements the mechanism to protect the rights of cadres and civil servants who are unjustly or wrongly disciplined (in Clause 2, Article 25 of Decree No. 172/2025/ND-CP). Accordingly, no later than 10 working days from the date of the written conclusion of the competent authority or the Courts decision determining that the disciplinary action against a cadre or civil servant is unjust or wrong, the head of the agency, organization or unit where the cadre or civil servant works is responsible for making a public announcement at the agency or unit. In case a disciplinary decision has been issued according to the conclusion of the appellate judgment and there is no conclusion of the competent authority that is unjust or wrong. But then there is a change in the penalty in the new judgment according to the provisions of procedural law, the handling of the issued disciplinary decision will be considered and decided by the authority with disciplinary authority. Apologies and restoration of benefits for officials and civil servants who have been unjustly disciplined are carried out in accordance with the regulations of the competent authorities. Please read the full draft text and give comments here./.See more: Promulgate a specific mechanism to remove problems with backlogged
