On behalf of the Politburo, Politburo member and Standing member of the Secretariat Luong Cuong signed and issued Regulation No. 148-QD/TW of the Politburo on the authority of leaders in temporarily suspending subordinate officials from work when necessary or when there are signs of serious violations of Party regulations and State laws.
Regulation No. 148-QD/TW applies to heads of Party committees, Party organizations, agencies, and units (referred to as heads of agencies); cadres, civil servants, and public employees in the political system and public service units (referred to as cadres).
The temporary suspension of officials under the management of the Politburo and Secretariat shall be considered and decided by the Politburo and Secretariat.
The temporary suspension of positions of Party committee members, National Assembly deputies, People's Council deputies, judicial positions, members of the Vietnam Fatherland Front Committee and members of the executive committees of socio-political organizations shall be carried out in accordance with Party regulations, State laws and the organization's charter.
Regulation No. 148-QD/TW clearly stipulates the basis for temporary suspension from work in necessary cases:
1) Officials who violate ethical qualities and lifestyles, causing negative impacts, public outrage, and adversely affecting the reputation of organizations and individuals.
2) Officials deliberately delay, shirk responsibility, and do not perform work within their authority according to assigned functions and tasks.
3) Officials who harass, negatively affect, or cause trouble for people, businesses, agencies, or organizations in the performance of official duties.
4) Officials who are being considered and disciplined but intentionally delay or avoid complying with requests from competent authorities during the process of considering and handling their own violations or take advantage of their position, authority, or influence or that of others to influence or cause difficulties in the consideration and handling.
5) Officials who have been disciplined by the Party in the form of warning or dismissal and are awaiting consideration and handling of their government positions, and if they continue to work, it will negatively affect the activities of the Party Committee, Party organization, agency, or unit.
Grounds for temporary suspension from work in case of signs of serious violations:
1) Officers are prosecuted to serve the investigation.
2) In the process of reviewing and handling violations of officials, if there is a basis to determine that disciplinary action from warning or higher must be taken or handled by criminal law, the inspection, examination, audit, investigation, prosecution, trial, and execution agency has a written request to temporarily suspend the official from work.
Regarding the authority of the head in temporarily suspending work, Regulation No. 148-QD/TW clearly states:
1) The head has the right to decide to temporarily suspend the work of subordinates according to the List attached to this Regulation when there is one of the grounds specified in Article 4 and Article 5 of the Regulation. In cases not included in the List, the head of the competent authority for appointment and management shall consider and decide to temporarily suspend the work.
The Politburo and the Secretariat consider and decide on the temporary suspension of officials under the management of the Politburo and the Secretariat; agencies and units shall carry out relevant procedures according to regulations.
2) Request relevant authorities and individuals to provide information and documents related to the decision to temporarily suspend work or request competent authorities to inspect, verify, clarify and handle violations according to regulations.
3) Require suspended officers to comply with requests of competent authorities or competent persons to serve the verification, clarification and handling of violations.
Responsibility of the head in temporary suspension from work
Regulation No. 148-QD/TW also clearly stipulates the responsibility of the head in temporarily suspending work:
1) Timely issue a decision to temporarily suspend a subordinate officer from work when there is one of the grounds specified in Article 4 and Article 5 of this Regulation; cancel the decision to temporarily suspend a subordinate officer from work in case of non-compliance with regulations or when there is a conclusion that there is no violation, and at the same time report to the competent authority in charge of managing the officer.
2) Be responsible for making decisions on temporary suspension from work and canceling decisions on temporary suspension from work. Announce decisions on temporary suspension from work and decisions on cancellation of temporary suspension from work in the agency or unit where the officer works and send decisions on temporary suspension from work and decisions on cancellation of temporary suspension from work to relevant agencies, units and individuals.
3) When the temporary suspension period for an official expires, if there are many complicated circumstances that require further time to verify and clarify the official's violations, a report must be made to the competent authority in charge of managing the official before extending the temporary suspension period for the official.
The period of temporary suspension from work, if necessary, shall not exceed 15 working days.
Regarding the period of temporary suspension from work, Regulation No. 148-QD/TW clearly states:
+ The period of temporary suspension from work, if necessary, shall not exceed 15 working days. In case of extension, the maximum extension period of temporary suspension from work shall not exceed 15 working days.
+ The period of temporary suspension from work in case of signs of serious violation of Party regulations and State laws shall be implemented at the request of the agency conducting the proceedings; inspection; examination; audit; or execution of judgment.
+ The decision to temporarily suspend work shall automatically cease to be effective when the temporary suspension period expires./.
According to chinhphu.vn
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