The Regulation includes 12 Articles. Regarding the scope of regulation and applicable subjects, Regulation No. 148 clearly states:
- This regulation stipulates the principles, basis, authority, responsibility, time limit, procedures, and records for temporary suspension of work by the head of a subordinate cadre when necessary or when there are signs of serious violations of Party regulations and State laws.
- Applicable to heads of Party committees, Party organizations, agencies and units (hereinafter referred to as heads of agencies); cadres, civil servants and public employees in the political system and public service units (hereinafter 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 organization charters.
According to Regulation No. 148, the grounds for temporary suspension from work in necessary cases are as follows:
- Officials who violate ethical qualities and lifestyles, causing negative impacts, public outrage, and adversely affecting the reputation of organizations and individuals.
- Officials deliberately delay, shirk, avoid responsibility, and do not perform work within their authority according to assigned functions and tasks.
- Officials who have corrupt, negative behaviors, causing trouble for people, businesses, agencies, and organizations in the process of performing official duties.
- 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.
- 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.
There are two grounds for temporary suspension from work in case of signs of serious violations, including:
- Officers were prosecuted to serve the investigation.
- During 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.
Authority of the head in suspending work:
- 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.
- 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.
- Require suspended officers to comply with requests of competent authorities or competent persons to serve the verification, clarification and handling of violations.
Responsibilities of the head in temporary suspension from work:
- 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.
- 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.
- 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 rights and responsibilities of officers temporarily suspended from work according to Regulation No. 148 include:
- Rights of officers temporarily suspended from work:
+ Have the right to request the head to review the decision to temporarily suspend work if there is a basis to determine that the temporary suspension is not in accordance with regulations.
+ Have your legitimate rights and interests restored when the competent authority concludes that you have not violated anything or have not been disciplined for a violation.
+ The regime and policies for cadres during the period of temporary suspension from work are implemented as before the time of temporary suspension from work.
- Responsibilities of suspended officers:
+ Strictly comply with the decision to temporarily suspend work.
+ Provide full information and relevant documents and comply with requests of leaders and competent authorities during the process of verification, clarification and handling of violations.
Regulation No. 148 also stipulates that relevant organizations and individuals must be responsible for information, reporting, consulting, proposing, requesting temporary suspension from work and implementing temporary suspension from work for cadres according to assigned functions and tasks.
Period of temporary suspension from work
- 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 automatically ceases to be effective when the temporary suspension period expires.
Regulation No. 148 also clearly states the time limit, procedures, documents for temporary suspension from work, and implementation organization.
This Regulation takes effect from the date of signing. Issued together with Regulation No. 148 is the List of positions with the authority to temporarily suspend subordinates from work when necessary or when there are signs of serious violations.
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