Suspend Immediately Any Civil Servant Who Harasses Citizens or Businesses

The Ministry of Justice is appraising the draft Decree of the Government on the recruitment, employment, and management of public employees, drafted by the Ministry of Home Affairs. This document will supersede Decree No. 112/2020 (amended and supplemented by Government Decree No. 71/2023).

Notably, the draft Decree outlines seven cases for temporary suspension from work for civil servants.

First, there is a violation of moral character and lifestyle that negatively affects public opinion and the reputation of the organization and individuals.

Second, there is harassment, negative behavior, or causing inconvenience to citizens, businesses, agencies, and organizations in the process of performing official duties.

Third, intentionally delaying, passing the buck, or evading responsibilities, and not performing tasks within the authority and assigned functions and missions.

Fourth, being considered for disciplinary action and intentionally failing to comply with the requests of competent authorities during the process of considering and handling violations, or using one’s position, authority, or influence to pressure or create difficulties for the consideration and handling of violations, or if continuing to work may create obstacles for disciplinary action.

Fifth, having been disciplined by the Party and awaiting consideration of disciplinary action by the government, and if continuing to work will negatively affect the activities of the agency, organization, or unit.

Sixth, there is a written request for temporary suspension from work by inspection, audit, and other competent authorities.

Seventh, other cases as prescribed by law or at the request of competent authorities.

According to the Ministry of Home Affairs, the temporary suspension from work should not exceed 15 working days. In complex cases, this period may be extended by no more than 15 working days.

Regarding the process for considering temporary suspension from work, the draft Decree states that within a maximum of two working days from determining the grounds for suspension, the agency or department in charge of organizational and personnel work must report and propose to the head for a decision on the suspension.

Furthermore, within two working days of receiving the proposal, the head must decide on the temporary suspension from work for the civil servant.

In cases of incorrect temporary suspension or when there is a conclusion that the civil servant did not violate any regulations, within three working days of having sufficient grounds, the head must decide to revoke the temporary suspension and report to the competent authority managing the civil servant.

Finally, the decision on temporary suspension from work and the decision to revoke it (if any) must be announced within the agency, organization, or unit employing the civil servant and sent to related agencies, organizations, and individuals.

Concerning civil servants who are temporarily suspended from work, the Ministry of Home Affairs proposes that they retain their rights and responsibilities as prescribed by the competent authority.

According to the Ministry of Home Affairs, the decision on temporary suspension from work serves as a basis for considering and classifying civil servants as failing to complete their tasks for that year.