Vietnam: Communist Party members to be dismissed in case their spouses/children take advantage of their positions to carry out serious illegal activities?
- Will members of Communist Party of Vietnam be reprimanded if their spouses, children or direct subordinates commit a crime?
- Will members of Communist Party of Vietnam be dismissed if their spouses, children or direct subordinates carry out serious illegal activities?
- When will the members of Communist Party of Vietnam be expelled for violating regulations on crime prevention?
Will members of Communist Party of Vietnam be reprimanded if their spouses, children or direct subordinates commit a crime?
According to Clause 1, Article 36 of Regulation 69-QD/TW of 2022, violations of regulations on crime prevention and control are as follows:
"Article 36. Violations against regulations on crime prevention
1. Communist Party members who violate one of the following circumstances, causing less serious consequences, shall be disciplined in the form of reprimand:
a) Lack of responsibility in implementing regulations of the Party, State, agencies, organizations and units in crime prevention and control, and handling criminal reports and denunciations.
b) Heads and deputies of the heads are irresponsible, fail to thoroughly understand and propagate about crime prevention and combat according to their assigned responsibilities and tasks; fail to lead, direct and organize the implementation, or fail to urge, inspect and supervise the crime prevention and control in localities, domains, organizations, agencies and units directly assigned to take charge.
c) Because of their achievements, report incorrectly, incompletely and in a timely manner the crime situation in the locality, domain, agency, organization or unit directly assigned to take charge of them.
d) Lack of responsibility in management and education leading to having a spouse, child or direct subordinate commit the crime."
Vietnam: Communist Party members to be dismissed in case their spouses/children take advantage of their positions to carry out serious illegal activities? (Image from the internet)
Will members of Communist Party of Vietnam be dismissed if their spouses, children or direct subordinates carry out serious illegal activities?
According to Clause 2, Article 36 of Regulation 69-QD/TW of 2022, violations of regulations on crime prevention and control are as follows:
"Article 36. Violations against regulations on crime prevention
...
2. If a person has been disciplined according to Clause 1 of this Article but recidivism or first violation causes serious consequences or commits one of the following cases, the discipline shall be in the form of warning or dismissal (if there is a senior officer). ):
a) Fail to perform assigned duties and responsibilities in crime prevention and combat or incomplete, incorrect or untimely implementation of regulations on examination, inspection, investigation, assessment, prosecution and examination trial, judgment execution, special amnesty and sentence commutation for criminals.
b) Allow spouses and children to take advantage of their positions and working positions to organize or carry out serious illegal activities. Cover up a case of law violation occurring in the organization, unit, field or area in charge or let direct subordinates commit serious crimes.
c) Report dishonestly the crime situation in the area, field, agency, organization or unit directly assigned to be in charge and monitor.
d) Leave out crimes, obstruct, cause difficulties or obstacles in investigation, prosecution, adjudication, judgment enforcement, special amnesty, sentence reduction or damage, loss or misplacement of dossiers and documents evidence of the case.
d) Take revenge on, punish or bribe the person who denounces the crime of his/her own or that of his/her father, mother, wife (husband), child, brother, sister, or younger brother.
e) Direct and force subordinates under their direct responsibility to comply with regulations, leading to falsifying results of investigation, prosecution, adjudication, judgment enforcement, or adjudication for amnesty or reduction of sentences in contravention of regulations.
g) Direct, decide or propose to change preventive measures against offenders against regulations.
h) Protect, cover and abet illegal activities.
i) Advise on the decision to prosecute or not to prosecute the case, prosecute the accused or to hold or temporarily detain or in the adjudication, reduction of sentence, liability or punishment contrary to the provisions of law.
k) Illegally possess, use, transport, trade in or appropriate military weapons, support equipment and tools, exclude criminal prosecution."
When will the members of Communist Party of Vietnam be expelled for violating regulations on crime prevention?
According to Clause 3, Article 36 of Regulation 69-QD/TW of 2022, violations of regulations on crime prevention and control are as follows:
"Article 36. Violations against regulations on crime prevention
...
3. In case of violation of Clauses 1 and 2 of this Article, causing very serious consequences or in one of the following cases, the discipline shall be in the form of expulsion:
a) Falsify the contents of the case file so as not to prosecute, investigate, prosecute, adjudicate, exempt or reduce liability, penalty, exempt or reduce crime, change crime, change prevention measures to the offender or to cover up or abet criminals.
b) Direct and coerce subordinates directly in charge of taking revenge on officials who investigate cases of violations occurring in their organizations, agencies, units or localities.
c) Protect and cover up serious criminal activities in the areas they are directly monitoring and in charge of.
d) Abuse positions and powers to violate industry regulations in professional activities or against law provisions in procedural activities.
d) Coerce or bribe individuals or organizations to cover or reduce crimes for others.
e) Conceal, fail to report or correct, falsify or destroy evidence, case files and documents.
g) Cancel investigating, prosecuting, prosecuting or adjudicating, lead to the expiration of the statute of limitations for handling violations, or decisions to prosecute cases or prosecute defendants in contravention of law.
h) Run away during the investigation (including the case of bail) so that the competent authority must issue a wanted warrant."
Thus, discipline dismissal of Communist Party members so that their spouses and children take advantage of their positions to carry out serious illegal activities.
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