Regulation 69-QD/TW in 2022 on disciplinary actions against organizations and members of the Communist Party of Vietnam: What are disciplinary actions form for CPV memebers?
Regulation 69-QD/TW on disciplinary forms for organizations and members of the Communist Party of Vietnam of Vietnam?
According to Article 7 of Regulation 69-QD/TW of 2022, the disciplinary forms are as follows:
- For CPV organizations: Reprimand, warning, dissolution.
- For official CPV members: Reprimand, warning, dismissal (if holding a position), expulsion.
- For probationary CPV members: Reprimand, warning.
Regulation 69-QD/TW in 2022 on disciplinary actions against organizations and members of the Communist Party of Vietnam: What are disciplinary actions form for CPV memebers? (Image from the internet)
Regulation 69-QD/TW on the principles of disciplining CPV organizations and violating CPV members?
According to Article 2 of Regulation 69-QD/TW of 2022, the disciplinary principles are as follows:
- All CPV organizations and CPV members are equal before the discipline of the Communist Party of Vietnam. CPV organizations and CPV members violating the guidelines, regulations of the Communist Party of Vietnam, and laws of the State must be disciplined impartially, accurately, and promptly.
- Disciplinary actions must be carried out in accordance with principles, procedures, and authority as prescribed by the Communist Party of Vietnam.
- When considering disciplinary actions, the content, motive, nature, degree, consequences, causes of the violation, specific circumstances, aggravating or mitigating factors, self-criticism awareness, acceptance of criticism, and results of correcting and remedying defects, violations, and consequences must be taken into account.
- A single violation will only be disciplined once with one form of discipline. When considering disciplinary actions for multiple violations at the same time, each violation will be reviewed, concluded, and decided upon with the highest form of discipline, not separating each violation to apply different disciplinary forms multiple times.
- After 12 months, from the date of the disciplinary decision or the decision resolving the disciplinary appeal (excluding expulsion decisions for CPV members or dissolution decisions for CPV organizations), if the CPV organization, CPV member does not appeal, does not re-offend, or does not have new violations subject to discipline, the disciplinary decision automatically ceases to be effective.
- If a CPV organization, CPV member is unjustly disciplined, the CPV organization issuing the disciplinary decision must annul or amend the disciplinary decision accordingly; if the CPV organization does not comply, the higher authority will make the decision and review the responsibility of the CPV organization that issued the unjust disciplinary decision, if necessary, discipline as prescribed.
- If a disciplined CPV organization has been transferred, split, merged, or ceased operations, the announcement of the disciplinary decision will be carried out at the receiving, splitting, merging CPV organization or the direct superior of that CPV organization
- Disciplining a CPV organization must clearly define the responsibility of the organization and concurrently review the responsibility of each related individual for disciplining violating CPV members, especially the responsibility of the head.
+ CPV members in the disciplined organization must bear responsibility for the violations and the disciplinary form of that CPV organization which must be recorded in the CPV membership profile; CPV members not personally disciplined can still be considered for appointments by competent CPV organizations as stipulated. CPV members who disagree with or are not directly involved in the organization's violations must have it clearly recorded in the CPV membership profile.
- CPV members violating the law must be strictly handled according to the law; CPV members violating the law to the extent of criminal prosecution, being wanted, or sentenced to non-custodial reform or heavier penalties will be expelled from the Communist Party of Vietnam, if the penalty is lighter than non-custodial reform, disciplinary action will be based on the nature, extent of the consequences, causes of the violation, and the aggravating or mitigating factors for proportionate CPV discipline. If financial or asset losses are incurred to the Communist Party of Vietnam, the State, the organization, or individuals, responsibility and compensation must be considered.
- CPV discipline does not replace administrative discipline, union discipline, and legal penalties. CPV members disciplined in the CPV must be promptly directed by the managing committee or requested by the competent state agency or political-social organization to discipline administratively or in unions (if any) within 30 days from the date of announcing the CPV disciplinary decision.
+ When state agencies, the Fatherland Front, political-social organizations, or law enforcement authorities discipline, prosecute, or criminally investigate officials, public employees, members, union members, or workers who are CPV members, they must immediately notify the CPV organization managing the CPV member in writing. Within 30 days of receiving the notice, the managing CPV organization must decide on CPV discipline.
- In the same case involving multiple CPV members, each CPV member must be disciplined for their violations.
- CPV members who have transferred work, retired, or are retired and later found to have violations at their previous agency or unit to the extent of requiring disciplinary action will be disciplined according to the regulations of the Communist Party of Vietnam and state law.
- No transfer, rotation, appointment, promotion, military rank conferment, awarding, or recognition of Communist Party of Vietnam and state titles will be made for CPV members being considered for disciplinary action.
Regulation 69-QD/TW: Cases of non-discipline, exemption, or deferral
According to Clause 14, Article 2, Regulation 69-QD/TW of 2022, the disciplinary forms are as follows:
"14. Cases of non-discipline, exemption, or deferral:
a) Female CPV members during pregnancy, maternity leave, or raising a child under 12 months old, or male CPV members (in cases of wife’s death or other objective, force majeure reasons) raising a child under 12 months old are deferred from disciplinary consideration.
b) CPV members seriously ill and receiving inpatient treatment will have their disciplinary consideration deferred until their health stabilizes (discharged from the hospital).
c) Deceased CPV members will be reviewed and concluded by the CPV organization but no disciplinary decision will be made, except in cases of particularly serious violations.
d) CPV members declared missing with violations will still be reviewed and concluded, but disciplinary actions will be deferred until the CPV member is found alive.
đ) CPV members proposing innovation and creativity as per Conclusion No. 14-KL/TW, dated September 22, 2021, by the Politburo, and causing damage with the permission of the competent authority, will have the cause objectively determined, and if they have acted according to the guidelines, with pure motives, for the common interest, they may be exempt from discipline or have their responsibility lightened."
Thus, the Central Executive Committee of the Communist Party of Vietnam signed and promulgated Regulation 69-QD/TW on disciplining CPV organizations and violating CPV members, which took effect from July 6, 2022.
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