What is the disciplinary action for members of Communist Party of Vietnam who make threats against the lives of whistleblowers?
What is the disciplinary action for members of Communist Party of Vietnam who make threats against the lives of whistleblowers?
Pursuant to Clause 2, Article 38 of Regulation 69/QD-TW in 2022, the following provisions apply:
Violations of regulations on complaints, denunciations, and the resolution of complaints and denunciations
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2. In cases where disciplinary action has been taken under Clause 1 of this Article and there is a repeat offense or a first-time offense causing serious consequences or one of the following offenses, disciplinary action shall be taken in the form of a warning or dismissal (if holding a position):
a) Delaying or evading the responsibility of resolving complaints, denunciations; failing to request or failing to fulfill the responsibility of protecting the whistleblower as prescribed.
b) Tampering with the case file during the investigation, verification, conclusion, and recommendation for the resolution of complaints, denunciations; reporting inaccurate verification results.
c) Failing to comply with the final decision and conclusion of the competent authority in resolving complaints and denunciations.
d) Falsely accusing or obstructing persons performing the task of resolving complaints and denunciations; spreading false information regarding complaints and resolutions of complaints.
dd) Pursuing, threatening, persecuting, retaliating against complainants; those who find, report, denounce, provide information, documents, evidence; or individuals responsible for resolving complaints and denunciations. Failing to fully perform the responsibility of protecting the whistleblower, criticism, and suggestions.
e) Organizing, inciting, instigating, bribing, or coercing others to lodge complaints, denunciations.
g) Making complaints with fabricated content, attacking, causing harm to the reputation, honor, and dignity of the organization or individual.
members of Communist Party of Vietnam who threaten or retaliate against whistleblowers will be subject to disciplinary action in the form of a warning or dismissal if they hold a position.
What is the disciplinary action for members of Communist Party of Vietnam who make threats against the lives of whistleblowers?
What actions by members of Communist Party of Vietnam are considered as threats to the lives of whistleblowers?
According to Subsection 5, Section III of Guidance 05/HD-UBKTTW in 2022, the guidance includes the following provisions:
Violations of regulations on complaints, denunciations, and the resolution of complaints and denunciations (Article 38)
5.1. members of Communist Party of Vietnam who exercise their right to denounce are concluded by the party organization or competent authority that the contents of their denunciation are true or partly true; true regarding the phenomenon but not the substance, will not be considered as fabricating, slandering, or making false accusations.
5.2. Making statements, actions, or using other persons to threaten, infringe upon the life, health, property, reputation, honor, dignity, legal rights, and interests of the whistleblower.
- Obstructing, causing difficulties in exercising the legal rights and interests in promotions, salary increments, rewards, training, development, planning, mobilization, rotation, appointment, and other lawful rights and interests of the whistleblower.
- Discriminating, inciting others to obstruct the whistleblower from performing their duties and tasks.
Handling in violation of Communist Party regulations, state laws, changing the work of the whistleblower with the motive of persecution.
- Directly or through others threatening, suppressing, retaliating, persecuting, controlling, falsely accusing the person directly handling complaints and denunciations.
- Directly or through others meeting, calling, messaging, or using other means to exert pressure on the person resolving to distort the content of complaint and denunciation resolution.
According to the above regulation, the following actions are considered as threats to the life and honor of the whistleblower:
- Obstructing, causing difficulties in exercising the legal rights and interests in promotions, salary increments, rewards, training, development, planning, mobilization, rotation, appointment, and other lawful rights and interests of whistleblowers.
- Discriminating, inciting others to obstruct the whistleblower from performing their duties and tasks.
Handling in violation of Communist Party regulations, state laws, changing the work of the whistleblower with the motive of persecution.
- Directly or through others threatening, suppressing, retaliating, persecuting, controlling, falsely accusing the person directly handling complaints and denunciations.
- Directly or through others meeting, calling, messaging, or using other means to exert pressure on the person resolving to distort the content of complaint and denunciation resolution.
What is the statute of limitations for disciplining members of Communist Party of Vietnam who make threats against the lives of whistleblowers?
Pursuant to point b, clause 2, Article 4 of Regulation 69/QD-TW in 2022, the provisions are as follows:
Statute of limitations for disciplinary action
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2. The statute of limitations for disciplinary action is calculated from the time the violation occurs until the party organization with competent authority concludes that the violation must be disciplined. If the party organization or party members commit new violations within the timeframe stipulated in Points a, b of this Clause, the statute of limitations for the old violation shall be recalculated from the time the new violation occurs.
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b) The statute of limitations for disciplining party members who commit violations is as follows:
- 5 years (60 months) for violations subject to the form of reprimand.
- 10 years (120 months) for violations subject to the form of warning or dismissal.
- No statute of limitations for violations subject to expulsion; violations of internal politics; national defense, security, foreign affairs violations infringing on national interests; the use of illegal diplomas, certificates, certifications.
The statute of limitations for disciplining members of Communist Party of Vietnam who make threats against the lives of whistleblowers is 10 years (120 months) from the time the violation occurs until the party organization with competent authority concludes that the violation must be disciplined.
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