Shall a member of Communist Party of Vietnam be disciplined for overdue transfer of complaints and denunciations not under resolution authority without valid reason?
What are the disciplinary measures applied to organizations of Communist Party in Vietnam for violating regulations on citizen reception, complaint resolution, and denunciations?
According to Article 16 Regulation 69-QD/TW 2022:
"Article 16. Violations of regulations on citizen reception, complaint resolution, and denunciations
1. Violations of one of the following cases, causing minor consequences, shall be disciplined in the form of a reprimand:
a) Issuing documents with content contrary to the regulations of the Communist Party, State regarding member and citizen reception, complaint resolutions, and denunciations.
b) Failing to direct the organization of member and citizen reception or allowing delays in resolving complaints and denunciations within their authority without conformity.
c) Failing to comply, or inadequately complying with decisions, conclusions made by party organizations or competent agencies regarding the resolution of complaints and denunciations.
2. Initial violations causing serious consequences or repeated violations of the cases specified in Clause 1 of this Article shall be disciplined in the form of a warning:
a) Concealing, incompletely reporting, or dishonestly reporting information related to the resolution of complaints and denunciations by party organizations and members within their authority.
b) Failing to take responsibility, having no measures to prevent or handle those who fabricate, slander, causing internal disunity.
c) Directing the suppression of whistleblowers, persons providing information and documents related to violations by agencies, organizations, individuals or covering up for those being denounced.
d) Negligence in leadership and directing the reception of members and citizens, resolving complaints and denunciations leading to prolonged mass complaints and denunciations.
dd) Failing to comply or direct the protection of whistleblowers or failing to discipline cases of violations regarding complaints and denunciations as per authority.
3. Disbandment shall be applied in cases of policies and actions against the policies and regulations of the Communist Party, the law of the State on complaint and denunciation resolution causing particularly serious consequences."
Shall a member of Communist Party of Vietnam be disciplined for overdue transfer of complaints and denunciations not under resolution authority without valid reason? (Image from internet)
Are members of Communist Party of Vietnam subject to disciplinary action for overdue transfer of complaints and denunciations not under their resolution authority without valid reason?
According to Article 38 Regulation 69-QD/TW 2022:
- members of Communist Party of Vietnam who violate one of the following cases causing minor consequences shall be disciplined in the form of a reprimand:
+ Writing anonymous complaints, using false names. Participating with others in writing, drafting, signing in the same complaint. Sending, disseminating complaints to places not authorized to resolve them.
+ Participating in mass complaints and denunciations causing disorder and social insecurity.
+ Having responsibility to handle and resolve denunciations but disclosing or leaking the identity and handwriting of whistleblowers and the content of the denunciations; leaking information, documents, evidence of the case to unauthorized organizations or individuals.
+ Failing to take responsibility, causing inconvenience, harassment in resolving complaints and denunciations; hindering or obstructing members and citizens from exercising their rights to complain and denounce. Intervening or influencing the resolution of complaints and denunciations to cover up or assist in violating the policies and regulations of the Communist Party, the law of the State.
+ Failing to comply with requests, recommendations, conclusions, and decisions from authorized agencies and organizations regarding the resolution of complaints and denunciations.
+ Failing to direct or resolve complaints, denunciations, reflections, and petitions as per regulations. Allowing overdue transfer of complaints and denunciations not under their resolution authority without valid reason.
- In cases where already disciplined under Clause 1 of this Article and repeats the violation or the first violation causes serious consequences or one of the following cases, they shall be disciplined in the form of a warning or demotion (if holding a position):
+ Delaying or evading responsibility in resolving complaints and denunciations; failing to request or perform the responsibility of protecting whistleblowers as per regulations.
+ Distorting case files during verification, investigation, conclusion, and recommending solutions for complaints and denunciations; inaccurately reporting verification results.
+ Failing to comply with the final decisions and conclusions of authorized agencies and organizations regarding the resolution of complaints and denunciations.
+ Falsely accusing or obstructing individuals performing duties in resolving complaints and denunciations; spreading false information about denunciations and their resolution.
+ Tracking, threatening, suppressing, or retaliating against complainants; individuals detecting, reporting, denouncing, or providing information, documents, evidence; individuals responsible for resolving complaints and denunciations. Failing to fully perform the responsibility of protecting whistleblowers, criticism, and suggestions.
+ Organizing, inciting, urging, buying off, or coercing others to complain and denounce.
+ Denouncing with fabricated contents, attacking harming the reputation, honor, and dignity of organizations and individuals.
Under what circumstances are members of Communist Party of Vietnam expelled when violating regulations on complaints and denunciations and their resolution?
According to Clause 3 Article 38 Regulation 69-QD/TW 2022:
- In cases where the above regulations are violated causing very serious consequences or one of the following cases, they shall be disciplined in the form of expulsion:
+ Organizing, coercing, inciting, urging, aiding, enticing, buying off, dragging others to make false complaints and denunciations or creating pressure, making demands, or gathering crowds to complain and denounce causing security and order disturbances.
+ Taking advantage of complaints and denunciations to cause disorder, damages to agencies, organizations, individuals to oppose the Communist Party, the State; distorting the truth, threatening, seriously insulting the reputation, honor of agencies, organizations, individuals responsible for resolution, or infringing on the life of those responsible for resolving complaints and denunciations.
Thus, members of Communist Party of Vietnam failing to direct or resolve complaints, denunciations, reflections, petitions as per regulations; allowing overdue transfer of complaints and denunciations not under their resolution authority without valid reason will be disciplined in the form of reprimand if causing minor consequences.
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