Vietnamese Communist Party members, who do not disclose or disclose their finances improperly will be disciplined in the form of warning or dismissal?
- Discipline and reprimand for Vietnamese Communist Party members' violations in the financial and banking sectors?
- Disciplinary dismissal of Vietnamese Communist Party members for violations in the financial and banking sectors?
- Expulsion of Vietnamese Communist Party members for violations in the financial and banking sectors?
Discipline and reprimand for Vietnamese Communist Party members' violations in the financial and banking sectors?
According to Clause 1, Article 41, Regulation 69-QD/TW in 2022 stipulates:
"Article 41. Violations against regulations on banking and finance sector
1. Party members who commit one of the following violations, causing less serious consequences, shall be disciplined in the form of reprimand:
a) Violate one of the regulations on management and use of money and property of the Party and State in terms of interest collection, interest payment, fee collection, remuneration and fines.
b) Lack of responsibility for inspection or failure to conduct inspection before, during and after lending as prescribed.
c) Improperly perform the operation of guarantee, re-guarantee or guarantee for opening a letter of credit with late payment, failing to meet the prescribed conditions; failing to set up or setting up an insufficient amount of guarantee deposit as prescribed.
d) Fail to keep enough credit records, extending debt beyond the prescribed time or number of times; failure to fulfill or improperly fulfill the loan conditions.
d) Destroy money; refuse to accept or circulate coins that meet circulation requirements.
e) Violate regulations on management and use of state budget, capital, finance and assets of party organizations.
g) Collect, pay, manage and use party fees; improperly managing and using finances of Party committees and organizations."
Vietnamese Communist Party members, who do not disclose or disclose their finances improperly will be disciplined in the form of warning or dismissal?
Disciplinary dismissal of Vietnamese Communist Party members for violations in the financial and banking sectors?
According to Clause 2, Article 41, Regulation 69-QD/TW in 2022 stipulates:
- In case of having been disciplined according to Clause 1 of this Article but recidivism or first violation causes serious consequences or violates one of the following cases, the discipline shall be in the form of warning or dismissal (if there is a position).
+ Mobilizing capital, lending capital in contravention of regulations; improper implementation of plans, orders, and procedures for equitization of state-owned enterprises approved by competent authorities, causing financial and property losses of the Party and the State.
+ Providing preferential loans to the wrong subjects; violating regulations on the level of concessional loan capital; detecting that the borrower is using the loan for the wrong purpose but does not terminate the loan or take measures to recover the loan amount.
+ Consolidation of capital, joint venture, purchase of shares, transfer of shares, illegal setting up of funds; using the fund for paying dividends or transferring it abroad in contravention of regulations.
+ Illegally establishing funds; untruthful financial statements, leaving the accounting units' assets outside the accounting books; not disclosing or disclosing financial improperly; destroying or damaging accounting documents and vouchers within the prescribed retention period.
+ Improper or incomplete implementation of regulations on obligations of the mortgagor and the mortgagee, pledge, or loan guarantee according to regulations.
+ Violation of regulations on exchange rates for buying and selling foreign currencies and paying remittances. Buy, sell and collect foreign currency without a license. Loans and payments in foreign currencies are not in accordance with regulations.
Violation of regulations on production, transportation, trading, and trading in gold, silver, and precious stones.
+ Improperly performing the loan amount on the value of the mortgaged, pledged, or guaranteed property; accepting mortgages or pledging assets for lending in contravention of regulations; avoid paying the debt.
+ Lack of responsibility in banking inspection and supervision, causing serious consequences.
+ Violations against regulations on receipt of deposits, interest rates for capital mobilization, fees for service provision, business, and product supply; violating regulations on safety ratios for the operation of credit institutions.
+ To decide and use the Party's and State's finances in contravention of regulations.
Expulsion of Vietnamese Communist Party members for violations in the financial and banking sectors?
According to Clause 3, Article 41 of Regulation 69-QD/TW in 2022, stipulates:
- In case of violations specified in 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:
+ Forging, making false statements, agreeing to or forcing others to forge, make false statements, erase accounting documents or agreements, force others to provide or confirm untruthful accounting information and data.
+ Making fake money; transporting, storing, and circulating counterfeit money, gold, silver, and fake gems.
+ Improper implementation of the scope and subject of mortgage, pledge, and loan guarantee; improper or incomplete implementation of regulations on the mortgage, pledge, and guarantee for bank loans.
+ Violations against regulations on granting credit to shareholders with large contributed capital, founding shareholders; lending in the interbank market, and buying shares to acquire other banks.
+ For local interests, having acts of acquiring commercial banks or colluding to establish businesses to lend from banks that they hold or have controlling shares.
Directing or colluding with subordinates to make false records and documents to appropriate money and property of the State, organizations, and citizens.
As such, Party members who fail to disclose or disclose their finances improperly will be disciplined in the form of warning or dismissal.
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