How to identify violations of the guidelines and regulations of Communist Party of Vietnam?

How to identify violations of the guidelines and regulations of Communist Party of Vietnam? - Question of Mr. Minh An (Ha Giang, Vietnam)

How to identify violations of the guidelines and regulations of Communist Party of Vietnam?

Pursuant to subsection 1, Section II, Guideline 05/HD-UBKTTW in 2022, there are guidelines on determining violations of the guidelines and regulations of Communist Party of Vietnam as follows:

- Failing to develop an implementation program or plan or having one but not implementing it; failing to promulgate documents to lead and direct the fight against degradation in political ideology, self-evolution and self-transformation according to its authority.

- Failing to lead, direct, inspect and supervise; failing to assign members of CPV organizations to be in charge of fields and areas to direct, urge, inspect and supervise the performance of subordinate CPV organizations and CPV members under their management.

How to identify violations of the guidelines and regulations of Communist Party of Vietnam? (Image from the Internet)

In case of violating the guidelines and regulations of Communist Party of Vietnam, what are the disciplines to be imposed on the violating CPV organization?

Pursuant to Article 8 of Regulation 69-QD/TW in 2022 stipulates as follows:

Violating the guidelines and regulations of Communist Party of Vietnam
1. Violations in one of the following cases, causing less serious consequences, shall be disciplined in the form of reprimand:
a) Impropering or incompleting implementation of the guidelines and regulations of Communist Party of Vietnam, causing damage to the material interests and reputation of organizations and individuals.
b) Loosening leadership, directing the struggle against degradation in political ideology, self-evolution and self-transformation, allowing CPV members in CPV organizations to commit violations.
2. The first violation of the cases specified in Clause 1 of this Article causing serious consequences or the recidivism or one of the following violations shall be disciplined in the form of a warning:
a) Failing to implement or not fully implementing the guidelines and regulations of Communist Party of Vietnam, damaging the unity and solidarity within the Communist Party of Vietnam, finance and property of the Communist Party of Vietnam, the State, collectives and individuals.
b) Directing or orienting to give false information about the guidelines and regulations of Communist Party of Vietnam, and the State's laws.
c) Failing to take measures to prevent and promptly handle CPV members in CPV organizations who have acts of inciting ideological discontent, opposing internally, opposing the Communist Party of Vietnam, the State and the regime.
3. Violations in one of the following cases, causing particularly serious consequences, shall be disciplined in the form of dissolution:
a) Neglecting the leadership role of the Communist Communist Party of Vietnam of Vietnam.
b) Having guidelines, regulations or documents or documents with contents that refute, negate or distort Marxism-Leninism, Ho Chi Minh's thought, guidelines and regulations of the Communist Party of Vietnam.
c) Organizing activities against the guidelines and regulations of the Communist Party of Vietnam; distorting facts, distorting history.
d) Having advocates or acts of linking, colluding with hostile forces, reactionaries, opportunist elements, political discontent to store, distribute, sell, and spread ideas and views on create; mobilize, propagate, organize and gather forces to oppose the Communist Party of Vietnam and State.
dd) Demanding for the implementation of pluralism, multi-Communist Party of Vietnam, separation of powers, civil society, and de-politicization of the armed forces; distort the line of all-people national defense, people's security and foreign policy of the Communist Party of Vietnam and State.

According to the above regulations, when the CPV organization violates the guidelines and regulations of the Communist Party of Vietnam, it will be based on what the violation is and the severity of the violation to decide to apply disciplinary sanctions. The CPV organization law is to reprimand or warn or dissolve the CPV organization.

How long is the time limit for disciplining CPV organizations that violate the guidelines and regulations of Communist Party of Vietnam?

Pursuant to Article 4 of Regulation 69-QD/TW in 2022 stipulates as follows:

Time limit for discipline
1. The statute of limitations for discipline is the time limit specified in this Regulation, upon the expiration of which, the violating CPV organization or member shall not be disciplined.
2. The statute of limitations for discipline is counted from the time of occurrence of the violation until the competent CPV organization concludes that the violation is serious enough to require disciplinary action. If the CPV organization or CPV member commits a new violation within the time limit specified at Points a and b of this Clause, the disciplinary statute of limitations for the old violation shall be recalculated from the time of occurrence of the new violation. .
a) The statute of limitations for disciplining violating CPV organizations is as follows:
- 5 years (60 months) for violations to the extent that a reprimand is imposed.
- 10 years (120 months) for violations to the extent that a warning must be applied.
- Failure to apply the disciplinary statute of limitations for violations to the extent that disciplinary action must be taken; violations of internal politics; on national defense, security and foreign affairs infringing upon the national interests.
b) The statute of limitations for disciplining CPV members in violation is as follows:
- 5 years (60 months) for violations to the extent that a reprimand is imposed.
- 10 years (120 months) for violations to the point of warning or dismissal.
- Failure to apply the disciplinary statute of limitations for violations to the extent that expulsion is required; internal political violations; national defense, security or foreign affairs violations that infringe upon the interests of the nation or nation; illegal use of diplomas, certificates or certifications.

Thus, for CPV organizations that violate the guidelines and regulations of the Communist Party of Vietnam and apply the form of disciplinary punishment and reprimand, the statute of limitations for discipline is 5 years; for warning, the statute of limitations for discipline is 10 years and not applicable. use the disciplinary statute of limitations for violations subject to the disbandment of the CPV organization.

Guideline 05/HD-UBKTTW in 2022 takes effect from November 22, 2022.

LawNet

The latest legal advice
Related topics
MOST READ
{{i.ImageTitle_Alt}}
{{i.Title}}