Guidance 05-HD/UBKTTW of Vietnam guides Regulation 69 on how to discipline Communist party members and Communist party organizations in Vietnam?
How to guide communist party organizations to discipline violations?
Pursuant to Section II of Guidance 05-HD/UBKTTW of Vietnam in 2022, there are instructions on how to identify a number of violations when disciplining Communist party organizations in Vietnam as follows:
(1) Violating the guidelines and regulations of the Communist party (Article 8 of Regulation 69-QD/TW in 2022)
- Failing to develop an implementation program or plan or having one but not implementing it; not 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 Communist party organizations to be in charge of fields and areas to direct, urge, inspect and supervise the performance of subordinate communist party organizations and communist party members under their management.
(2) Violating the promulgation and organization of implementation of the Communist party's guidelines and regulations and the State's laws (Article 9 of Regulation 69-QD/TW in 2022)
- Failing to specify the organization of study, mastering and implementing the guidelines and regulations of the Communist party and the State's laws related to the field of work, functions and tasks of localities and agencies. , units into plans, action plans and guiding documents according to regulations.
- Failing to clearly assign tasks to organizations and individuals for implementation; failing to organize the inspection and supervision of the implementation; without preliminarily summarizing, summarizing and evaluating performance results.
(3) Violating the principles of organization and operation of the Communist party (Article 10 of Regulation 69-QD/TW in 2022)
- Failing to take the leadership role, causing internal disunity, reducing the will to fight in the following cases:
- Conflicts between communist party members and members of the communist party organization to the point of division, factions, confrontation, defamation of honor, fabricated accusations, mutual slander, jealousy, failure to hold leadership meetings according to the law.
- Struggle with self-criticism and non-constructive criticism, see right not defend, wrong do not fight, for local interests, "group interests" or destroy the spirit of self-criticism and self-criticism .
(4) Violations against regulations on crime prevention and control (Article 19 of Regulation 69-QD/TW in 2022)
- Failing to direct the handling of Communist party members of their organizations when detecting violations of the law on prosecution, investigation, prosecution, trial, judicial expertise, and asset valuation in criminal proceedings; consider amnesty, amnesty, judgment enforcement, reduction of the prison term, early release of prison, and application of preventive measures.
- Directing or directly developing and collecting documents, documents, dossiers and evidences against the nature of the case or case that have already occurred or improperly implementing the principles, processes and procedures in order to change direction of investigation, falsify case files or case files to fall into crime or mitigate consequences of violations in order to get sentence reduction, amnesty, amnesty, or early release from prison.
- Directing procedure-conducting agencies to carry out investigation, prosecution and adjudication activities in contravention of regulations, or directing to falsify case files or cases to cover up wrongdoings of relevant organizations and individuals.
- Directing subordinates or officials directly performing tasks to intentionally falsify case files or cases to obstruct the investigation, prosecution and adjudication process in order to cover up or abet criminals.
Guidance 05-HD/UBKTTW of Vietnam guides Regulation 69 on how to discipline Communist party members and Communist party organizations in Vietnam?
How to apply disciplinary sanctions against Communist party members who violate?
Pursuant to subsection 1, Section III, Guidance 05-HD/UBKTTW of Vietnam in 2022, which guides the application of disciplinary sanctions to dismissal for Communist party members holding positions who commit the following violations:
Communist party members holding positions are disciplined according to the provisions of Clause 2, Articles from Article 25 to Article 56 of Regulation 69-QD/TW in 2022, shall be considered for dismissal discipline in the following violations:
- Have been disciplined but re-offend
- Violations within the assigned scope or field of expertise; knowing wrong and still committing violations or allowing violations to occur at the organizations, agencies or units they lead or manage but fail to take timely preventive measures, causing serious consequences.
- Has been rectified by the superior communist party organization, reminded, requested to be remedied, learned from experience but still allowed the violation to continue.
Disciplinary dismissal of one, several or all positions in the Communist party shall be based on the nature, extent and consequences of the violation for consideration and decision.
How to determine the statute of limitations for disciplining Communist party members and organizations that commit violations?
Pursuant to Article 4 of Regulation 69-QD/TW of Vietnam in 2022 stipulating the statute of limitations for disciplining Communist party members and Communist party organizations that commit violations 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 communist party 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 communist party organization concludes that the violation is serious enough to require disciplinary action. If the communist party organization or communist party 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 communist party 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 communist party 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.
According to subsection 3, Section I, Guidance 05-HD/UBKTTW of Vietnam in 2022, guiding the determination of the statute of limitations for disciplining Communist party members and Communist party organizations that commit violations as follows:
3. Statute of limitations (Article 4)
3.1. The time of the violation must be considered, clarified and concluded by the competent communist party organization.
a) For a violation, the time of termination of the violation can be determined, the statute of limitations shall be counted from the time of termination.
b) For violations without determining the time of termination of violations, the statute of limitations is counted from the time of detecting violations.
3.2. The statute of limitations for disciplinary action for:
a) Time limit for consideration and disciplinary action for the cases specified at Points a, b and d, Clause 14, Article 2 of Regulation No. 69-QD/TW.
b) Time for investigation, prosecution and trial according to criminal procedures (if any).
According to the above regulations, for violations that can be determined when the violation stops, the statute of limitations is counted from the time of termination of the violation act.
For violations without determining the time of termination of violations, the statute of limitations is counted from the time of detecting violations.
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