What is wrongful discipline? How is the timeframe for organizing apologies and restoring rights for party organizations and members who have been wrongfully disciplined regulated?
What is Wrongful Discipline?
Pursuant to Clause 1 Article 2 of Regulation 117-QD/TW 2023, the Politburo stipulates that wrongful discipline is when a Communist Party organization or member does not violate the policies, regulations of the Communist Party, or the laws of the State, but the competent Party organization concludes there is a violation and enforces discipline.
What is Wrongful Discipline? What is the time limit for organizing apologies and restoring benefits for Communist Party organizations and members who were wrongfully disciplined?
How is the Form of Apology for Wronged Party Organizations and Members Regulated?
According to Article 11 of Regulation 117-QD/TW 2023, there are 2 forms of apologies for wronged Party organizations and members as follows:
(1) Organizing a public conference to apologize to the wronged Party organization or member:
- Organizing the conference:
+ Representative from the superior Party organization of the entity that decided the wrongful discipline.
+ The Party organization that decided the wrongful discipline or the Party organization that received the transfer, divided, merged, or concluded the term of the organization that decided the wrongful discipline.
- Conference venue:
+ For wronged Party organizations: The Party organization disciplined with a reprimand or warning will have the apology at their location; the Party organization dissolved will have the apology at the direct managing Party organization before dissolution; if the Party organization has ended its operation, dissolved, transferred, divided, merged, the apology will be at the inheriting Party organization.
+ For wronged Party members: Party member without a position will have the apology at the cell that managed the member or at their residence; if the Party member is a cadre, holds a leadership or management position, the apology will be at the managing committee or the direct managing department of the member; if the Party member has passed away, lost civil capacity, or been declared missing by the court, the apology will be at the managing Party organization; if the wronged Party member retired, transferred work, or transferred Party activities, the apology will be at the current managing Party organization.
- Conference participants (based on each situation):
+ Representative from the entity that decided the wrongful discipline.
+ Representative from the entity resolving and confirming the wrongful discipline or authorized Party organization.
+ Representative from the wronged Party organization, member (or family if deceased). If the wronged Party organization is dissolved, the representative from the inheriting entity is invited.
+ Representative from the current managing Party organization of the wronged member if they have transferred Party activities.
+ Leaders from the agency or unit where the wronged member works or from the residential cell of the member.
- Conference content:
+ Announcing the decision to cancel the wrongful discipline; reinstating activities for dissolved organizations; restoring party status for expelled members; reinstating job positions, titles, and related benefits (if any).
+ The organizing entity records the conference minutes and reports to the resolving entity within 5 days from the conference end.
(2) Public announcement of the apology (press, websites, etc.):
The entity that decided the wrongful discipline will publicly apologize through local press, its website, or the website of the current managing body of the wronged entity or member.
How Long is the Restitution Period for Wronged Party Organizations and Members?
Pursuant to Article 9 of Regulation 117/QD/TW 2023, it is regulated as follows:
Time Limit
1. Within 90 days from the date the competent authority concludes or decides that the Party organization or member was wrongfully disciplined, the implicated Party organization, related organizations, and individuals must apologize and restore benefits.
2. In case of force majeure (natural disasters, pandemics, etc.), the duration of such events is not counted within the time limit for apology and benefit restoration.
Thus, within 90 days from the date the competent authority concludes or decides that the Party organization or member was wrongfully disciplined, the implicated Party organization, related organizations, and individuals must apologize and restore benefits.
*Note: In case of force majeure (natural disasters, pandemics, etc.), the duration of such events is not counted within the time limit for apology and benefit restoration.
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