Restoration of Rights for Party Organizations and Members Wrongfully Disciplined: Procedures and Processes
Restoration of Rights for Unjustly Disciplined Communist Party Organizations and Members
Based on Article 12 of Regulation 117-QD/TW 2023, the restoration of rights for unjustly disciplined Communist Party organizations and members is carried out as follows:
(1) For Communist Party organizations:
- In the case of party organizations disciplined with reprimand or warning, the competent party organization shall re-evaluate annual and term-based classifications; review awards and periodic or ad-hoc commendations as appropriate.
- In the case of party organizations disciplined with dissolution, the competent party organization shall direct re-establishment, appoint interim executive personnel, and organize congresses according to regulations (if conditions allow).
- In cases of party organizations that have ceased activity, dissolved, transferred, split, or merged, the competent party organization shall re-evaluate annual and term-based classifications; review awards and periodic or ad-hoc commendations as appropriate and notify the successor or receiving organization.
(2) For Communist Party members:
- Where a party member has been disciplined with reprimand or warning, their rights will be restored according to regulations (evaluations, planning conditions, appointments, salary increases, commendations, etc.).
- Where a party member has been disciplined with dismissal from office or has resigned or been removed from office, the competent party organization will consider restoration based on the standards, conditions, and actual situation of the organization, locality, or unit.
- Where a party member has been expelled or left the party, the competent party organization can restore membership, restore party member rights, or recognize the individual as a member (if an application is submitted). Party membership duration is calculated continuously, including the period of unjust discipline (in cases of expulsion).
Organizations and units will place members in appropriate positions based on actual conditions. If standards and conditions for re-appointment are not met, the member will be retired with benefits as stipulated by policy.
- The competent organization shall restore legal rights for party members regarding training, planning, introducing for candidacies, appointments, salary grades, and allowances. They should also evaluate and award or posthumously award honors as per regulations.
How are rights restored for unjustly disciplined Communist Party organizations and members? What are the procedures? (Image from the internet)
Procedures for Restoring Rights of Unjustly Disciplined Communist Party Organizations and Members
Based on Article 10 of Regulation 117/QD/TW 2023, the procedures for restoring rights of unjustly disciplined Communist Party organizations and members are as follows:
Step 1: Immediately after issuing conclusions or decisions identifying unjust discipline, the party organization must send documents to relevant organizations and individuals as per regulations.
Step 2:
- Within 30 days of receiving the conclusions or decisions from competent authorities, the unjustly disciplined organization or party member must send a written request for apology and restoration of rights to the party organization that issued the unjust discipline.
- Within 60 days of receiving the conclusions or decisions on unjust discipline, the party organization that issued the unjust discipline must:
+ Notify in writing the unjustly disciplined organization or party member (or family members) about the apology and restoration of rights.
+ Revoke the unjust discipline decision and send to the organization where the party member is working to revoke and annul administrative and collective discipline decisions (if any).
+ Restore rights or propose competent authorities restore rights of the unjustly disciplined organization or party member.
Step 3: Within 30 days of receiving the request from the party organization that issued the unjust discipline, competent authorities will restore rights according to regulations.
Cases Where Unjustly Disciplined Communist Party Members Are Not Apologized to or Have Rights Restored
Based on Article 5 of Regulation 117-QD/TW 2023, the regulations are as follows:
Cases Where Apology and Restoration of Rights Are Not Conducted
Communist Party members unjustly disciplined will not be apologized to or have their rights restored in the following cases:
1. After being unjustly disciplined did not maintain the dignity, quality, and standards of a party member or committed violations resulting in discipline.
2. Took the blame for another, leading to unjust discipline.
3. Refused the apology and restoration of rights.
4. Voluntarily ceased party activities.
5. Did not perform or improperly performed the rights and responsibilities of a party member as stipulated in Article 8 of this Regulation.
Thus, based on the above regulations, there are 5 cases where unjustly disciplined party members are not apologized to or have their rights restored as follows:
- After being unjustly disciplined did not maintain the dignity, quality, and standards of a party member or committed violations resulting in discipline.- Took the blame for another, leading to unjust discipline.- Refused the apology and restoration of rights.- Voluntarily ceased party activities.- Did not perform or improperly performed the rights and responsibilities of a party member as stipulated in Article 8 of Regulation 117-QD/TW 2023.
In Article 8 of Regulation 117-QD/TW 2023, unjustly disciplined party members have the following rights and responsibilities:
- Request (in writing) authorities to review, conclude, and guide the apology and restoration of legal rights and benefits.- Provide promptly, fully, and truthfully information, documents, and evidence related to the unjust discipline at the request of the competent party organization.- Coordinate in performing procedures related to resolving unjust discipline.
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