What are the new points of Regulation 69-QD/TW on disciplining Party members in Vietnam compared to the previous Regulation 102-QD/TW?
- For the first time, there is a separate regulation on the discipline of Party members in Vietnam who have acts of running for office or for power?
- Supplementing regulations on disciplinary action for Party members in Vietnam living together as husband and wife with other people without registering their marriage?
- Party members in Vietnam who threaten to retaliate against witnesses for their violations will be disciplined?
- Supplementing regulations on disciplining Party members in Vietnam who encroach on public land for personal gain?
For the first time, there is a separate regulation on the discipline of Party members in Vietnam who have acts of running for office or for power?
Previously, the behavior of Party members in Vietnam running for office would be disciplined by means of expulsion from the Party prescribed by Point b, Clause 3, Article 11 of Regulation 102/QD-TW in 2017 as follows:
"Article 11. Violations in organization and cadre work
...
3- 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:
...
b) There is an act of running for positions, degrees, working positions or rotations; bribes themselves or others to be planned, appointed, rotated, rewarded, or changed working positions."
Accordingly, in the past, Party members in Vietnam act of running for office was only an act of being disciplined in violation of organizational and cadre work.
Moreover, the documents guiding the implementation of the Party member's discipline regulations do not provide much guidance on this act of running for office.
However, according to Regulation 69/QD-TW in 2022, the act of running for office and running for power has become a separate Disciplinary Article. Specifically, Article 30 of Regulation 69/QD-TW in 2022 provides as follows:
"Article 30. Violations against regulations on running for office, running for power
1. Party members who commit one of the following violations, causing less serious consequences, shall be disciplined in the form of reprimand:
a) Approaching, establishing relationships, giving gifts to responsible people, positions, powers or related people to receive favors and support for the purpose of obtaining working positions, positions and powers.
b) Influencing, bribing, pressuring persons with authority and responsibility in introducing or appointing themselves or others to positions or positions that are beneficial to the individual.
...
3. Discipline in the form of expulsion in case of violation of Clauses 1 and 2 of this Article, causing very serious consequences or giving or receiving bribes in order to arrange, appoint or appoint or arrange many cadres not meet the criteria, conditions that cause very serious consequences."
Accordingly, Regulation 69/QD-TW of 2022 separates the act of running for office and running for Party members in Vietnam rights into a separate disciplinary action. This is a new point compared to before.
What are the new points of Regulation 69-QD/TW on disciplining Party members in VIetnam compared to the previous Regulation 102-QD/TW? (Image from the internet)
Supplementing regulations on disciplinary action for Party members in Vietnam living together as husband and wife with other people without registering their marriage?
Previously, Party members in Vietnam would be disciplined when violating one of the regulations on marriage and family in Article 24 of Regulation 102-QD/TW 2017 as follows:
"Article 24. Violations against regulations on marriage and family
1- Party members who violate one of the following circumstances, causing less serious consequences, shall be disciplined in the form of reprimand:
a) Illegal marriage, divorce or child marriage.
b) Evading the obligation to care for and raise children, abusing the labor power of minor children.
..."
According to the previous regulations, Party members who violate the regulations on marriage and family in the above cases will be disciplined.
However, according to Regulation 69-QD/TW of 2022, the behavior of Party members in VIetnam living together as husband and wife with other people without marriage registration will be disciplined.
Specifically, Article 51 of Regulation 69-QD/TW in 2022 provides as follows:
"Article 51. Violations against regulations on marriage and family
1. Party members who commit one of the following violations, causing less serious consequences, shall be disciplined in the form of reprimand:
a) Interfering with marriage, divorce or child marriage.
b) Evading the obligation to care for and raise children, abusing the labor power of minor children.
c) Obstructing the person who does not directly raise the child to visit the child after the divorce (except for the case where the parent has restricted visitation rights according to the court decision).
d) Evading or failing to fulfill the guardianship obligation after completing the procedures for recognition of guardianship at a competent agency according to law.
d) Correcting, falsifying contents, forging papers for adoption registration.
e) Not registered for marriage or currently married but still living with another person such as husband or wife.
g) Violating the law on surrogacy.
..."
Accordingly, at present, if Party members do not register their marriage while living together as husband and wife, they will be disciplined according to the above provisions.
Party members in Vietnam who threaten to retaliate against witnesses for their violations will be disciplined?
Pursuant to Article 26 of Regulation 69-QD/TW of 2022, stipulating the discipline of Party members who violate the Party's principles of organization and operation as follows:
"Article 26. Violations against the Party's principles of organization and operation
1. Party members who commit one of the following violations, causing less serious consequences, shall be disciplined in the form of reprimand:
a) Lack of responsibility in observing the guidelines and regulations of the Party and laws of the State.
b) Being provoked, instigated, bribed, manipulated or coerced to participate in activities causing loss of democracy and internal unity.
c) Being instigated or manipulated to violate the Party's principles of organization and operation; violating the regulations on democracy, working regulations of the Party committees and organizations, and regulations of agencies, organizations and units where they work and live.
d) Threatening to take revenge or persecute people who question, give suggestions, criticize or denounce themselves or witnesses in any form.
dd) Failure to comply with the reporting, information and question-answering regime in accordance with regulations of the Party and State.
..."
According to the newly applied regulations, Party members who threaten to retaliate against witnesses for their violations will be disciplined according to the above provisions.
This is a new point that the previous regulations on disciplining Party members did not mention.
Supplementing regulations on disciplining Party members in Vietnam who encroach on public land for personal gain?
Pursuant to Article 42 of Regulation 69-QD/TW of 2022, which provides for disciplinary actions against Party members who violate regulations on management and use of land and housing as follows:
"Article 42. Violations against regulations on management and use of land and houses
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2. If a person has been disciplined according to Clause 1 of this Article but recidivism or first violation causes serious consequences or commits one of the following cases, the discipline shall be in the form of warning or dismissal (if there is a senior officer). ):
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e) Encroachment on public land for personal gain.
g) Colluding the buyer or seller to declare the transfer price of real estate or land use rights in order to evade taxes or reduce taxes, causing loss of state budget revenue.
3. 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:
a) Illegally changing the land use purpose, destroying the land.
b) Forging, cheating papers, falsifying dossiers of issuance of certificates of land use rights and house ownership.
c) Illegally deciding on land allocation, land lease or land recovery.
d) Promulgating documents for local interests or directing or organizing illegal enforcement and recovery of land."
Accordingly, at present, if Party members in Vietnam encroach on public land for profit or collude with buyers or sellers to declare land and house transfer prices in order to evade taxes or reduce payable tax amounts, they will be subject to expropriation. Disciplinary action in the form of warning or dismissal as prescribed above.
In addition, according to the previous regulations, Party members will be expelled from the Party for the act of granting a license to exploit natural resources and minerals in contravention of the law.
However, at present, Party members in Vietnam will only be disciplined when granting illegal exploitation of natural resources, causing very serious consequences according to point c, clause 3, Article 4 of Regulation 69-QD/TW in 2022.
Lê Nhựt Hào
