Regulation 69-QD/TW in 2022 of Vietnam: More cases of undisciplined or not, exemption from the discipline of Party members and Party organizations from July 6, 2022?
- How are the cases that have not been considered, disciplined, and not disciplined according to the previous regulations in Vietnam?
- More cases of not being disciplined or not, exempted from the discipline of Vietnamese Communist Party members and Party organizations in Regulation 69-QD/TW from July 6, 2022?
- When is the statute of limitations for Party members and Vietnamese Communist Party organizations?
How are the cases that have not been considered, disciplined, and not disciplined according to the previous regulations in Vietnam?
According to Article 5 of Regulation, 102-QD/TW in 2017 guided by Guideline 04-HD/UBKTTW in 2018 stipulating the cases that have not been considered, disciplined and not disciplined Vietnamese Communist Party members are:
"Article 5. Cases that have not been considered, disciplined and not disciplined
(1) - Violated Vietnamese Communist Party members are pregnant, on maternity leave, are suffering from a serious illness or are losing their cognitive ability, are seriously ill and are being treated as inpatients at a hospital approved by a competent health authority. rights as prescribed by law (from the district level and above) have not been considered and disciplined.
- "Critical disease" is a disease that is dangerous to the life of the infected person as prescribed by a competent state agency.
- The time of not considering and handling the above discipline shall not be included in the statute of limitations for disciplining the Party.
(2) - Violated Vietnamese Communist Party member has died, the party organization considers, concludes, does not take disciplinary action, unless that party member violates the discipline especially seriously.
- If a Vietnamese Communist Party member dies, the inspection will not be carried out after detecting violations.
+ When examining or examining, or taking disciplinary action, if the violating party member dies, he/she only concludes and does not enforce the discipline.
+ In case a party member commits a particularly serious violation and dies, the examination, conclusion and disciplinary action will still be taken."
Regulation 69-QD/TW in 2022 of Vietnam: More cases of undisciplined or not, exemption from the discipline of Party members and Party organizations from July 6, 2022?
More cases of not being disciplined or not, exempted from the discipline of Vietnamese Communist Party members and Party organizations in Regulation 69-QD/TW from July 6, 2022?
According to Clause 4, Article 1 of Regulation 69-QD/TW in 2022, it stipulates:
- In case of not disciplined, no or exempt from discipline:
+ Vietnamese Communist Party member is a woman who is pregnant, on maternity leave, is raising a child under 12 months old, or a male party member (in case his wife dies or due to other objective or force majeure reasons) is raising a child under 12 months of age, disciplinary action has not been considered.
+ Vietnamese Communist Party members who are seriously ill and are undergoing inpatient treatment at the hospital will not be disciplined. Only when their health is stable (discharged from the hospital) will they be disciplined.
If a violating Vietnamese Communist Party member has died, the party organization shall consider and draw a conclusion, but not decide on discipline, unless there is a particularly serious violation.
+ If a Vietnamese Communist Party member is declared missing if a violation is detected, he/she must still consider and conclude but has not yet been disciplined.
+ Party members implement the proposal on innovation and creativity according to Conclusion No. 14-KL/TW, dated September 22, 2021 of the Politburo, with the permission of the competent authority, but if damage occurs, the agency will have the authority to clearly identify objective and subjective causes, to make an objective and comprehensive assessment; if the policy has been properly implemented, with a pure motive, for the common good, the discipline shall be exempted or the responsibility reduced.
+ Violations are caused by complying with wrong guidelines, decisions, or orders of the organization or superior or by being forced but actively and promptly reported in writing to the competent organization or agency for their opinions and suggestions before implementation are exempt from discipline.
When is the statute of limitations for Party members and Vietnamese Communist Party organizations?
Article 4 of Regulation 69-QD/TW in 2022, stipulates:
"Article 4. Statute of limitations
1. The statute of limitations for discipline is the time limit specified in this Regulation, upon the expiration of which, the violating 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 party organization concludes that the violation is serious enough to require disciplinary action. If the party organization or 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 party organizations are:
- 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 party members in violation are:
- 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, from July 6, 2022, the Central Committee of Vietnam has added cases of undisciplined or not, exempted from the discipline of Party members and Vietnamese Communist Party organizations in Regulation 69-QD/TW 2022.
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