Decision No. 164-QD/TW on the Procedure for Handling Complaints Against Party Members Who Are Officials Under the Central Management.
The process of resolving allegations against party members who are officials managed by the Central Government consists of 3 steps: Preparation, Implementation, and Conclusion.
How is the preparation step for resolving allegations against party members who are officials managed by the Central Government conducted?
Based on Section I of the Procedure for resolving allegations against party organizations under the Central Government and party members who are officials managed by the Central Government, attached to Decision 164-QD/TW of 2024 dated June 6, 2024, by the Politburo, the preparation step is as follows:
(1) Establishing the allegation resolution team and creating an allegation resolution plan:
- The Central Inspection Committee (or the advising body assigned by the Standing Secretariat) will work with the complainant to clearly identify the complainant's identity and address, the accused party organization or party member, and the allegations; advise on forming the allegation resolution team (hereinafter referred to as the inspection team) and the allegation resolution plan.
- The Politburo, Secretariat issues the decision to establish the team and the resolution plan, based on the nature and content of the allegations to decide the head of the team, the composition, and the number of team members accordingly. The resolution plan should clearly define the objectives, requirements, content, subjects, timelines, methods, and duration of the proceedings... The time limit for resolving the allegations should not exceed 180 days from the date of issuance of the decision to establish the inspection team. If necessary, the resolution time can be extended but not beyond 60 days.
(2) The inspection team drafts the requirements outline for the accused party organization or party member to provide an explanatory report; plans the inspection team’s work schedule, operating regulations, and assigns tasks to each team member; and prepares the relevant documents and materials.
(3) The Office of the Central Communist Party ensures the budget and the necessary conditions to support the inspection team in performing their duties.
Decision 164-QD/TW on the process of resolving allegations against party members who are officials managed by the Central Government
How is the implementation step for resolving allegations against party members who are officials managed by the Central Government conducted?
Based on Section II of the Procedure for resolving allegations against party organizations under the Central Government and party members who are officials managed by the Central Government, attached to Decision 164-QD/TW of 2024, the implementation step is as follows:
(1) The inspection team or its representative implements the decision and resolution plan, agrees on a work schedule with the accused party organization or party member, and the managing party organization; requires the accused to prepare a report following the outline, provide files, documents, and directs related organizations or individuals to cooperate.
(2) The accused party organization or party member prepares a written explanatory report and relevant files; sends them to the Politburo, Secretariat (via the inspection team).
(3) The inspection team verifies and investigates:
- The inspection team reviews the reports, files, documents, and evidence received; conducts verification and investigation, works with the complainant, related organizations, individuals, and the accused party organization or party member.
During verification, the team meets and works directly with the complainant (if necessary) to clarify, supplement, and elucidate the allegations; guides the complainant on their rights and obligations; and implements protective measures for the complainant as per regulations. If content adjustments, timeline changes, evaluations, or technical expertise from other agencies are required, the team reports to the Politburo, Secretariat for direction.
- The team drafts a report on the investigation results.
If violations are clear, and the accused willingly accepts an appropriate disciplinary measure, the team leader reports to the Standing Secretariat to combine the disciplinary procedure with the allegation resolution (dual process).
If other violation signs are found during verification, the team leader reports to the Politburo, Secretariat for a decision to switch to a violation investigation or assigns the Central Inspection Committee for this purpose; integrates the allegation conclusion into the violation investigation report for an overall conclusion; and prepares the final allegation resolution file.
(4) Organizing a meeting to disclose the investigation results (the accused party organization or the direct managing party organization leads and records the meeting minutes):
- Participants: The inspection team, the accused party organization or member, and the managing party organization representative (the inspection team leader decides the leading party organization, meeting organization, and participants).
- Content: The inspection team presents the investigation report; the accused presents an explanatory statement and self-discipline options (if any); the meeting discusses, comments, and votes on disciplinary measures (if any).
(5) The inspection team continues to verify unclear or disputed content; completes the draft report.
(6) The inspection team cooperates with the Office of the Central Communist Party to report to the Standing Secretariat for the Politburo, Secretariat meeting schedule; sends the investigation report and files to Politburo, Secretariat members following the working regulations.
How is the conclusion step for resolving allegations against party members who are officials managed by the Central Government conducted?
Based on Section III of the Procedure for resolving allegations against party organizations under the Central Government and party members who are officials managed by the Central Government, attached to Decision 164-QD/TW of 2024 dated June 6, 2024, by the Politburo, the conclusion step is as follows:
(1) Politburo, Secretariat meeting consideration, and conclusion (if under the Central Communist Party's jurisdiction, the inspection team reports to the Politburo for direction before presenting to the Central Communist Party):
- Participants: Politburo, Secretariat, or Central Communist Party; representative inspection team; leadership from the Central Inspection Committee, Office of the Central Communist Party, Central Organization Committee, other Central Party agencies, and related parties.
- Content: The inspection team reports the investigation results; fully presents views from the accused party organization, member, the complainant, and related parties. The meeting discusses, concludes, and votes on disciplinary measures or proposes authority enact disciplinary measures (if dual process applies).
- The inspection team completes and issues the resolution and disciplinary decisions or reports for authority enactment signed by the Standing Secretariat.
(2) Delegates the inspection team to announce the resolution and disciplinary decision (if any) to the accused party organization, member, and related parties or to execute the disciplinary process (if any).
The inspection team representative cooperates with the Office of the Central Communist Party to inform the complainant of the resolution appropriately.
(3) The inspection team reviews the process, completes, and hands over the case file to the Office of the Central Communist Party for archiving as per regulations.
(4) Assigns the Central Inspection Committee to supervise, monitor the accused and related parties to enforce the resolution and disciplinary decisions (if any).
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