What are the aggravating circumstances for disciplinary measures against party organizations in Vietnam according to current regulations?
What are the aggravating circumstances for disciplinary measures against party organizations in Vietnam according to current regulations?
In addition to mitigating circumstances for disciplinary measures, Article 6 of Regulation 69/QD-TW 2022 of the Central Executive Committee stipulates the aggravating circumstances as follows:
Aggravating circumstances for disciplinary measures
In cases of violations with one or more of the following circumstances, the disciplinary measures must be considered and aggravated:
1. For party organizations
a) Failing to promptly rectify or correct defects or violations as per the conclusions of the party organization or the competent authority; not voluntarily admitting the defects or violations.
b) Suppressing whistleblowers, witnesses, or those providing evidence of the violations; obstructing, making difficulties, or hindering the process of verification, investigation, and collection of evidence; covering up or concealing violations.
c) Providing false information or reports; threatening or coercing others not to provide evidence or documents; not providing or providing insufficiently, destroying related documents and evidence; fabricating files, documents, or evidence.
d) Exploiting emergency situations, natural disasters, fires, epidemics, social security policies, and national defense and security for personal gain.
dd) Committing violations for the second time or more, systemically, or continuing violations despite disciplinary actions; deliberately delaying or prolonging the process of handling, rectifying, or complicating the situation in the organization, agency, or unit.
e) Knowing but not preventing or allowing serious consequences of corruption and negative activities by officials and communist party members directly under their management.
2. For communist party members
a) Having been requested for self-review by the party organization but not complying, not rectifying defects or violations. Not voluntarily admitting the defects or violations, disciplinary measures corresponding to the content, nature, and level of violations; causing material damage that requires compensation but failing to compensate, not rectifying the consequences, or rectifying not as required by the competent authority, not voluntarily returning money or assets obtained from violations.
b) Counteracting, evading, obstructing the process of inspection, supervision, audit, investigation, prosecution, trial, and judgment enforcement. Covering up the violator; threatening, suppressing, retaliating against whistleblowers, witnesses, and those providing materials, evidence of violations.
c) Committing organized violations, being the mastermind; providing false information or reports; preventing others from providing evidence of violations; concealing, altering, destroying evidence, fabricating documents, files, and evidence.
d) Exploiting positions, powers, emergency situations, natural disasters, fires, epidemics, and implementing social security policies and national defense and security for personal gain. Coercing, persuading, organizing, aiding others to violate.
Party organizations that violate and exhibit one or more of the following behaviors and circumstances will be deemed to have aggravating circumstances for disciplinary measures against them:
- Failing to promptly rectify or correct defects or violations as per the conclusions of the party organization or the competent authority; not voluntarily admitting the defects or violations.
- Suppressing whistleblowers, witnesses, or those providing evidence of the violations; obstructing, making difficulties, or hindering the process of verification, investigation, and collection of evidence; covering up or concealing violations.
- Providing false information or reports; threatening or coercing others not to provide evidence or documents; not providing or providing insufficiently, destroying related documents and evidence; fabricating files, documents, or evidence.
- Exploiting emergencies, natural disasters, fires, epidemics, social security policies, and national defense and security for personal gain.
- Committing violations for the second time or more, systemically, or continuing violations despite disciplinary actions; deliberately delaying or prolonging the process of handling, rectifying, or complicating the situation in the organization, agency, or unit.
- Knowing but not preventing or allowing serious consequences of corruption and negative activities by officials and communist party members directly under their management.
What are the aggravating circumstances for disciplinary measures against party organizations in Vietnam according to current regulations? (Image from the Internet)
What are the disciplinary measures against violating party organizations in Vietnam?
Under Article 7 of Regulation 69/QD-TW 2022 of the Central Executive Committee:
Disciplinary measures
1. For party organizations: Reprimand, warning, dissolution.
2. For official communist party members: Reprimand, warning, demotion (if holding a position), expulsion.
3. For provisional communist party members: Reprimand, warning.
Thus, 03 disciplinary measures against violating party organizations in Vietnam include reprimand, warning, and dissolution.
What are the mitigating circumstances for disciplinary measures against party organizations in Vietnam?
Article 5 of Regulation 69-QD/TW in 2022 provides for mitigating circumstances in the discipline of communist party members as follows:
Mitigating circumstances for disciplinary measures
In case of violations involving one or more of the following circumstances, the disciplinary level shall be considered to be mitigated:
1. For party organizations
a/ Proactively and promptly report violations to superior Party organizations, take a serious review attitude, voluntarily admit shortcomings and violations and take disciplinary measures commensurate with violations.
b) Take initiative in providing information, documents and evidences fully and truthfully reflecting violations.
c) Take initiative in terminating violations and fundamentally and promptly remedy consequences caused by violations of their organizations before and during the inspection and supervision process.
d/ Assist competent party organizations in examining, examining and handling accurately and promptly violating organizations and individuals.
2. For communist party members
a/ Proactively report their violations to the Party organization, voluntarily accept personal responsibility for their shortcomings and violations and take disciplinary measures commensurate with the contents, nature and seriousness of violations before and during the inspection and supervision process.
b) Take the initiative in providing information, dossiers and documents, fully and honestly reflecting on co-violators.
c) Proactively terminate violations, actively participate in preventing violations; voluntarily pay corrupt assets, pay compensation for damages and remedy consequences caused by themselves.
d) Committing violations when implementing policies or piloting innovation or creativity permitted by competent authorities according to regulations, not falling into the cases specified at Point dd, Clause 14, Article 2 of this Regulation.
According to the above regulations, the mitigating circumstances for disciplinary measures against violating party organizations are as follows:
- Proactively and promptly report violations to superior Party organizations, take a serious review attitude, voluntarily admit shortcomings and violations and take disciplinary measures commensurate with violations.
- Take initiative in providing information, documents and evidences fully and truthfully reflecting violations.
- Take initiative in terminating violations and fundamentally and promptly remedy consequences caused by violations of their organizations before and during the inspection and supervision process.
- Assist competent party organizations in examining, examining and handling accurately and promptly violating organizations and individuals.
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