Under which circumstances is the expulsion of a member from the Communist Party membership list applicable? What are the authorities' procedures for reviewing and recommending the removal of a member from the Communist Party?
Under what circumstances can a Communist Party member be removed from the list of Party members? What are the procedures and authority for considering and recommending the removal of a Party member?
Based on Clause 1, Article 8 of the 2011 Communist Party of Vietnam Charter, the following is stipulated:
Article 8.
1. A Party member who abandons the Party cell activities or does not pay party fees for three months in a year without a legitimate reason; a Party member whose fighting spirit diminishes, does not fulfill the duties of a Party member, and has been educated by the Party cell but does not improve, will have their case considered by the Party cell, which will propose to the competent authority to remove their name from the membership list.
The above content is further guided by sub-section 8.1 of Section 8 in Regulation 24-QD/TW of 2021 as follows:
Removal of Party members and resolution of complaints regarding the removal of Party members
8.1. Removal of Party members.
The Party cell considers and proposes to the competent Party committee to decide on the removal of the following cases from the membership list: Party members who abandon Party activities or do not pay Party fees for three months in a year without a legitimate reason; Party members who voluntarily return their Party membership card or destroy it; Party members whose fighting spirit diminishes, do not fulfill the duties of Party members, have been educated by the Party cell but do not improve after 12 months; Party members who violate the code of conduct for two consecutive years; Party members who do not meet the political standards stipulated by the Politburo.
Thus, according to the above regulations, a Communist Party member can be removed from the list of Party members in the following cases:
- Abandoning Party activities or not paying Party fees for three months in a year without a legitimate reason;- Voluntarily performing one of the two actions: returning the Communist Party membership card or destroying it;- Diminishing fighting spirit, not fulfilling the duties of a Communist Party member, having been educated by the Party cell but not improving after 12 months;- Violating the code of conduct for two consecutive years;- Not meeting the political standards as stipulated by the Politburo.
In any of the above cases, the Party cell will consider and propose to the competent Party committee to decide on removing the member from the Communist Party membership list.
Under what circumstances can a Communist Party member be removed from the list of Party members? What are the procedures and authority for considering and recommending the removal of a Party member?
What are the current procedures for removing a Party member from the list of Party members?
Based on sub-section 11.1 of Section 11 in Guidance 01-HD/TW of 2021 on specific issues implementing the Charter of the Communist Party issued by the Central Committee, as follows:
11. Removal of Party members from the membership list and Party members' resignation from the Party
11.1. Procedure for removing a Party member from the membership list.
a) The Party member prepares a self-criticism report and presents it before the Party cell. In case the Party cell executive committee requests for the third time but the Party member does not write a self-criticism report or does not attend the meeting, the Party cell will still consider and handle the case.
If the Party member intentionally does not write a self-criticism report as requested by the Party cell, the Party cell immediately proceeds with the process of proposing the removal of the Party member.
b) The Party cell, section Party committee (if any), grassroots Party committee, and competent authority consider the removal of the Party member and carry out the review procedures as guided in Point 4.6, Section 4 of this Guidance.
c) Resolution of complaints regarding the removal of a Party member:
To be handled according to the regulations of the Central Committee.
Referring to sub-section 4.6 of Section 4 in Guidance 01-HD/TW of 2021, the procedure for removing a Communist Party member from the list of Party members involves the following steps:
| Procedure | Content || --- | --- || Step 1: Consideration by the Party cell | If at least 2/3 of the official Party members agree to the removal, the Party cell passes a resolution and reports to the superior Party committee. || Step 2: Consideration by the grassroots Party executive committee | If at least 2/3 of the Party committee members agree to the removal, the Party committee passes a resolution and reports to the competent authority. || Step 3: Consideration by the Standing Committee of the competent authority that admits Party members | If at least 1/2 of the members agree to the removal, the Standing Committee of the competent authority decides to remove the name of the Party member from the membership list. || Step 4: The authorized grassroots Party committee decides on the removal | If at least 2/3 of the incumbent Party committee members agree, the authorized grassroots Party committee decides on the removal. |
Can Communist Party members appeal the decision to remove them from the list of Party members?
Pursuant to Clause 2, Article 8 of the 2011 Communist Party of Vietnam Charter, Party members have the right to appeal the decision to remove them from the membership list within 30 working days from the date of receiving the removal decision. The Party cell reports to the competent authority for review.
According to sub-section 8.2 of Section 8 in Regulation 24-QD/TW of 2021, the resolution of complaints regarding the removal of a Party member is conducted as follows:
- The Party member has the right to appeal to the superior Party committee up to the Central Secretariat of the Communist Party.- The organizational body of the Party committee assists in resolving the appeal.
The time frame for resolving appeals is stipulated as follows:
+ For provincial, district, and equivalent levels: The resolution period is no more than 90 working days from the date of receiving the appeal;+ For the Central level, the resolution period is no more than 180 working days from the date of receiving the appeal.
Note the following two points:
- Appeals will not be resolved if:+ More than 30 working days have passed since the Party member received the removal decision;+ The case of removal has been reviewed and concluded by the highest competent authority;+ The appeal is made on behalf of another person;+ The appeal is made before the removal decision has been issued by the competent authority of the Party committee.
- The resolution of complaints regarding the removal of Party members overseas follows separate regulations.
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