07:48 | 23/07/2024

Regulations by the Politburo on the Form of Apologizing to Organizations and Party Members Unjustly Disciplined

What is the form of apology for wrongly disciplined Party organizations and members as prescribed by the Politburo? Inquiry from Mr. T.D in Ha Giang.

What form is the apology to the wrongly disciplined party organization and party member stipulated by the Politburo?

Based on Article 11 of Regulation 117-QD/TW 2023, there are two forms of apology for wrongly disciplined party organizations and party members as follows:

(1) Organizing a public conference to apologize to the wrongly disciplined party organization and party member:

- Presiding over the conference:

+ Representative of the immediately higher party organization of the party organization that decided the wrongful discipline.

+ The party organization that decided the wrongful discipline or the party organization receiving a transfer, division, merger, or end of the operational mandate of the party organization that decided the wrongful discipline.

- Venue for the conference:

+ For the wrongly disciplined party organization: If reprimanded or warned, the apology is conducted at that party organization; if dissolved, the apology is conducted at the party organization directly managing it before dissolution; if it has ceased operations, dissolved, transferred, divided, or merged, the apology is conducted at the succeeding party organization.

+ For the wrongly disciplined party member: If the party member holds no position, the apology is conducted at the cell branch that managed or manages the party member or their residence; if the party member is an executive committee member, leader, or manager, the apology is conducted at the executive committee or standing committee directly managing the party member or at the party organization where the party member was a member; if the party member has died, lost legal capacity, or was declared missing by a court, the apology is conducted at the party organization that managed or manages the party member; if the disciplined party member has retired, resigned, or transferred, the apology is conducted at the party organization currently managing the party member.

- Components of the conference (decided by the party organization hosting the apology conference depending on each case):

+ Representative of the party organization that decided the wrongful discipline.

+ Representative of the party organization resolving, identifying, or authorized to address the wrongful discipline.

+ Representative of the wrongly disciplined party organization or party member (or a relative of the party member). If the disciplined party organization has dissolved or ceased operations, the invitation extends to the representative of the succeeding party organization.

+ Representative of the party organization managing the party member in the case where a disciplined party member has transferred party activities.

+ Representative of the leadership of the organization or unit where the wrongly disciplined party member is working; representative of the cell branch where the party member resides.

- Contents of the conference:

+ Announcement of the decision to annul the wrongful disciplinary decision; decision to restore operations for the dissolved party organization; decision to reinstate party membership for the excluded or erased party member due to wrongful discipline; decision to reinstate work position, title, leadership roles, and associated rights (if any).

+ The organizing entity records the conference minutes and submits a report to the party organization resolving or identifying the wrongful discipline within 5 days from the end of the conference.

(2) Publicly announcing the apology (media, electronic information pages…):

The organization that decided the wrongful discipline announces the apology content to its subordinate party organizations; publicly posts it in local media, electronic information platforms (if any), of the level where the party organization, wrongly disciplined party member resides or works.

What form is the apology to the wrongly disciplined party organization and party member stipulated by the Politburo? (Image from the internet)

Who are the subjects to whom the regulations on apology and restoration of rights of wrongly disciplined party organizations and party members apply?

According to Article 1 of Regulation 117/QD/TW 2023, the subjects to whom the regulations on apology and restoration of rights of wrongly disciplined party organizations and party members apply include:

- Wrongly disciplined party organizations (including those that have dissolved, ceased operations, changed due to transfer, division, or merger).

- Wrongly disciplined party members (including those who no longer participate in party activities, have died, lost legal capacity, or declared missing by the court).

- The party organization that decided the wrongful discipline (including the party organization resolving disciplinary complaints).

- The party organization resolving, identifying the wrongful discipline (executive committees, standing committees, inspection committees authorized to resolve decisions of the party organization that decided the wrongful discipline).

- All executive committees, party organizations, party members, organizations, and individuals involved.

What principles must be met in apologizing and restoring rights for wrongly disciplined party organizations and party members?

According to Article 3 of Regulation 117/QD/TW 2023, the principles that must be met for apologizing and restoring rights of wrongly disciplined party organizations and party members are as follows:

- Apologizing and restoring rights to wrongly disciplined party organizations and party members must be promptly, publicly, and objectively. The party organization that decided the wrongful discipline is responsible for organizing the apology and restoring rights.

- Apologizing and restoring rights to wrongly disciplined party organizations and party members is only done once when there is a conclusion or decision from the authorized level identifying the wrongful discipline.

- The party organization that decided the wrongful discipline must proactively, promptly report to the standing committee of the immediate higher executive committee or inspection committee; cooperate with related party organizations, agencies, units to conduct apologies and restore rights of party organizations and party members; decide to annul and retract the wrongful disciplinary decision; consider the responsibility of the party organization, party members advising and deciding the wrongful discipline.

- If the party organization that decided the wrongful discipline is dissolved, ceased operations, transferred, divided, or merged, the receiving party organization or the immediate higher party organization is responsible for apologizing and restoring rights of the wrongly disciplined party organizations and party members.

- For wrongly disciplined party members who have died, been declared missing by the court, or lost legal capacity, the party organization that decided the wrongful discipline organizes the apology to the party member's relatives. When the court annuls the decision of declaring loss of legal capacity or missing declaration, the party organization that decided the wrongful discipline considers restoring rights for the party member according to regulations.

- Material compensation and legitimate benefits for wrongly disciplined party organizations and party members are carried out according to the laws on state compensation.

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