Vietnam: How to discipline Communist party members who organize gambling in any form?

How to discipline Communist party members who organize gambling in any form? - Question of Mr. Chau (Vinh Long)

How to discipline Communist party members who organize gambling in any form?

Pursuant to Point dd, Clause 3, Article 49 of Regulation 69-QD/TW of Vietnam in 2022 stipulating as follows:

Violation of regulations on prevention and combat of social evils
...
3. In case of violation of Clauses 1 and 2 of this Article causing very serious consequences or in one of the following cases, the discipline shall be in the form of expulsion:
a) Organizing the production, sale, circulation or distribution of cultural products with prohibited or harmful contents.
b) Illegally producing, storing, trading, transporting or illegally using narcotic substances.
c) Using illegal debt collection in any form.
d) Organizations harboring and brokering prostitution; organize prostitution activities; prostitution protection; taking advantage of the service business for prostitution.
dd) Initiating, organizing and gambling in any form or having already been handled for gambling acts but continues to re-offend.

Thus, Communist party members in Vietnam who commit acts of instigating, initiating or organizing gambling in any form, who have been sanctioned but still repeat the offense, shall be disciplined in the form of expulsion from the Communist party.

Vietnam: How to discipline Communist party members who organize gambling in any form?

Vietnam: How to discipline Communist party members who organize gambling in any form?

How long is the statute of limitations for disciplining a communist party member with expulsion?

Pursuant to Point b, Clause 2, Article 4 of Regulation 69-QD/TW of Vietnam in 2022 stipulating as follows:

Statute of limitations for discipline
1. The statute of limitations for discipline is the time limit specified in this Regulation, upon the expiration of which, the violating communist 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 communist party organization concludes that the violation is serious enough to require disciplinary action. If the communist party organization or communist 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 communist party organizations is as follows:
- 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 communist party members in violation is as follows:
- 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, the statute of limitations will not apply to Communist party members in Vietnam who are disciplined by expulsion.

Therefore, Communist party members who have organized gambling behavior, have been disciplined but re-offend, will not be subject to the statute of limitations for discipline.

Are communist party members in a communist party organization responsible when the communist party organization is disciplined?

Pursuant to Clause 8, Article 2, Regulation 69-QD/TW of Vietnam in 2022 stipulates as follows:

Principles of discipline
...
8. Discipline of the communist party organization must clearly consider the responsibility of the organization, and at the same time consider the responsibility of each individual involved in order to discipline communist party members who violate, especially the responsibility of the head.
Communist party members in a disciplined communist party organization must take responsibility for the content of the violation and the form of discipline of that communist party organization and must record it in the communist party member's resume; Communist party members who are not personally disciplined will still be considered by the competent communist party organization and perform cadre work according to regulations. Communist party members who do not agree with or are not directly related to violations of the communist party organization must also clearly state it in the communist party member's resume.

Thus, when a communist party organization is disciplined, it must clearly consider the responsibility of the organization, and at the same time consider the responsibility of each relevant individual to discipline the violating communist party members, especially the responsibility of the leader.

Communist party members who are not personally disciplined are still considered by the competent communist party organization to carry out cadre work according to regulations.

Communist party members who do not agree with or are not directly related to violations of the communist party organization must also clearly state it in the communist party member's resume.

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