Vietnam: What are the principles of discipline for CPV members? How long is the limitation period for discipline for CPV members?
Vietnam: What are the principles of discipline for CPV members?
Pursuant to Article 2 of Regulation 69/QD-TW in 2022 of the Central Executive Committee, it is prescribed as follows:
Principles of discipline
1. All CPV organizations and CPV members are equal before the Communist Party of Vietnam's discipline. CPV organizations and CPV members that violate the guidelines and regulations of the Communist Party of Vietnam and the laws of the State must consider and enforce discipline in a fair, accurate and timely manner.
2. Discipline enforcement must comply with the principles, processes, procedures and authority according to the Communist Party of Vietnam's regulations.
3. When considering discipline, it must be based on the contents, motives, nature, extent, consequences, causes of violations, specific circumstances, aggravating or mitigating circumstances, consciousness and self-criticism, receiving criticism and the results of correction and overcoming of defects, violations and consequences caused.
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14. In case of not disciplined, no or exempt from discipline:
a) A female CPV member who is pregnant, on maternity leave, raising a child under 12 months old, or a male CPV member (in case his wife dies or due to other objective or force majeure reasons) is raising a under 12 months old child are not considered for discipline.
b) CPV members who are seriously ill while undergoing inpatient treatment at the hospital will not be disciplined. Only when their health is stable (discharged from the hospital) will they be disciplined.
c) Violating CPV members have died, the CPV organization shall consider and draw conclusions but do not decide on discipline action, unless there is a particularly serious violation.
d) CPV members who are declared missing, if detecting violations, still have to consider and draw conclusions but have not yet been disciplined.
dd) CPV members implement the proposal on innovation and creativity according to Conclusion No. 14-KL/TW, dated September 22, 2021 of the Politburo, approved by the competent authority, but damage occurs. competent authorities clearly identify objective and subjective causes, make an objective and comprehensive assessment; if the policy has been properly implemented, with a pure motive, for the common good, the discipline shall be exempted or the responsibility reduced.
e) Violations are caused by complying with wrong guidelines, decisions or orders of the organization or superior or by being coerced but proactively and promptly reporting in writing to the competent organization or agency. their opinions and suggestions before implementation are exempt from discipline.
Accordingly, the principle of disciplining CPV members who commit violations is prescribed as follows.
Vietnam: What are the principles of discipline for CPV members? How long is the limitation period for discipline for CPV members? (Image from the Internet)
Vietnam: What are the consequences of violations caused by CPV members?
Pursuant to Clause 5, Article 3 of Regulation 69/QD-TW in 2022 of the Central Committee, the consequences of violations caused by CPV members are as follows:
- Violation causing less serious consequences: is a violation of small nature, extent and harm, adversely affecting the reputation of oneself and the CPV organization, agency or unit where the CPV member lives and works.
- Violation causing serious consequences: is a violation of great nature and degree of harm, causing bad public opinion among cadres, CPV members and the people, and reducing the prestige of themselves and CPV organizations and agencies, the unit where CPV members live and work.
- Violation causing very serious consequences: It is a violation of great nature and degree of harm, causing bad public opinion, very urgent among cadres, CPV members and people, and discrediting oneself and the people. CPV organizations, agencies and units where CPV members live and work.
Vietnam: How long is the limitation period for discipline for CPV members?
Pursuant to Article 4 of Regulation 69/QD-TW in 2022 of the Central Executive Committee, it is prescribed as follows:
Limitation period for discipline
1. The statute of limitations for discipline is the time limit specified in this Regulation, upon the expiration of which, the violating CPV 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 CPV organization concludes that the violation is serious enough to require discipline action. If the CPV organization or CPV member commits a new violation within the time limit specified at Points a and b of this Clause, the discipline 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 CPV 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 discipline statute of limitations for violations to the extent that discipline 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 CPV 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 a discipline 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.
According to the above provisions, CPV members who commit violations are handled by signing the law in the form of reprimand, the statute of limitations for disciplining CPV members will be 5 years from the date of violations.
For CPV members who commit violations and are disciplined in the form of reprimand or dismissal, the statute of limitations for CPV members will be 10 years from the date of occurrence of the violation.
Particularly for violations of CPV members subject to the discipline of expulsion from the Communist Party of Vietnam, the statute of limitations for disciplining CPV members will not apply.
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