Vietnam: When will the Communist Party members be considered to violate anti-corruption and negative regulations under Regulation 69-QD/TW in 2022?
- When will the Communist Party members be reprimanded for violating anti-corruption and negative regulations in Vietnam?
- When will Communist Party members be dismissed for violating anti-corruption and negative regulations in Vietnam?
- When will Communist Party members be expelled from Communist Party of Vietnam for violating anti-corruption and negative regulations?
When will the Communist Party members be reprimanded for violating anti-corruption and negative regulations in Vietnam?
According to Clause 1, Article 39 of Regulation 69-QD/TW in 2022, it stipulates:
"Article 39. Violations against anti-corruption and negative regulations
1. Members of Communist Party of Vietnam who commit one of the following violations, causing less serious consequences, shall be disciplined in the form of reprimand:
a) Abuse of positions and powers to use money and assets of organizations and individuals under their direct management, contrary to regulations.
b) Fail to direct, inspect and urge the implementation of regulations on declaration and control of assets and income under their assigned responsibilities or improperly or inadequately comply with regulations on declaration and transparency of assets, income, explanation of changes in assets and source of additional assets.
c) Let go of leadership and management so that corruption and negativity occur in agencies, units and organizations under their direct charge without taking initiative in handling them.
d) Organize exchanges, tours, giving gifts to take advantage of or bribe the responsible person to issue decisions in contravention of regulations, in order to benefit themselves, their family or agencies, units or organization, the business.
d) Organize exchanges, parties and meetings to give and receive gifts with self-interest motives.
e) Plan, appointment, transfer, rotation, transfer of personnel for personnel who are in the process of inspection when there are signs of violations, consider disciplinary action, are recommended for handling violation according to the conclusion of examination, inspection, investigation or settlement of denunciations."
Vietnam: When will the Communist Party members be considered to violate anti-corruption and negative regulations under Regulation 69-QD/TW in 2022? (Image from the internet)
When will Communist Party members be dismissed for violating anti-corruption and negative regulations in Vietnam?
According to Clause 2, Article 39 of Regulation 69-QD/TW in 2022, it stipulates:
"Article 39. Violations against anti-corruption and negative regulations
...
2. If a person has been disciplined according to Clause 1 of this Article but recidivism or first violation causes serious consequences or commits one of the following cases, the discipline shall be in the form of warning or dismissal (if there is a senior officer):
a) Create conditions for spouses, fathers, mothers, children, daughters-in-law, sons-in-law, brothers, sisters, their own siblings or spouses or other people to carry out projects and conduct business in their respective fields, sectors and units directly under their control, illegally monitoring for profit-seeking purposes.
b) Use public funds of the State, collectives or money and properties of organizations, enterprises and individuals that contribute or sponsor to transact, offer bribes, bribe or use illegally.
c) Know without reporting, reflecting or handling corrupt and negative acts; failing to comply with regulations on protecting people against corruption and negativity.
d) Untruthful declaration, legalization of dossiers for land allocation against the right subjects and standards; colluding, making false statements, and raising compensation prices that are not true to reality to appropriate money from the State, organizations and individuals in compensation for ground clearance.
dd) Decide, approve or organize the implementation of investment projects in which corruption, waste or loss of assets and state budget occur; inefficient public investment; illegal spending of public funds.
e) Declare assets, explain changes in assets, source of assets, income dishonestly.
g) Cause serious corruption and negativity at agencies, units and organizations under their direct management.
h) Disclose information, threaten, take revenge, or punish people who reflect, denounce, denounce, report, provide information about corrupt or negative acts.
i) Take advantage of the reporting, denunciation, denunciation, reporting or providing information on corruption and negativity to slander agencies, organizations and individuals.
k) Ask another person to purchase real estate or valuable property in the name or in the name of another person in order to make a profit or conceal declaration of assets and income.
l) Direct and force subordinates to invest in the construction of traffic and public works near their homes that are not in accordance with the planning in order to make profit."
When will Communist Party members be expelled from Communist Party of Vietnam for violating anti-corruption and negative regulations?
According to Clause 3, Article 39 of Regulation 69-QD/TW in 2022, it stipulates:
"Article 39. Violations against anti-corruption and negative regulations
...
3. In case of violations specified in 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) Open an account to transfer money and assets abroad, buy and sell assets abroad in contravention of regulations; organize and participate in money laundering activities in any form.
b) Preside over, advise, propose, participate in promulgating regimes, policies, processes and procedures that are contrary to regulations to create group interests or local interests for the purpose of self-seeking.
c) Disperse assets to evade declaration of assets and income; deal with and obstruct the inspection, supervision and verification of assets and income.
d) Fail to direct and organize the recovery or obstruct the recovery of corrupt and negative assets.
d) Use draft conclusions on inspection, supervision, inspection and audit to threaten the subjects of inspection, supervision, inspection and audit for self-seeking purposes.
e) Direct administrative and economic handling of corrupt, negative acts, showing signs of crime or exempting from prosecution for illegal criminal liability for those who commit corruption and negative crimes.
g) Abuse or take advantage of positions and powers to cover up or collude with enterprises or other subjects to violate regulations or make profit; tolerate, cover up, abet corruption and negativity.
h) Give, receive or break bribes; brokers carry out administrative procedures or take advantage of their working positions to receive remuneration in any form contrary to regulations. Give or receive “commissions” or brokers giving or receiving “commissions” contrary to regulations. Interferences, eternal faucets when performing official duties.
i) Embezzle money and property, take advantage of social security policies and relief and rescue funds for corruption and negativity; take advantage of the establishment of funds to make profit.
k) Take advantage of positions and powers to advise, advise, appraise, approve, decide on bidding, appoint contractors or decide on investment, grant licenses, decide on the proportion of the State's capital in the project. enterprises, related to socio-economic, national defense and security projects and schemes, auctions of land and State assets for personal gain.
l) Abuse positions and powers to influence other people or forging in their work for personal gain; illegally use property of the Party, State and collectives for personal gain.
m) Take advantage of their assigned positions, powers, responsibilities and tasks to cover up or abet illegal acts; unlawfully obstruct or interfere with the examination, inspection, audit, investigation, prosecution, trial, judgment enforcement, amnesty, or sentence reduction for self-seeking purposes.
n) Fail to reimburse or hand over used or appropriated money and properties due to corruption. Do not actively recover or obstruct the recovery of corrupt assets.
o) Abuse of positions, powers and working positions to appropriate public property.
p) Establish, participate in the management and administration of private enterprises, limited liability companies, joint stock companies, partnerships and cooperatives contrary to the provisions of law.
q) Take advantage of jobs related to state secrets, work secrets or jobs falling within their jurisdiction to make personal profit."
The above are regulations for acts that Communist Party members can be disciplined for violating regulations on anti-corruption and anti-corruption under Regulation 69-QD/TW in 2022.
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