What are the acts of CPV members considered as threatening the life of the denouncers in Vietnam?
- What are the acts of CPV members considered as threatening the life of the denouncer in Vietnam?
- Vietnam: What are the penalties to be imposed on CPV members whose words or actions threaten the life of denouncers?
- When will a CPV member whose words or actions threaten the denouncer's life be expelled from the Communist Party of Vietnam?
What are the acts of CPV members considered as threatening the life of the denouncer in Vietnam?
Pursuant to subsection 5, Section III of the Guidelines 05/HD-UBKTTW in 2022, the following guidelines are available:
5. Violations against regulations on complaints and denunciations and settlement of complaints and denunciations (Article 38)
5.1. CPV members exercising the right to denunciation may conclude that the denunciation contents are true or partially true by the CPV organization or competent agency; true about the phenomenon but not true in nature, it is not considered as fabrication, slander or false accusation.
5.2. Having spoken, acted or through other people threatened, infringed upon the life, health, property, reputation, honor, dignity, rights and legitimate interests of the denouncer.
- Preventing or causing difficulties in the exercise of legitimate rights and interests in the examination of rank transfer, promotion, salary increase, reward, training, retraining, planning, mobilization, rotation, appointment and promotion of other legitimate rights and interests of the denouncer.
- Discriminating against, enticing others to obstruct the performance of duties and public duties of the denouncer.
Handling in contravention of the Communist Party of Vietnam's regulations, the State's laws, changing the job of the denouncer with a pretentious motive.
- Directly or indirectly threatening, suppressing, taking revenge, controlling or slandering the person who directly settles the complaint or denunciation.
- Directly or indirectly meeting, calling, texting or using other acts to pressure the settler in order to falsify the content of the complaint and denunciation settlement.
According to the above provisions, the following acts will be considered as perform threatening the life and honor of the denouncer:
- Preventing or causing difficulties in the exercise of legitimate rights and interests in the examination of rank transfer, promotion, salary increase, reward, training, retraining, planning, mobilization, rotation, appointment and promotion. other legitimate rights and interests of the denouncer.
- Discriminating against, and enticing others to obstruct the performance of duties and public duties of the denouncer.
Handling in contravention of the Communist Party of Vietnam's regulations, the State's laws, changing the job of the denouncer with a pretentious motive.
- Directly or hire, ask others to threaten, suppress, take revenge, suppress, control or slander the person who directly settles the complaint or denunciation.
- Directly or through other people meeting, calling, texting or using other acts to pressure the settler in order to falsify the content of complaint and denunciation settlement.
What are the acts of CPV members considered as threatening the life of the denouncer in Vietnam?
Vietnam: What are the penalties to be imposed on CPV members whose words or actions threaten the life of denouncers?
Pursuant to Clause 2, Article 38 of Regulation 69/QD-TW in 2022 stipulates as follows:
Violations against regulations on complaints and denunciations and settlement of complaints and denunciations
...
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 any of the following positions: ):
a) Delaying or evading responsibility for settlement of complaints and denunciations; failing to request or perform the responsibility to protect denouncers according to regulations.
b) Falsifying the case file during the verification, verification, conclusion and recommendation for settlement of complaints and denunciations; reporting untrue results of verification and verification.
c) Failing to comply with the final decision or conclusion of the agency or organization competent to settle complaints and denunciations.
d) Slandering or obstructing the person performing the task of settling complaints or denunciations; spreading false information about denunciation and denunciation settlement.
d) Tracing, threatening, punishing and taking revenge on the complainant; the person who discovers, reports, denounces, denounces, and provides information, documents and evidence; the person responsible for handling complaints and denunciations. Failing to fulfill the responsibility to protect denouncers, critics and commenters.
e) Organizing, inciting, instigating, bribing or forcing others to make complaints or denunciations.
g) The denunciation contains fabricated or offensive content that damages the reputation, honor and dignity of organizations or individuals.
Accordingly, CPV members who threaten or retaliate against denouncers will be disciplined in the form of warning or dismissal of CPV members with positions.
When will a CPV member whose words or actions threaten the denouncer's life be expelled from the Communist Party of Vietnam?
Pursuant to Clause 3, Article 38 of Regulation 69/QD-TW in 2022 stipulates as follows:
Violations against regulations on complaints and denunciations and settlement of complaints and denunciations
...
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, coercing, inciting, instigating, assisting, enticing, bribing, enticing others to lodge complaints, make false accusations or pressurize demand claims or gather a large number of complainants, denouncing causing insecurity and disorder.
b) Taking advantage of complaints and denunciations to cause disorder and damage to agencies, organizations and individuals to oppose the Communist Party of Vietnam and State; distorting the truth, threatening, seriously insulting the reputation and honor of agencies, organizations and individuals responsible for settlement or infringing upon the life of persons responsible for settling complaints and denunciations.
Thus, if CPV members have words or actions that threaten the denouncer's life and cause very serious consequences, they will be expelled from the Communist Party of Vietnam.
Guidelines 05/HD-UBKTTW in 2022 takes effect from November 22, 2022.
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