What are the cases where communist party members depositing money in foreign banks will be expelled from the Communist Party of Vietnam?
What are the cases where communist party members depositing money in foreign banks will be expelled from the Communist Party of Vietnam?
According to Clause 3, Article 34 of Regulation 69/QD-TW in 2022:
Violation of regulations on relations with foreign organizations and individuals
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3. In cases where a violation under Clauses 1 and 2 of this Article causes very serious consequences or in any of the following cases, the disciplinary action shall be expulsion:
a) Establishing relations with foreign organizations or individuals, or Vietnamese residing abroad who oppose the Communist Party of Vietnam and the State, infringe upon national security, or the interests of the country and nation.
b) Knowing but still receiving sponsorship from individuals or organizations with activities against the Communist Party of Vietnam and the State.
c) Agreeing with, covering up, or facilitating the activities of foreigners or overseas Vietnamese against the Communist Party of Vietnam and the State.
d) Providing or disclosing information, documents, or artifacts classified as secrets of the Communist Party of Vietnam and the State to foreign organizations, individuals, or hostile and reactionary political organizations in any form.
dd) Engaging in activities within foreign hostile and reactionary political parties and organizations.
e) Obtaining foreign citizenship, transferring money or assets abroad, opening accounts, or buying and selling assets abroad against regulations.
Communist party members depositing money in foreign banks against legal regulations will be subject to disciplinary action in the form of expulsion from the Communist Party of Vietnam.
What are the cases where communist party members depositing money in foreign banks will be expelled from the Communist Party of Vietnam?
What is the discipline of communist party members conducting illegal overseas money transfers in Vietnam?
Based on Clause 2, Article 34 of Regulation 69/QD-TW in 2022, it is stipulated as follows:
Violation of regulations on relations with foreign organizations and individuals
...
2. In cases where a member who has been disciplined under Clause 1 of this Article repeats the offense or commits a first-time violation that causes serious consequences, or in any of the following cases, disciplinary actions shall be in the form of warning or dismissal (if holding a position):
a) Having money, precious metals, gemstones, artifacts, or valuable papers deposited in foreign banks against regulations.
b) Transferring money or assets to foreigners or abroad against regulations.
c) Providing consultancy services to businesses, service organizations, or foreign individuals and organizations that harm national interests.
d) Partnering, investing capital in any form with foreign organizations, individuals, or Vietnamese residing abroad without reporting or without the approval of the competent Communist Party of Vietnam organization.
dd) Leasing assets of the Communist Party of Vietnam or the State to foreign individuals or organizations without the approval of the competent authority.
According to the above regulations, communist party members conducting illegal overseas money transfers in Vietnam will be subject to disciplinary action in the form of a warning. If the communist party members hold a position, they will be dismissed.
Additionally, a communist party member who illegally transfers money or assets to foreigners causing serious consequences will also be disciplined in the form of a warning. If the communist party member holds a position, he/she will be dismissed.
What is the statute of limitations for taking disciplinary action against communist party members illegally depositing money in foreign banks in Vietnam?
According to Point b, Clause 2, Article 4 of Regulation 69/QD-TW in 2022:
Statute of limitations for discipline
1. The statute of limitations for disciplinary action means the time limit specified in this Regulation which, upon expiry of that period, the offending party organization or member shall not be disciplined.
2. The statute of limitations for disciplinary action shall be counted from the time the violation occurs until the competent party organization concludes that the violation is subject to disciplinary action. If the Party organization or its members commit new violations within the time limit specified at Points a and b of this Clause, the statute of limitations for disciplinary action for the old violation shall be recalculated from the time the new violation occurs.
a/ The statute of limitations for disciplinary action against offending party organizations is as follows:
- 5 years (60 months) for violations to the extent that a reprimand must be imposed.
- 10 years (120 months) for violations to the point of a warning.
- The statute of limitations for disciplinary action does not apply to violations to the extent that disciplinary action must be taken; violations of internal politics; on defense, security and foreign affairs that infringe upon national and national interests.
A communist party member who illegally deposits money in a foreign bank will be subject to disciplinary action in the form of expulsion from the Communist Party of Vietnam.
Therefore, in this case, the statute of limitations for disciplining communist party members does not apply.
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