When is an organization of Communist Party of Vietnam disciplined with a reprimand for violating anti-corruption and negative behavior regulations?
When is an organization of Communist Party of Vietnam disciplined with a reprimand for violating anti-corruption and negative behavior regulations?
Based on the provisions of Article 17 Regulation 69-QD/TW Year 2022 as follows:
Violations of anti-corruption, negative behavior regulations
1. Violating any of the following cases, causing minor consequences will be disciplined with a reprimand:
a) Failing to lead, direct, urge, and inspect the implementation of declaration, publicity, and control of assets and income of cadres and CPV members according to the regulations of the Communist Party and the State.
b) Failing to lead, direct, urge, inspect, supervise the subordinate CPV organizations and cadres, and CPV members to implement the regulations of the Communist Party and the laws of the State on anti-corruption and negative behavior according to regulations.
c) Neglecting leadership, management; lack of inspection, supervision to promptly detect and handle corruption and negative behavior in the CPV organization, agency, and unit.
2. For the first-time violations specified in Clause 1 of this Article, causing serious consequences or repeated violations, or violating any of the following cases, disciplinary actions will be in the form of a warning:
a) Failing to handle, concealing, tolerating the organization or individuals committing corruption and negative behavior, and violating the regulations on declaration, publicity, and control of assets and income.
b) Issuing resolutions, directives, regulations of their level on anti-corruption and negative behavior contrary to the guidelines, regulations of the Communist Party, and laws of the State.
c) Failing to handle acts of corruption and negative behavior in the agencies, units, and localities directly managed.
d) Failing to lead, direct, or obstruct activities of recovering money and assets involved in corruption and negative behavior.
dd) Directing only internal handling or administrative handling of individuals involved in corruption and negative behavior with signs of crime.
e) Discussing and agreeing to receive illegal money and assets for use by the collective or members of the CPV organization.
3. Violating any of the following cases, causing particularly serious consequences will be disciplined with dissolution:
a) Issuing resolutions, decisions against the guidelines, regulations of the Communist Party, and laws of the State in anti-corruption and negative behavior.
b) Exploiting anti-corruption and negative behavior to distort, form factions causing political and social instability; organized corruption.
According to the above regulations, an organization of Communist Party of Vietnam shall be disciplined with a reprimand for violating anti-corruption and negative behavior regulations in the following cases:
- Failing to lead, direct, urge, and inspect the implementation of declaration, publicity, and control of assets and income of cadres and CPV members according to the regulations of the Communist Party and the State.
- Failing to lead, direct, urge, inspect, supervise the subordinate CPV organizations and cadres, and CPV members to implement the regulations of the Communist Party and the laws of the State on anti-corruption and negative behavior according to regulations.
- Neglecting leadership, management; lack of inspection, supervision to promptly detect and handle corruption and negative behavior in the CPV organization, agency, and unit.
When is an organization of Communist Party of Vietnam disciplined with a reprimand for violating anti-corruption and negative behavior regulations? (Image from the Internet)
What is the statute of limitations for disciplining an organization of Communist Party of Vietnam that violates and must apply the form of reprimand?
Based on Article 4 Regulation 69-QD/TW Year 2022 as follows:
Statute of limitations for discipline
1. The statute of limitations for discipline is the period specified in this Regulation after which the violating CPV organization or party member shall not be disciplined.
2. The statute of limitations for discipline is calculated from the time the violation occurs until the competent CPV organization concludes that the violation is subject to disciplinary action. If the CPV organization or party member commits a new violation within the period specified in Points a, b of this Clause, the statute of limitations for the old violation is recalculated from the time the new violation occurs.
a) The statute of limitations for discipline of violating CPV organizations is as follows:
- 5 years (60 months) for violations to the extent that a reprimand must be applied.
- 10 years (120 months) for violations to the extent that a warning must be applied.
- No statute of limitations for disciplinary action for violations that must result in dissolution; violations involving internal politics; national defense, security, foreign affairs affecting national interests.
The statute of limitations for disciplining an organization of Communist Party of Vietnam that violates and must apply the form of reprimand is 5 years, or 60 months.
When are members and organizations of Communist Party of Vietnam not disciplined, exempt from or have delay in disciplinary measures?
Based on the provisions of Clause 14, Article 2 Regulation 69-QD/TW Year 2022 specifying the cases of not disciplining, exempting from, or delaying disciplinary measures for the violating CPV organization or CPV members include:
- Female CPV members who are pregnant, on maternity leave, or are raising children under 12 months old, or male CPV members (in case of the wife’s death or for other objective, force majeure reasons) who are raising children under 12 months old have delay in considering discipline.
- CPV members who are seriously ill and are receiving inpatient treatment in the hospital will have delay in considering discipline; when their health stabilizes (discharged from the hospital), discipline will be considered.
- Violating CPV members who have passed away will be reviewed and concluded by the CPV organization but no disciplinary decision will be made, except in cases of particularly serious violations.
- CPV members declared missing, if found guilty, will still be reviewed and concluded without imposing disciplinary measures; when it is discovered that the Party member is still alive, discipline will be enforced according to regulations.
- CPV members implementing proposals for innovation and creativity according to Conclusion 14-KL/TW Year 2021, permitted by the competent authority, but causing damage; the competent authority will clearly identify the objective, subjective causes, and make an objective, comprehensive evaluation. If they have implemented correctly with pure motives and for the common good, they will be exempt from discipline or have their responsibilities mitigated.
- Violations due to compliance with incorrect guidelines, decisions, orders of the organization, superiors, or under coercion but have proactively and promptly reported in writing to the competent organization or agency about their opinions and proposals before implementation will be exempt from discipline.
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