Will communist party members using fake high school diplomas be expelled from the Communist Party of Vietnam? What are the cases of exemption from disciplinary action against communist party members using fake diplomas?
Will communist party members using fake high school diplomas be expelled from the Communist Party of Vietnam?
Article 35 of Regulation 69-QD/TW in 2022 provides for disciplinary measures against communist party members committing violations against the regulations on management, allocation and use of diplomas and certificates as follows:
Violations against the regulations on management, allocation and use of diplomas and certificates
1. Communist party members who violate one of the following cases with less serious consequences shall be disciplined in the form of reprimand:
a/ Make false declarations or buying, selling, using, gifting, or giving false or illegal diplomas or certificates.
b/ Notarize, authenticate, and certify diplomas or certificates contrary to the provisions of law.
c/ Fail to implement or improperly comply with regulations on the issuance, certification of copies or certification of the legality of granted diplomas or certificates.
d/ Fail to make or making incomplete dossiers as prescribed as a basis for issuance and management of diplomas, certificates and certificates.
dd) Be responsible for managing embryos of diplomas and certificates but lack responsibility for others to take advantage of them as illegal diplomas or certificates.
f/ Fail to direct the inspection and handling of personnels, communist party members, civil servants and public employees who violate the issuance, certification, notarization or purchase, copy or use of illegal diplomas or certificates within their competence.
2. After being taken disciplinary measures under Clause 1 of this Article, if communist party members commit again or commit first-time violations with causing serious consequences or violate one of the following cases, they shall be disciplined by warning or dismissal (if having a position):
a/ Use illegal diplomas or certificates to legalize official records and communist party member records.
b/ Be lack of responsibility for losing or damaging dossiers which they are responsible for managing for granting diplomas or certificates.
c/ Interfer with organizations and individuals so that themselves or others can be certified or granted diplomas or certificates that are illegal or improper to the wrong subjects.
d/ Sign and grant diplomas or certificates to persons who do not meet the criteria or conditions; make decisions or request competent authorities to make decisions on granting diplomas or certificates contrary to regulations.
dd) Forge or correct, supplement or certify falsehoods in order for competent authorities to grant diplomas or certificates to persons who do not meet the conditions or standards; correcting or supplementing falsifying contents in diplomas and certificates in service of illegal acts.
f/ Lend or lease diplomas or certificates to others for use in recruitment, schooling, examinations, promotions, appointments, elections or purposes contrary to regulations.
3. Communist party members commit violations in Clauses 1 and 2 of this Article that cause very serious consequences or violate one of the following cases, they shall be disciplined by expulsion:
a/ Conduct the recruitment, examination and training work, but allow persons who do not meet the criteria or conditions for using illegal diplomas or certificates to participate in the entrance examination, admission examination to study or examination to promote the rank.
b/ Abuse their positions and powers to conceal personnels, civil servants and communist party members under their management from illegally using diplomas or certificates.
c/ Directly participate in or abet the illegal production, consumption or brokerage of consumption of illegal diplomas or certificates.
d/ Use false or illegal diplomas or certificates to be recruited into agencies or organizations, admitted to the CPV, educated, planned, appointed, took exams for promotion of grades and steps, and to satisfy standards and conditions in personnel work.
Thus, communist party members using fake high school diplomas will face different disciplinary measures depending on the case.
In cases causing very serious consequences or using fake high school diplomas to be recruited into agencies or organizations, admitted to the CPV, educated, planned, appointed, took exams for promotion of grades and steps, and to satisfy standards and conditions in personnel work, they will be expelled from the Communist Party of Vietnam.
Will communist party members using fake high school diplomas be expelled from the Communist Party of Vietnam? What are the cases of exemption from disciplinary action against communist party members using fake diplomas? (Image from the Internet)
What are the cases of exemption from disciplinary action against communist party members using fake diplomas in Vietnam?
Clause 14 of Article 2 Regulation 69-QD/TW in 2022 provides for cases of non-discipline, failure or exemption from discipline for communist party members:
Principles of taking disciplinary measures
.....
14. In case of non-discipline, failure or exemption from discipline:
a/ Communist party members who are pregnant women, on maternity leave, nursing children under 12 months old or communist party members who are men (in case of the death of their wives or due to other objective or force majeure reasons) who are nursing children under 12 months old, have not yet considered discipline.
b/ Communist party members who are seriously ill and undergoing inpatient treatment at hospitals shall not be considered for discipline, and when they are in stable health (discharged) they shall consider discipline.
c/ If the offending communist party member has died, the Party organization shall consider and conclude but not decide on discipline, except in cases of particularly serious violations.
d/ Communist party members who are declared missing, if found to have committed a violation, must still consider and conclude but has not yet taken disciplinary action, and when it is found that such communist party member is alive, discipline shall be taken according to regulations.
dd) Communist party members who make proposals on innovation and creativity according to Conclusion No. 14-KL/TW, dated September 22, 2021 of the Politburo, are permitted by competent agencies, but if damage occurs, the competent agency clearly determines the objective and subjective causes and objective assessment, all-round; If they have complied with the guidelines, have pure motives, and are in the public interest, they shall be exempted from discipline or relieved of responsibility.
e) For violations caused by observance of wrong guidelines, decisions or orders of organizations or superiors or by coercion but having actively and promptly reported in writing to competent organizations or agencies their opinions and proposals before implementation, communist party members shall be exempt from discipline.
Thus, the cases of exemption from disciplinary action against communist party members using fake diplomas in Vietnam are specified above.
What are the mitigating circumstances in the discipline of communist party members using fake diplomas in Vietnam?
Article 5 of Regulation 69-QD/TW in 2022 provides for mitigating circumstances in the discipline of communist party members as follows:
Mitigating circumstances
In case of violations involving one or more of the following circumstances, the disciplinary level shall be considered to be mitigated:
1. For party organizations
a/ Proactively and promptly report violations to superior Party organizations, take a serious review attitude, voluntarily admit shortcomings and violations and take disciplinary measures commensurate with violations.
b) Take initiative in providing information, documents and evidences fully and truthfully reflecting violations.
c) Take initiative in terminating violations and fundamentally and promptly remedy consequences caused by violations of their organizations before and during the inspection and supervision process.
d/ Assist competent party organizations in examining, examining and handling accurately and promptly violating organizations and individuals.
2. For communist party members
a/ Proactively report their violations to the Party organization, voluntarily accept personal responsibility for their shortcomings and violations and take disciplinary measures commensurate with the contents, nature and seriousness of violations before and during the inspection and supervision process.
b) Take the initiative in providing information, dossiers and documents, fully and honestly reflecting on co-violators.
c) Proactively terminate violations, actively participate in preventing violations; voluntarily pay corrupt assets, pay compensation for damages and remedy consequences caused by themselves.
d) Committing violations when implementing policies or piloting innovation or creativity permitted by competent authorities according to regulations, not falling into the cases specified at Point dd, Clause 14, Article 2 of this Regulation.
Thus, communist party members using fake high school diplomas may receive reduced disciplinary action when one of the aforementioned mitigating circumstances exists.
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