Will Vietnamese Communist Party members using illegal diplomas and certificates be disciplined? Is there criminal prosecution for the use of fake certificates?
- Handling reprimand and dismissal of Vietnamese Communist Party members who violate regulations on management, granting and use of diplomas and certificates?
- Expulsion of Vietnamese Communist party members who violate regulations on management, issuance and use of diplomas and certificates?
- Will Vietnamese Communist party members who violate regulations be penalized for using illegal diplomas, certificates, or certifications?
Handling reprimand and dismissal of Vietnamese Communist Party members who violate regulations on management, granting and use of diplomas and certificates?
According to Article 35 of Regulation 69-QD/TW of 2022, regulations on violations of regulations on management, issuance and use of diplomas and certificates:
- Party members who violate one of the following circumstances, causing less serious consequences, shall be disciplined in the form of reprimand:
+ Illegally declaring or buying, selling, using, giving away diplomas, certificates, certifications or certifications that are fake or illegal.
+ Notarization, authentication, certification of diplomas, certificates and certifications contrary to the provisions of law.
+ Failing to perform or improperly performing regulations on the issuance, certification of copies or certification of the legitimacy of diplomas, certificates or certificates granted.
+ Failing to prepare or make incomplete dossiers as prescribed as a basis for granting and managing diplomas, certificates and certifications.
+ Responsible for managing blank diplomas and certificates, but irresponsibly allowing others to take advantage of them as illegal diplomas and certificates.
Failing to direct the inspection and handling of cadres, party members, civil servants and public employees who violate the grant, certification, notarization or purchase, copy or use illegal diplomas, certificates or certificates within their competence its rights.
- In case of having been disciplined according to Clause 1 of this Article but recidivism or first violation causes serious consequences or violates one of the following cases, the discipline shall be in the form of warning or dismissal (if there is a position).
+ Using illegal diplomas, certificates or certificates to legalize records of officials and party members.
+ Lack of responsibility to lose or damage records that they are responsible for managing in order to grant diplomas, certificates or certifications.
+ Interfering with organizations and individuals so that themselves or others are certified or granted diplomas, certificates or certifications that are not legal or for the right subjects.
+ Signing and granting diplomas, certificates and certificates to persons who do not meet the criteria and conditions; issue decisions or request competent authorities to issue decisions on granting diplomas, certificates or certifications in contravention of regulations.
+ Forging or correcting, supplementing or certifying false facts so that competent authorities can grant diplomas or certificates to persons who do not meet the conditions and standards; correcting or supplementing to falsify contents of diplomas and certificates in service of illegal acts.
+ Lending, renting or using their diplomas or certificates to others for use in recruitment, school attendance, rank promotion exams, appointment, election or illegal purposes.
Will Vietnamese Communist Party members using illegal diplomas and certificates be disciplined? Is there criminal prosecution for the use of fake certificates?
Expulsion of Vietnamese Communist party members who violate regulations on management, issuance and use of diplomas and certificates?
According to Clause 3, Article 35 of Regulation 69-QD/TW in 2022, it stipulates:
"Article 35. Violations against regulations on management, issuance and use of diplomas and certificates
...
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) Performing recruitment, selection and training activities, but allowing people who do not meet the criteria and conditions to use illegal diplomas, certificates or certifications to participate in the entrance exam, admission consideration to study, or rank promotion exam.
b) Abuse of positions and powers to cover up cadres, civil servants and party members under their management to illegally use diplomas, certificates or certificates.
c) Directly participating in or abetting the illegal production, consumption or brokerage of diplomas, certificates or certifications.
d) Using fake or illegal diplomas, certificates, certifications or certifications to be recruited into agencies or organizations, admitted to the Party, go to school, plan, appoint, take exams for rank promotion, rank, to meet standards and conditions in cadre work."
Will Vietnamese Communist party members who violate regulations be penalized for using illegal diplomas, certificates, or certifications?
Article 341 of the Criminal Code 2015 (amended by Clause 126, Article 1 of the Law amending the Criminal Code 2017) stipulates:
“Article 341. Fabricating an organization's seal or documents and use thereof
1. Any person who fabricates an organization's seal or document or use it to commit an illegal act shall be liable to a fine of from VND 30,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 03 - 36 months' imprisonment:
2. This offence committed in any of the following circumstances carries a penalty of 02 - 05 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence has been committed more than once;
c) The offence involves 02 - 05 fabricated seals or documents;
d) The fabricated seal or document is used to commit a criminal offence;
dd) The illegal profit earned is from VND 10,000,000 to under VND 50,000,000;
e) Dangerous recidivism.
3. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:
a) The offence involves ≥ 6 fabricated seals or documents;
b) The fabricated seal or document is used to commit a very serious crime or extremely serious crime;
c) The illegal profit earned is ≥ VND 50,000,000
4. The offender might also be liable to a fine of from VND 5,000,000 to VND 50,000,000.”
Thus, Party members can be disciplined when using illegal diplomas, certificates, or certifications, but with acts of using fake diplomas and certificates, they may be prosecuted for penal liability according to the provisions of law.
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