Are unjustly disciplined party members entitled to an apology and to have their rights restored in Vietnam?

Regarding this matter, LawNet would like to answer as follows:

1. Are unjustly disciplined party members entitled to an apology and having their rights restored in Vietnam?

"Unjust discipline" refers to a situation where a party member has not violated the Party's principles, regulations, or the laws of the State, but the party organization concludes that they have violated them, resulting in disciplinary action against the member.

Article 4 of Regulation 117-QD/TW provides provisions for cases where apologies and restoration of rights can be sought, including:

- The authorized party organization's conclusion or decision determines the unjustly disciplined party organization or member.

- The conclusion, decision, or verdict of the legal authority that determines the unjust investigation, prosecution, or trial of the party member, leading to the party organization's decision of unjust disciplinary action.

Therefore, when a party member is subjected to unjust disciplinary action as a result of a decision or conclusion by the party organization, the member is entitled to receive an apology and have their rights restored by the organization.

2. 06 principles for entitlement to an apology and restoration of rights for party members in Vietnam 

Based on Article 3 of Regulation 117-QD/TW, the principles for entitlement to an apology and restoration of rights for party members are as follows: 

- Apologies and restoration of rights must be timely, public, and objective. The party organization responsible for the unjust disciplinary action is responsible for giving apologies and restoring rights.

- Apologies and restoration of rights should only be carried out once there is a conclusion or decision from the authorized level determining the unjust disciplinary action.

- The party organization that has made the unjust disciplinary decision must proactively and promptly report to the standing committee and the immediate superior of the inspection commission.

At the same time, they must coordinate with the party organization, relevant agencies, and units to carry out the following tasks:

+ Apologize and restore the rights of the party organization and its members.

+ Decide to revoke or withdraw the unjust disciplinary decision.

+ Review the responsibility of the party organization and its members involved in advising and making the unjust disciplinary decision.

- In cases where the party organization that made the unjust disciplinary decision has been dissolved, have their operation terminated, converted, divided, or merged, the receiving party organization or the higher-level party organization directly assumes responsibility for giving apologies and restoring the rights of the party organization and the party member subjected to unjust disciplinary action.

- If the party member subjected to unjust disciplinary action has passed away or the court has declared them missing or lacking civil capacity, the party organization responsible for the unjust disciplinary action must offer apologies to the family members of the party member. When the court annuls the decision declaring the lack of civil capacity or the declaration of being missing, the party organization responsible for the unjust disciplinary action shall consider restoring the rights of the party member as stipulated.

- Material compensation and legitimate benefits to the party organization and the party member subjected to unjust disciplinary action shall be carried out in accordance with the provisions of the law on the state's compensation liability.

According to the above regulations, when a party member is unjustly disciplined, the party organization with authority must promptly and publicly carry out the process of offering apologies and restoring the rights of that party member. In the case of a deceased party member who was subjected to unjust disciplinary action, the party organization responsible for the unjust disciplinary decision must offer apologies to the family members of that party member.

3. What should party members do when being unjustly disciplined in Vietnam?

The rights and responsibilities of party members when unjustly disciplined are specified in Article 8 of Regulation 117-QD/TW as follows:

- Submit a written request to the competent authority, organization, or person to review, conclude, and decide on the unjust disciplinary action, guiding the process of receiving apologies and restoring their rights and legitimate interests.

- Provide timely, complete, and truthful information, documents, and evidence related to the unjust disciplinary action as requested by the authorized party organization to resolve and determine the unjust disciplinary action.

- Cooperate in implementing the relevant procedures and processes for resolving the unjust disciplinary action.

Therefore, when a party member is unjustly disciplined, it is important for them to draft a written request to the competent authority or organization to review, conclude, and decide on the unjust disciplinary action in order to seek apologies and restoration of their rights. Additionally, they should provide supporting information, documents, and evidence to prove the unjust disciplinary action as requested.

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