How does the organization apologize and restore rights of unjustly disciplined party member in Vietnam?

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

1. How does the organization apologize and restore rights of unjustly disciplined party member in Vietnam? 

According to Article 4 of Regulation 117-QD/TW, when a party member is unjustly disciplined based on the conclusion or decision of the competent party organization, there is a basis to apologize and restore the rights of that party member.

Based on Articles 11 and 12 of Regulation 117-QD/TW, the procedures for apologizing and restoring the rights of a party member who has been unjustly disciplined is as follows:

Apologizing to the unjustly disciplined party member in Vietnam

To apologize to the unjustly disciplined party member, the organization responsible for the unjust disciplinary action needs to organize a public conference to apologize to the party organization and the party member who has been unjustly disciplined. The conference should meet the following requirements:

- Chairperson of the conference:

  + The representative of the higher-level party organization directly responsible for the unjust disciplinary action.

  + The party organization that made the unjust disciplinary decision or the party organization that received the transfer, division, merger, or completion of the term of the party organization that made the unjust disciplinary decision.

- The location of the conference will depend on the following cases:

  + If the party member does not hold a position, the apology should be conducted at the party cell that currently or previously managed the party member or the place of residence.

  + If the party member is a member of the committee or holds a leading position, the apology should be conducted at the party committee, the executive committee of the directly managing party committee, or the party organization to which the party member belongs.

  + If the party member has passed away, lost civil capacity, or has been declared missing by the court, the apology should be conducted at the party organization currently or previously managing the party member.

  + If the disciplined party member has retired, resigned, or transferred to another position or party activity, an apology should be conducted at the party organization currently managing the party member.

- The content of the conference includes:

  + Announcing the decision to revoke the unjust disciplinary decision.

  + Restoring the party membership status of the party member who was unjustly disciplined or reinstating their party membership if their name was removed due to the unjust disciplinary action.

  + Restoring employment position, job title, leadership position, and related rights.

Within 5 days from the end of the conference, the organizing entity responsible for the apology should record the conference minutes and submit a report to the party organization for resolution and determination of the unjust disciplinary action.

According to the above regulations, to apologize to a party member who has been unjustly disciplined, the organization responsible for the unjust disciplinary action needs to organize a public conference to apologize to the party organization and the party member who has been unjustly disciplined. The conference must meet the mentioned conditions.

Restoring the rights of the unjustly disciplined party member in Vietnam 

The restoration of rights for the unjustly disciplined party member is carried out as follows:

- If the party member has been disciplined with a warning or reprimand, their affected rights should be restored according to the regulations.

- If the party member has been relieved of their position or resigned, the party organization with the authority should consider restoring their position or arranging them for a corresponding position or duty based on the criteria, conditions, and actual circumstances of the agency, locality, or unit.

- If the party member has been expelled from the party or has left the party, their party membership should be restored or recognized, and their legitimate rights should be resolved and restored.

- Resolving and restoring the legitimate rights of the party member in terms of education, training, upgrading qualifications, introduction and nomination for positions, appointment, salary according to grades, ranks, positions, titles, and allowances (if any); conferring, awarding, or presenting honorary titles according to regulations.

Therefore, when a party member is unjustly disciplined, their affected rights should be restored. In the case of expulsion, the party membership duration of that party member is considered continuous during the entire period of unjust disciplinary action.

2. Procedures for apologizing and restoring rights to unjustly disciplined party member in Vietnam

Based on the regulations in Article 10 of Regulation 117-QD/TW, the procedures for apologizing and restoring rights to party members unjustly disciplined can be understood as follows:

- The party organization sends the conclusion, confirming the unjust disciplinary action against the party member.

- The party member unjustly disciplined submits a written request for apology and restoration of rights to the party organization that made the unjust disciplinary decision within 30 days from the date of receiving the conclusion confirming the unjust disciplinary action.

- The party organization that made the unjust disciplinary decision is responsible for carrying out the following tasks within 60 days from the date of receiving the conclusion confirming the unjust disciplinary action:

+ Sending a written notification to the party organization, the unjustly disciplined party member (or the party member's family) regarding the apology and restoration of rights.

+ Revoking and canceling the unjust disciplinary decision; simultaneously sending the administrative disciplinary decision or disciplinary decision to the agency or organization where the party member is currently working or involved to withdraw and cancel the administrative disciplinary decision or disciplinary decision against the party member (if applicable).

+ Taking responsibility or proposing to the competent authority to restore the rights of the organization and the unjustly disciplined party member.

+ The competent authority shall implement the restoration of the party member's rights according to the regulations within 30 days from the date of receiving the request from the party organization that made the unjust disciplinary decision.

Yours sincerely!

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