What is a party member? What is expulsion from the party under the law in Vietnam?

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

1. What is a party member? What is expulsion from the party under the law in Vietnam?

According to Article 1 of the Party's Charter, a party member refers to a revolutionary soldier in the vanguard of the working class, laboring people, and the Vietnamese nation, who dedicates their entire life to the goals and ideals of the Party, prioritizing the interests of the country, the working class, and laboring people over personal interests. They strictly adhere to the Party's political line, Party statutes, resolutions of the Party, and laws of the State. They fulfill their assigned tasks well, possess ethics and a healthy lifestyle, maintain close ties with the people, and obey the Party's organization and discipline while preserving unity within the Party.

Based on the provisions of Article 7 of Regulation 69-QD/TW in 2022, the disciplinary measures within the Party are defined as follows:

+ For party organizations: Reprimand, warning, dissolution.

+ For official party members: Reprimand, warning, removal from positions (if holding any), expulsion.

+ For probationary party members: Reprimand, warning.

Expulsion from the party is one of the disciplinary measures imposed on official party members.

2. What are the case of expulsion from the party in Vietnam?

According to Article 9, Clause 2 of Regulation 69-QD/TW in 2022, on principles for disciplinary measures within the Party:

Party members who violate the law and reach the extent of criminal liability should be strictly dealt with according to the provisions of the law. Party members who violate the law to the extent of being subject to prosecution, wanted by authorities, or sentenced by a court to reformation without detention or a heavier penalty shall be expelled from the Party. If the offense is of a lesser degree, not warranting reformation without detention, then the corresponding disciplinary measures should be applied based on the content, nature, consequences, reasons for the violation, and aggravating or mitigating circumstances to enforce appropriate party discipline. If a party member causes financial losses to the Party, the State, organizations, or individuals, their liability and compensation should be considered.

Therefore, a party member can be expelled from the party under the following circumstances:

- When a party member violates the law to the extent of criminal liability.

- When a party member is wanted by authorities.

- When a Party member receives a court sentence of reformation.

Furthermore, in cases of financial losses to the Party, State, organizations, or individuals, responsibility and compensation must be assessed.

Regarding disciplinary measures through expulsion from the Party, the disciplinary time frame provisions specified in Article 4 of Regulation 69-QD/TW in 2022 regarding disciplinary time frames do not apply.

Disciplinary time frames are not applicable to violations warranting expulsion, serious internal political violations, violations related to national defense, security, or external affairs that harm national interests, or the use of illegal diplomas, certificates, or certifications.

3. Can an expelled party member be readmitted to the party in Vietnam?

According to Section 3.5 of Regulation 24-QD/TW in 2021 regarding the consideration of readmission to the Party, the following conditions must be met:

3.5.1. The individual being considered for readmission must meet the following criteria:

a) Meet the conditions and criteria for party membership as stipulated in Article 1 of the Party Statutes.

b) Have a minimum interval of 36 months since leaving the Party (except for individuals with a criminal record for less serious offenses, who must wait for 60 months after having their records cleared; or party members previously expelled from the Party due to violations of family planning and population policies, who must follow the regulations of the Party Central Committee). They must submit a written application for readmission to the Party and receive approval in writing from the provincial Party Committee or its equivalent, with the competent Party Committee (district-level or equivalent) reviewing and making the decision.

c) Follow the procedures outlined in Clauses 1, 2, and 3 of Article 4 of the Party Statutes.

3.5.2. Individuals not eligible for readmission.

The following individuals will not be considered for readmission: those who previously voluntarily ceased party activities, submitted a letter of resignation from the Party (except in cases of special family difficulties), caused serious internal disunity, or were convicted of serious crimes, including corruption or crimes of a more severe nature.

Therefore, a party member who has been expelled from the party can still be readmitted if they meet the conditions outlined in Section 3.5.1. However, individuals who were expelled from the party due to convictions for corruption or more severe crimes will not be considered for readmission.

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