Issuance of Decision 164 on the process for handling accusations against party members who are centrally-managed officials in Vietnam

Bấm vào đây để xem bản dịch tiếng Việt của bài viết này Click HERE to see the Vietnamese translation of this article
Question date: 02/07/2024

What regulations are included in the Decision 164 on the process for handling accusations against party members who are centrally-managed officials in Vietnam? Shall anonymous accusations against party members in Vietnam be resolved?

    • Issuance of Decision 164 on the process for handling accusations against party members who are centrally-managed officials in Vietnam

      On June 6, 2024, the Central Executive Committee issued Decision 164-QD/TW of 2024 on the procedure for handling accusations against party organizations under central management and party members who are centrally-managed officials.

      Based on the procedure for handling accusations against party organizations under central management and centrally-managed party members, as stated in Decision 164-QD/TW of 2024, the process for handling accusations against centrally-managed party members is as follows:

      Step 1: Preparation

      - Establish a team to handle the accusation and develop a plan for resolving the accusation.

      - The inspection team studies the accusation letter, develops an outline requesting the party organization and the accused party member to provide an explanation, plans the working schedule of the inspection team, establishes rules of operation, and assigns tasks to each team member. Relevant documents and materials are prepared.

      - The Party Central Office ensures funding and necessary conditions to support the inspection team in carrying out their duties.

      Step 2: Implementation

      - The inspection team or its representative implements the decision and plan for resolving the accusation, agrees on a working schedule with the accused party organization and party member, and the representative of the party organization managing the party member.

      - The accused party organization and party member are requested to prepare a report according to the outline and provide relevant documents and records.

      - Relevant organizations and individuals cooperate in the process.

      - The accused party organization and party member prepare a written report and relevant documents, which are sent to the Politburo, the Party Central Committee Secretariat (through the inspection team) to explain and account for the accusation.

      - The inspection team conducts verification and investigation.

      - A conference is organized to approve the report on the results of handling the accusation.

      - The inspection team continues to verify and investigate unclear or conflicting issues, and completes the draft report on the results of handling the accusation.

      - The inspection team coordinates with the Party Central Office to report to the Standing Committee of the Party Central Committee, deciding the time and composition of the Politburo and the Secretariat conference.

      - The report on the resolution of the accusation and the relevant documents and records are sent to the comrades who are members of the Politburo and the Secretariat according to the working regulations.

      Step 3: Conclusion

      - The Politburo and the Secretariat hold a meeting to review and draw conclusions.

      - The inspection team is authorized to inform the accused party organization and party member of the conclusion of the accusation resolution and the disciplinary decision (if any), and to implement the disciplinary procedure (if any).

      - The representative of the inspection team, in coordination with the Party Central Office, appropriately informs the accuser of the conclusion of the accusation resolution.

      - The inspection team holds a meeting to draw lessons and complete the documentation, which is handed over to the Party Central Office for archiving according to regulations.

      - The Central Inspection Commission is responsible for urging and supervising the target of the accusation, as well as the relevant organizations and individuals, to implement the conclusion of the accusation resolution and the disciplinary decision (if any).

      Issuance of Decision 164 on the process for handling accusations against party members who are centrally-managed officials in Vietnam - image from internet

      What forms of disciplinary action are there for official party members in Vietnam?

      Based on Article 10 of Decision 22-QD/TW of 2021, the forms of disciplinary action for the Party are as follows:

      Disciplinary action for the Party

      1. Disciplinary Actions for Party Organizations: Reprimand, Warning, Dissolution

      2. Disciplinary Actions for Official Party Members: Reprimand, Warning, Dismissal from position, Expulsion

      3. Disciplinary Actions for Probationary Party Members: Reprimand, Warning

      Therefore, official party members have the following forms of disciplinary action:

      - Reprimand

      - Warning

      - Dismissal from position

      - Expulsion

      Shall anonymous accusations against party members in Vietnam be resolved?

      Based on Subsection 2 Section 4 of Guidelines 02-HD/TW of 2021 on handling accusations:

      Handling accusations

      ...

      2. Principles of handling accusations (Article 20)
      ...

      2.10. If an accusation is made anonymously, with a hidden or false name, but it provides specific addresses and clear content regarding the accused party, the competent party organization has the authority to take control of the situation for investigation or specialized supervision.

      ...

      According to the aforementioned regulation, if an anonymous accusation against a party member provides specific addresses and clear content regarding the accused individual, it will be processed and resolved.

    Above is legal advice provided for customers of LawNet . If you require any further information, please send an email to nhch@lawnet.vn
    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

    LEGAL BASIS OF THIS SITUATION
    • Decision 22-QD/TW of 2021 Download
    • Guidelines of 2021 02-HD/TW Download
    • Decision 164-QD/TW of 2024 Download
    RESPONSIBILITY INFORMATION
    Let GOOGLE support you