Stripping military ranks of people committing violations on narcotics in the People's Army in Vietnam from February 15, 2024

Stripping military ranks of people committing violations on narcotics in the People's Army in Vietnam from February 15, 2024

Based on Article 40 of Circular 143/2023/TT-BQP (effective from February 15, 2024), violations related to narcotics are stipulated as follows:

Violations related to narcotics

Persons who commit violations related to narcotics such as: Storing, buying, selling, transporting, organizing the use, and using illegal drugs will be disciplined with the deprivation of the title of soldier and forced to resign.

Based on Article 38 of Circular 16/2020/TT-BQP, the use of illegal drugs is stipulated as follows:

Use of illegal drugs

The use of illegal drugs will be disciplined with the deprivation of the title of soldier and forced to resign.

As regulations above, before February 15, 2024, a person who commits the act of using illegal drugs will be disciplined with the deprivation of the title of soldier and forced to resign.

However, from February 15, 2024, any person who commits an act related to drugs such as storing, buying, selling, transporting, organizing the use, or using illegal drugs will be disciplined with the deprivation of the title of soldier and forced to resign.

Stripping military ranks of people committing violations on narcotics in the People's Army in Vietnam from February 15, 2024 - Image from Internet

What are the mitigating and aggravating circumstances for disciplinary action in the People's Army in Vietnam?

Based on Article 5 of Circular 143/2023/TT-BQP (effective from February 15, 2024), the mitigating and aggravating circumstances are as follows:

(1) Mitigating circumstances

- The person who violated but took action to prevent or reduce the consequences of the violation or voluntarily remedied the consequences and compensated for damages;

- The person who violated but voluntarily reported, sincerely repented, and actively assisted the competent authorities in detecting violations and handling disciplinary violations;

- The violation was due to coercion or dependence on material or spiritual factors; the violation was committed in a particularly difficult situation;

- The violator has many achievements in study, work, labor, production, and combat.

(2) Aggravating circumstances

- Committing repeatedly or recidivist violations;

- Forcing a person who is dependent on oneself in material or spiritual terms to commit an act of violating;

- Taking advantage of one's position or authority to violate;

- Continuing to violate despite being requested by the competent authority to stop that violation;

- After violating, he had the act of avoiding and concealing the violation.

Note: Aggravating circumstances that are acts of violating shall not be considered as aggravating circumstances.

What are cases of exemption of disciplinary responsibilities in the People's Army in Vietnam?

Based on Article 6 of Circular 143/2023/TT-BQP (effective from February 15, 2024), the cases of not being considered for discipline and exempt from disciplinary responsibilities are as follows:

Cases of not being considered for discipline and exempt from disciplinary responsibilities

1. Cases of not being considered for discipline

a) During the period of leave according to the regulations (except for the case of preparation for retirement);

b) During the period of treatment with confirmation from a military medical facility at the regiment level or higher or a hospital, health center from the district level or higher;

c) Women who are pregnant, on maternity leave, are breastfeeding children under 12 months old; men (in the case of their wives' death or other objective, insurmountable reasons) who are breastfeeding children under 12 months old, except in cases where the person who committed the violation has a written request to be considered for disciplinary action;

d) Currently awaiting the final results of the competent authorities' investigation, prosecution, and trial of the illegal act.

2. Cases exempt from disciplinary responsibilities

a) Confirmed by the competent authority to be in a state of incapacity for civil acts when violating the laws of the State, the discipline of the Army;

b) Violating the laws of the State, the discipline of the Army in cases of self-defense, emergency, due to force majeure;

c) Violating due to the implementation of the orders of the superior commander or the assignment of tasks of the competent authority in accordance with the regulations of the law and the Ministry of National Defense.

As regulations above, cases of exemption of disciplinary responsibilities in the People's Army in Vietnam are:

- People who are confirmed by the competent authority to be in a state of incapacity for civil acts when violating the laws of the State, the discipline of the Army;

- People who violates the laws of the State, the discipline of the Army in cases of self-defense, emergency, due to force majeure;

- People who violates due to the implementation of the orders of the superior commander or the assignment of tasks of the competent authority in accordance with the regulations of the law and the Ministry of National Defense.

Best regards!