What are the aggravating circumstances in disciplinary action in trade union organizations in Vietnam?

What are the aggravating circumstances in disciplinary action in trade union organizations in Vietnam?

According to Clause 2, Article 5 of the Regulations on Disciplinary Action in Trade Union Organizations issued together with Decision 5130/QĐ-TLĐ in 2022, the aggravating circumstances in disciplinary action in trade union organizations in Vietnam are as follows:

2. In cases of violations that have one or more of the following circumstances, the disciplinary level should be considered to be increased:

a) The offender has been educated or reminded by an organization or competent individual but has not corrected the violation.

b) The offender does not voluntarily review, acknowledge their shortcomings and violations, but rather evades and conceals them.

c) The offender covers up for other violators; oppresses, retaliates against those who fight, report violations, or provide evidence of violations.

d) The offender provides false information or reports; prevents others from providing evidence of violations; destroys evidence, creates false files or evidence.

dd) The offender opposes, obstructs, and creates difficulties for the inspection, supervision, verification, and collection of evidence of violations.

e) The offender violates by taking advantage of a state of emergency, natural disaster, or the implementation of social policies.

g) The offender's violation causes material damage that must be compensated but is not compensated or not rectified.

h) The offender violates repeatedly, systematically, or repeatedly; has been disciplined multiple times.

i) The offender violates in an organized manner; is the organizer, instigator, or initiator of the violation.

k) The offender coerces, mobilizes, or organizes others to violate.

l) The offender coerces or facilitates others to create false documents, files, evidence, conceal, destroy evidence, files, or documents.

What are the aggravating circumstances in disciplinary action in trade union organizations in Vietnam? - Source: Internet

What are the cases that are not considered, disciplined, and not disciplined in trade union organizations in Vietnam?

According to Article 6 of the Regulations on Disciplinary Action in Trade Union Organizations issued together with Decision 5130/QĐ-TLĐ in 2022, the cases that are not considered, disciplined, and not disciplined in trade union organizations in Vietnam are as follows:

1. Cases in which disciplinary action for violating cadres and union members is not considered:

a) While pregnant, on maternity leave, or raising a child under 12 months old.

b) Currently suffering from a serious illness or temporarily losing the ability to understand, being seriously ill for inpatient treatment at a hospital confirmed by a competent health authority under the law (from district level and above).

c) Currently being detained or imprisoned pending the conclusion of the competent authorities investigating, prosecuting, and trying for acts of violating the law.

2. Cases in which disciplinary action for violating cadres and union members is not considered:

a) Has passed away.

b) Has promptly reported to the competent authority when there is evidence that the decision is illegal but has not been considered for resolution or has expressed an opinion clearly expressing disagreement with the wrong but still has to comply and has been reserved for opinion.

c) Before the incident occurred, he/she proactively reported to the leader, seriously and sincerely acknowledged his/her shortcomings, and actively cooperated with the unit in remedying the consequences.

d) Confirmed by the competent authority to violate in a force majeure situation when performing tasks and duties.

dd) Lacking the capacity to act.

What are the time and time limit for disciplinary action in trade union organizations in Vietnam?

According to Article 7 of the Regulations on Disciplinary Action in Trade Union Organizations issued together with Decision 5130/QĐ-TLĐ in 2022, the time and time limit for disciplinary action in trade union organizations in Vietnam are as follows:

1. The statute of limitations for trade union disciplinary action is applied in accordance with the current laws and regulations.

2. The deadline for disciplinary action is no more than 90 days; in case the case has complicated circumstances and needs time to check and verify further, the deadline for disciplinary action may be extended but not more than 150 days.

3. The following cases are not counted into the deadline for disciplinary action: Cases specified in Article 6 of this Regulation; The time for investigation, prosecution, and trial (if any); The time for handling complaints or lawsuits at the court regarding the disciplinary decision.

4. In case of disciplinary action within the competence of the Executive Committee of the Vietnam General Confederation of Labor, if the deadline is exceeded, the consideration of disciplinary action shall be carried out at the next session of the Executive Committee of the Vietnam General Confederation of Labor.

5. After 12 months from the date of the disciplinary decision or the decision on the handling of disciplinary complaints, if the cadre or union member does not repeat or does not have any new violations that warrant disciplinary action, the disciplinary decision shall automatically cease to be effective.

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