Cases of consideration and handling of communist discipline

Relevant cases upon consideration and disciplining

02-HD/TW in 2021, which provides for certain cases in which discipline in Vietnam shall be imposed as follows:

- Officials, party members who are in the time of inspection, supervision, settlement of complaints, denunciation, consideration of discipline in Vietnam or commit violations of law during the time of discipline in Vietnam or under investigation, prosecution, adjudication and reach the retirement age, are settled by competent authorities the procedures for enjoying pension regime, the competent party organization shall only carry out the procedures for transferring such party's activities to their places of residence, and send a written notification to the communist party in the place of residence.

- When there is a report proposing the disciplinary sanction of communist party or party member violating but the competent communist organization has not issued the disciplinary decision or report to request the superior level to comply with discipline in Vietnam and detect additionally signs of violation related to the discipline in Vietnam or other violations, the competent communist organization shall continue to consider and decide or assign the team (group) to inspect and verify additionally the violation for re-review of form of discipline in Vietnam.

- Officials and party members who are under inspection but show signs of violation, are considered to be disciplined or proposed to be handled for violations according to inspection conclusions, settle denunciations and are under investigation shall not be allowed to implement the planning, to stand as candidates, to be nominated, to be appointed or re-appointed when the time limit for appointment, transfer, rotation, secondment, training, rank promotion, rank promotion, salary increment, title conferment, commendation, resignation or termination of work has expired.

- After the Communist Party's activities are transferred to a new Communist Party organization, if a violation against regulations of the previous Communist Party's activities is detected while the Communist Party's activities, the Ministry's tasks, or the Communist Party's policies are violated, the Communist Party's activities are being paid, etc.

- After considering and handling or directing the consideration and handling of the Communist Party discipline, within 5 days, the Communist Party organizations must give written direction or request to the competent organizations for handling administrative discipline in Vietnam, unions or criminal handling. Within 30 days at the latest since receipt of directive documents or requests from competent party organizations, state organizations, Fatherland Front and political organizations should consider and impose administrative penalties on officials, members of the Communist Party; otherwise, it should provide explanation to the Communist Party for directions or requests.

- State organizations, the Fatherland Front and socio-political organizations, when deciding to suspend the work or to discipline cadres, civil servants, members or unionists being party members (including decisions on settlement of complaints about administrative discipline of authorities at all levels), shall, within 5 days, have to notify in writing the party-managing party organizations thereof for timely consideration and disciplining of the Party; If there are changes in the form when settling complaints against party discipline, the Party organizations are competent to direct the reconsideration of form of administrative discipline, unions for conformity. If there are other regulations or the time limit for imposing penalties for administrative violations expires, the disciplinary action may not be re-considered but a written notification shall be sent to a competent party.

- The disciplined communist organization, all its members shall be responsible, specify the decision number, date, disciplined party organization and form of discipline for each member in their curriculum vitae. Those who do not agree or are not directly related to the wrong decision made by that Communist Party may also be written in the résumé of the Communist Party members and reserve their opinions (if any); the personnel management of such Communist Party members (dispatch, appointment, alternation, commendation, etc.

- Right after the decision on discipline of the Communist Party organization takes effect (including the decision on discipline of the Communist Party members, the decision on handling the Communist Party's complaint takes effect), the executive committee in charge of management of Communist Party records shall record such amendments to the Communist Party's résumé in accordance with regulations.

Cases of exemption, non-handling or not yet considered, disciplined

02-HD/TW in 2021, in which:

- If a Communist Party member has abided by a decision issued by a superior Party and has promptly reported in writing or reserve his/her opinions to a competent communist organization or individual in contravention of the Communist Party's regulations or the State's laws, his/her responsibility shall be considered for exemption or reduction when the competent communist organization concludes that such decision is a violation.

- Competent party organizations shall cast votes on and compare results with the prescriptive period of handling violations that are beyond the statutory time limit (the statute of limitations is calculated from the date on which the Communist Party or party members commit violations to the date on which the competent party makes a conclusion that the violations are liable to disciplinary actions).

- If the Party wishes to make a proposal for innovation or creativity approved by a competent authority as prescribed by the central government but fails to achieve or only achieve a part of the proposed target or suffers from risks or damage, the competent authority shall determine the objective and subjective causes and evaluate the public interest for consideration and handling.

- If a Party is certified by a competent authority to be incapable of civil acts, has limited cognition and behavior control or has limited legal capacity upon the occurrence of a violation, no disciplinary action shall be taken.

- Women who are pregnant, on maternity leave or nursing a child under 12 months of age, or a man who is a male member (in case his wife dies or for objective or other force majeure reasons) and is nursing a child under 12 months of age shall not be considered for being disciplined.

- If the Party that is suffering serious illness and is receiving intensive inpatient treatment at the hospital, he/she may postpone or wait until his/her health is recovered, he/she may be disciplined.

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