Complaints about party discipline

Regulation 22-QD/TW stipulating the competence and time limit for settling complaints about party discipline.

Authority to handle complaints against party discipline

According to Article 22 of the Decision No. 22/QD-TW dated July 28, 2021, on inspection, supervision and discipline of the Communist Party, prescribing the competence and responsibility for handling complaints about the Communist Party's discipline as follows:

- Settlement of complaints about party discipline shall be conducted by the inspectorate, standing committee of party executive committee or executive committee from grassroots level or higher.

- Standing committees of executive committees or executive committees of executive committees shall settle first-time complaints about disciplinary decisions made by executive committees at the same level.

- The Central Inspection Commission shall be the final level to settle final complaints about disciplinary forms of reprimand, warning, or dismissal; the Secretariat shall settle final complaints about disciplinary forms of expulsion decided by Party committees or Party organizations under the Central Government.

- For the forms of discipline decided by the Central Executive Committee, the Political Bureau, the Secretariat and the Central Inspection Commission, the Central Executive Committee shall be the final level to settle the complaints.

The Central Committee shall be the final level of disciplinary decision, and, after considering and concluding it, have to vote by secret ballots to decide the specific form of discipline. The number of votes to decide the form of discipline shall comply with the provisions in Clause 3.1, Article 15 of this Regulation.

Accordingly, the Central Inspection Commission is the final level to settle complaints about forms of reprimand, warning and dismissal. The secretariat is the final level for settling final complaints about the declaration form.

Complaints about party discipline

Time limit for lodging and settling complaints

According to Article 26 of the Decision No. 22/QD-TW dated July 28, 2021, on inspection, supervision and disciplinary actions of the Communist Party, prescribing time for filing complaints, time limits for handling complaints and time limits for transferring written complaints beyond their jurisdiction, shall be specified as follows:

- Communist Party organizations and party members that are disciplined do not agree with the disciplinary decision or the disciplinary complaint handling decision have the right to complain with higher-level Communist Party organizations in handling (specified in Article 22 of this Regulation). " Time limit for filing a complaint is 30 days from the day on which the decision is received or the decision on handling of the complaint (according to the announcement record) to the day on which the student is disciplined.

- Upon receipt of complaints about the Communist Party's disciplines, the Communist Party committees or the Inspection committees must notify the Communist Party organizations or the Communist Party members thereof; guide the complainants to comply with regulations of the Communist Party. No later than 90 days for provinces, cities, rural districts, urban districts and equivalent levels; 180 days for central level, from the date of receiving complaints (sent directly or by post stamp) it must consider, settle and respond to the organizations of the Party, party members making complaints. If the time limit expires but the complaint has not been completely settled, it shall be extended but not exceed 30 days and the complainant must be notified in writing of the refusal.

- When the Party organizations receive complaints which do not fall under their settling jurisdiction, they shall, within 5 days, have to transfer them to the competent Party organizations for settlement, and at the same time notify the complainants thereof.

- In force majeure cases where the complainants cannot exercise the right to complain within the prescribed time limit, such force majeure duration shall not be counted into the complaint time limit.

Accordingly, the time limit for lodging a complaint about a disciplinary decision is 30 days after receiving the disciplinary decision or the first-time complaint settlement decision. The time limit for settlement of a complaint is 90 days for a province, city, rural district or urban district or lower level, and 180 days for a central level, counting from the date of receiving the complaint.

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