During the process of labor and work, if party members violate the legal regulations, they will be subject to disciplinary actions corresponding to their behavior. So, what is the duration for the annulment of disciplinary actions for Communist Party members?
How long does it take to remove the disciplinary record of a Communist Party member? (Illustrative image)
1. Forms of Disciplinary Actions for Communist Party Members
According to Clause 2 Article 35 of the Party Charter, guided by Regulation 30-QD/TW of the Central Executive Committee outlining the inspection, supervision, and disciplinary actions of the Communist Party, forms of disciplinary actions for Communist Party members are as follows:
- For official Communist Party members: reprimand, warning, demotion, expulsion.
Official Communist Party members who commit serious violations warranting expulsion must face expulsion discipline, without the application of membership removal measures, and resignation from the Party shall not be accepted. Officials who violate to the extent of demotion must be demoted, not allowed to voluntarily resign from their position.
- For probationary Communist Party members: reprimand, warning.
Probationary Party members who commit violations requiring discipline shall face either reprimand or warning. Upon the end of the probationary period, the cell still considers recognizing the member as an official Party member. If the violation renders the member unfit for Party membership, their name shall be removed from the list of Party members.
2. Validity of Disciplinary Decisions for Communist Party Members
According to Clause 6 Article 39 of the Party Charter, guided by Regulation 30-QD/TW, the decision on reprimand or warning against a violating Communist Party member by the cell becomes effective immediately upon the cell's announcement of the disciplinary decision result.
If the disciplined Party member refuses to attend the announcement or receive the disciplinary decision, the matter should be recorded in the minutes, and the disciplinary decision shall still be announced and take effect.
Attention should be given to recommendations from lower levels regarding demotion or expulsion discipline for a Party member. If the competent Party organization has not yet decided and announced the discipline, the Party member is still entitled to participate in Party activities, and the cell and Party organization continue their functions.
3. Duration for Disciplinary Record Removal for Communist Party Members
According to Clauses 7 and 8 of Article 39 of the Party Charter, if a Party member disagrees with the disciplinary decision, within 01 month from the date of receiving the decision, they have the right to appeal to the higher-level executive committee or supervisory committee up to the Central Executive Committee. The resolution of disciplinary appeals follows the regulations of the Central Executive Committee.
Upon receiving a disciplinary appeal, the executive committee or supervisory committee must notify the appealing Party member and review, resolve, and respond within the following timeframes:
- For provincial, city, district, and equivalent levels: No later than 03 months from the date of receiving the appeal.- For Central level: No later than 06 months from the date of receiving the appeal.
According to Clause 10 Article 2 of Regulation 102-QD/TW of the Central Executive Committee regulating the handling of disciplinary actions for Party members, after 01 year from the date of announcing the disciplinary decision or the resolution of the disciplinary appeal (except for expulsion decisions), if the Party member does not appeal, does not relapse, or does not engage in new violations warranting discipline, the disciplinary decision automatically loses its effect.
After 01 year from the date of announcing the disciplinary decision, except for the expulsion decision, if there are no complaints, relapses, or new violations warranting discipline, the Party member will not have to comply with the disciplinary decision. At this point, the Party member's disciplinary record will be removed.
Thus, the duration for removing the disciplinary record of a Communist Party member is after 01 year from the date of announcing the disciplinary decision (except in some special cases as per regulations).
Le Vy