The process of settling complaints about party discipline according to Decision 35-QD/TW of Vietnam in 2021

The process of settling complaints about party discipline under Decision 35-QD/TW in 2021 (Illustration image)

Specifically, the steps taken to resolve complaints about party discipline of the Central Committee, the Politburo and the Secretariat of Vietnam are as follows:

(1) The inspection team works with the representative of the party organization that has decided to discipline or has resolved the complaint to implement the decision, plan for verification and verification, agree on the schedule for conducting and request to appoint staff to coordinate; and at the same time listen to the above-mentioned party organizations' reports and provide disciplinary enforcement records or disciplinary complaint settlement records, relevant information and documents.

(2) The inspection team studies the disciplinary enforcement file or complaint settlement file; conduct verification, verify, work with the representative of the party organization that has decided to discipline or the representative of the party organization that has settled the complaint but the complainant does not agree to continue to complain to the Central Government to discuss on the content, extent, nature, consequences and causes of the violation; clarifying the differences between the content of the disciplinary complaint and the disciplinary decision (form) and the decision to settle the complaint; the observance of principles, procedures, processes and competence in disciplinary review and settlement of complaints; request such party organizations to provide information, documents and evidence related to the complaint (if any), state their opinions in writing on the complaint content and the form of discipline.

- The inspection team works with the complainant and related organizations and individuals.

- If there is a need for professional and technical assessment, appraisal and assessment by functional agencies as a basis for concluding the complaint contents, the head of the delegation shall consider and decide.

- In case new circumstances are discovered leading to a change in the nature of the case, the inspection team will work with party organizations that have decided to discipline and settle disciplinary complaints to review the implementation of the procedures, clarify the content of violations; prepare a draft report on verification and verification results.

(3) Hold a conference with the party organization that has decided to discipline or has resolved the disciplinary complaint so that the inspection team can notify the inspection and verification results and opinions of the party organization managing the complainant and the relevant party; conference to discuss and agree on the proposal to approve the applied discipline or decide to settle the complaint or vote by secret ballot on the proposal to change or remove the applied discipline for the case there are new circumstances leading to a change in the nature of the case.

(4) The inspection team examined and verified unclear contents or had different opinions between the complainant and the party organization that had decided to discipline and settled the disciplinary complaint. Finalize the draft report on complaint settlement results and seek the opinion of the Central Inspection Committee before submitting to the Secretariat, the Politburo, and the Central Committee of Vietnam (via the Party Central Committee's Office).

(5) The Office of the Party Central Committee reports to the Standing Comrade of the Secretariat to consider and decide on the composition and timing of submission to the Politburo Conference or the Secretariat of Vietnam; send a report on the settlement of disciplinary complaints to comrades of the Secretariat, members of the Politburo at least 3 days before the meeting or to members of the Central Committee before the meeting at least 5 working days according to the settlement competence.

After taking the above steps, the Conference considers and decides on disciplinary action: The inspection team reports the settlement results at the meeting of the Politburo or the Secretariat. In case it falls under the handling competence of the Central Committee, the inspection team shall report to the Politburo or the Secretariat for guidance before submitting it to the Central Committee.

The representative of the Secretariat or the Politburo, the Central Executive Committee shall notify or authorize the inspection team or the competent party organization to notify the decision on settlement of disciplinary complaints to the complainants and organizations. relevant party and party members to implement and report the results to the subject of complaint settlement.

Decision 35-QD/TW of Vietnam takes effect from October 15, 2021 and replaces Decision 321-QD/TW dated August 6, 2010.

Bao Ngoc

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