Vietnam: Details of prohibited acts of Party members in 2020

Vietnam: Details of prohibited acts of Party members in 2020 (Internet image)

According to the provisions in Regulation 47-QD/TW and Instruction 03-HD/UBKTTW, the acts that Party members in Vietnam are not allowed to commit in 2020 include:

1. Speaking or acting against or failing to implement the Party's political platform, Party Charter, resolutions, directives, regulations, decisions, and conclusions; committing acts that are not permitted by law.

Specifically, Party members are not allowed to:

- Make statements, give interviews, or write articles for the press (including foreign press) that go against the Party's political platform, Party's Charter, resolutions, directives, regulations, decisions, rules, and conclusion of the Communist Party of Vietnam, and laws of the State.

- Directing, organizing the implementation incorrectly, incompletely, or failing to direct, implement the Party's political platform, Party Charter, resolutions, directives, regulations, decisions, rules, and conclusion of the Communist Party of Vietnam, higher levels, and one's own level.

- Engage in legal activities that may affect the Party's reputation, or the role of being an exemplary model for Party members.

This does not apply in cases where Party members express different opinions during scientific workshops, meetings, or conferences organized or permitted by competent Party, State, Fatherland Front, and political-social organizations in accordance with regulations.

2. Disclosing, losing, or writing articles, posting confidential information or documents of the Party and the State, or engaging in unauthorized publication; storing, disseminating, distributing, or inciting others to disseminate information or documents in any form that go against the Party's line and the laws of the State.

3. Disseminating untrue articles, memoirs in any form.

Specifically, Party members are not allowed to:

- Write articles, publish information, photos, or articles that do not reflect the truth of the actual events; fabricate or make conclusions related to a case or arbitrarily determine charges and sentences before the court has conducted a trial; fail to publish a response or correction according to regulations.

- Create, produce, store, and disseminate works of literature, art that are unhealthy in any form, with the following content and nature:

+ Incite opposition to the Party, the State, the regime, or undermine the great national unity bloc.

+ Incite violence, propagate invasion wars and psychological wars, sow hatred between ethnic groups and religions, create suspicion, confusion among the people; propagate opportunistic, pragmatic, and unethical lifestyles.

+ Distort history, inaccurately reflect the Party, the State, the Vietnamese people, organizations, and individuals; deny the leadership role of the Party and individual leaders in the revolutionary cause; fabricate and falsify to defame the honor of organizations, dignity, and personal privacy.

+ Reflect issues related to the history of the Party that have not been authorized by the competent level for public disclosure.

+ Disseminate reactionary, degenerate cultural products, with superstitious characteristics (buying, selling, printing, copying, storing, disseminating, and propagating through books, publications, tapes, discs, films, photos, and other material storage devices).

- Disseminate untrue articles, memoirs in any form.

4. Organizing, inciting, and participating in factional, divisive, and local activities that cause internal disunity; Exploiting the right to speak, in the name of reflection, and giving opinions to the Party to attack, accuse, offend, arbitrarily comment on, and evaluate others; Threatening, oppressing, or seeking revenge against whistleblowers, critics, or those who provide suggestions.

Specifically, Party members are not allowed to:

- Chair, participate in organizing, mobilizing, and gathering Party members, masses with a local, factional, ethnic, family, or interest group nature to compete for economic, political benefits, positions, and positions in elections, appointments, arrangements, and arrangements of officials of the Communist Party of Vietnam, government, political-social organizations, professional social organizations, and businesses.

- Exploit the right to criticize, freedom of speech, the press, forums, and clubs to speak or, in the name of reflection, give opinions to the Party to comment, evaluate, and judge beyond the scope permitted by the organization; attack, accuse, and offend collectives and individuals.

- Engage in acts of intimidation, revenge, or oppression in any form against whistleblowers, critics, or those who provide suggestions within oneself, parents, spouses, children, siblings, or organizations that they are responsible for.

8. "Red tape", irresponsibility, cover-ups, reporting false information, abuse of power, and interference when performing tasks. Neglecting responsibilities leading to disunity, corruption, smuggling, wastefulness, asset loss, and other negative outcomes in the organizations, units, or localities directly under their responsibility. Engaging in behaviors that allow their relatives (parents, spouses, children, siblings) to carry out projects or engage in business activities in sectors or units directly under their responsibility, in violation of regulations. Knowing about but not reporting, reflecting, or dealing with corrupt activities; not implementing regulations on protecting whistleblowers.

Specifically, Party members are not allowed to:

- Engage in "Red tape": being detached from reality, not understanding the situation in the organization, unit, or locality, or not assigning clear tasks to subordinates; not checking, supervising, or inadequately checking, supervising, or urging subordinates to fulfill their duties; not applying necessary measures to prevent and stop violations.

- Display irresponsibility: not fully or properly fulfilling assigned duties, not following principles, procedures, processes, regulations, and time frames as regulated; evading, pushing, relinquishing responsibilities, or delaying in resolving and addressing the consequences of incidents occurring in the organizations, localities, or units directly under their responsibility.

- Covering up: concealing shortcomings, violations, or crimes committed by organizations or individuals.

- Reporting false information: misrepresenting the situation in the organization, unit, locality, or incidents occurring in the areas directly under their responsibility in the fields of economics, society, Party building, governance, mass organizations, political security, social order, corruption, and negativity.

- Abusing power and interfering when performing tasks: exceeding their authority or performing tasks without authorization; creating difficulties, inconveniences, or imposing improper procedural requirements; persisting in their own interests during the execution of their duties.

- Engaging in any form of behavior (phone calls, text messages, letters, introductions, organizing meetings, creating pressure) to allow their relatives (parents, spouses, children, siblings):

+ To receive projects, contracts, handle finances, assets, grant licenses, approve tenders, or other economic benefits in the sectors, organizations, units, or localities directly under their responsibility.

+ To win bids, be designated to implement projects, purchase shares or stocks in violation of regulations, contribute capital to enterprises, or establish businesses operating in the fields and industries directly under their management.

+ To require production units, investors, or construction contractors to purchase raw materials, supplies, equipment, products, goods, or hire services from their production, business, service facilities, or their affiliated agencies.

+ To receive favorable and unreasonable tax incentives, production and business procedures, and conditions serving their production and business activities.

- Advising businesses, service organizations, and other business organizations of their parents, spouses, children, and siblings both domestically and internationally on matters related to their decision-making authority and involvement in their own decision-making process, in violation of regulations.

- Knowing about but not reporting or reflecting inaccurately or incompletely; not promptly handling or preventing corrupt activities; covering up, protecting, tolerating, or aiding subordinates in violating regulations.

- Not implementing regulations on protecting the lives, honor, and political and economic rights of anti-corruption individuals and their families.

9. Violating regulations in the following activities: managing houses, land, assets, capital, and finances of the Party and the State; mobilizing capital and lending credit; appraising, approving, and bidding for projects; implementing social security policies, relief, and rescue activities; conducting inspections, audits, and regulations in litigation activities.

Specifically, Party members are not allowed to:

- Violate the regulations of the Party and the laws of the State or the regulations of the Fatherland Front, political-social organizations, and non-governmental organizations of which they are members in the following activities:

+ Allocating land, reclaiming land, changing land use purposes and rights to use land; illegally leasing, encroaching, buying and selling land, using land for purposes other than what it was allocated for, issuing land use certificates and other regulations on land management and use.

+ Managing houses, workplaces, assets, capital, and finances of the Party and the State.

+ Mobilizing capital and conducting credit lending activities.

+ Appraising, approving, bidding for projects, or taking advantage of positions and powers to benefit individuals, organizations, and relevant agencies.

+ Failing to timely and effectively implement the state's social security policies; relief and rescue activities; embezzling or misappropriating funds and materials for these activities.

- Being irresponsible in carrying out assigned tasks and duties; causing difficulties and inconveniences to the subjects; mishandling Party regulations and state laws in inspection, auditing, and monitoring activities, specifically as follows:

+ Being irresponsible in performing duties:

++ Not complying with regulations on inspection, auditing, and monitoring (procedures, methods, and professional practices) resulting in distorted inspection, auditing, and monitoring conclusions, causing financial loss or infringing upon the legitimate rights and interests of organizations and individuals.

++ Not urging, inspecting, or monitoring the work results of officials and public employees to comply with the regulations of the Party and the laws of the State.

++ Failing to handle or mishandling violations committed by officials and public employees.

+ Causing inconvenience and difficulties to the subjects of inspection, auditing, and monitoring:

++ Having an authoritative and disrespectful attitude in communication and behaving uncivilized.

++ Not resolving complaints, denunciations, and not responding within the prescribed time without justifiable reasons.
Imposing improper conditions, requirements, procedures, and processes beyond regulations.

++ Indicating that the subject must spend money or satisfy other material or spiritual interests to change the results of inspection, auditing, and monitoring.

+ Mishandling Party regulations and state laws:

++ Extending the inspection, auditing, and monitoring period without justifiable reasons; using draft conclusions, minutes, and related information not included in the procedures and regulations to create conditions for pressuring and extorting organizations, agencies, and enterprises in any form.

++ Providing advice to competent authorities to reduce responsibilities, values, levels of damage, and losses for the subjects compared to the actual damages to the interests of the State and individuals.

++ Illegally detaining money and assets.

+ Concealing, conniving, or assisting organizations, agencies, units, and enterprises in violating the above regulations.

- Violating the provisions of the law in initiating prosecution, investigation, prosecution, trial, execution of judgments, and preventive measures (arrest, temporary detention, remand) during the process of combating crime.

- Failing to take measures to direct and organize the prevention and handling of agencies, units, organizations, and individuals that they are directly responsible for in case of violations mentioned in Article 9 above or to request the rectification of the consequences caused.

10. Interfering and influencing organizations and individuals in order to be appointed, nominated, elected, study abroad, or go abroad in violation of regulations. Abusing the assigned position to misappropriate, borrow, or lend money or assets of the directly managed subject in violation of regulations. Forcing, bribing individuals or organizations to cover up, reduce charges for others.

Specifically, Party members are not allowed to:

- Interfere, influence; take advantage of their position, power; take advantage of the influence of individuals with positions, power; establish personal relationships, use material resources or other forms to influence, bribe, or exert pressure on individuals or organizations responsible for decision-making in order to be appointed, nominated, assigned work, elected, study abroad, or go abroad in violation of regulations.

- Personally or through organizations and individuals, misappropriate, borrow, or loan money, assets of the collective, agency, unit, organization, or enterprise directly managed by themselves in violation of the legal provisions or causing difficulties for individuals and organizations.

- Use their position, power, and work position to force, exert pressure, threaten, control, attract, promise, or use material benefits or other benefits to bribe, interfere, and influence organizations and individuals to cover up, reduce charges for others.

11. Taking the lead, advising, proposing, and participating in the issuance of documents that violate regulations. Creating conditions or engaging in actions that allow their parents, spouses, children, siblings, or relatives to exploit their positions or official positions for personal gain.

Specifically, Party members are not allowed to:

- Take the lead, advise, assess, propose, approve, participate in the issuance or organize the implementation of mechanisms, policies, and decisions of agencies, units, organizations, and localities that are contrary to the Party's political platform, Party Charter, resolutions, directives, regulations, and conclusions of the Party, and laws of the State and superiors, which harm the national interests or legitimate interests of organizations and individuals.

- Engage in any form of behavior (making phone calls, sending messages, writing letters, introducing, organizing meetings, or using direct relatives or acquaintances for direct exchanges and other forms), or know but not take measures to prevent their parents, spouses, children, siblings, or relatives from exploiting their positions or official positions to intervene, influence, propose, or exert pressure to gain personal benefits.

12. Accepting, giving, or brokering bribery; brokering administrative procedures or taking advantage of official positions to broker under any form that violates regulations on giving, receiving, or brokering commissions.

Specifically, Party members are not allowed to receive material benefits in any form that violates the Party's regulations, laws of the State, and social ethics, including:

- Receiving, giving, or brokering bribery; aiding, abetting, or covering up the act of giving, receiving, or brokering bribery.

- Suggesting, demanding, or coercing organizations or individuals to pay unauthorized expenses when resolving administrative procedures or public services for personal gain.

- Brokering in the field or job that they are directly in charge of or directly involved in to receive commissions.

- Receiving or deciding on commissions for transactions or brokering that violate legal regulations.

13. Providing false reports, records, or personal history; declaring assets, income inaccurately or not in accordance with regulations; opening accounts abroad in violation of regulations; engaging in money laundering activities.

Specifically, Party members are not allowed to:

- Provide false reports, records, or personal history: incorrect, incomplete, vague, or altered declarations; concealing, erasing, adding, or changing documents or information in their records, or declaring inaccurately in terms of content, time, place, person, or management authority or verification procedures.

- Declare assets, income inaccurately according to regulations:

+ Failing to declare assets, income as regulated; declaring the number, type, value, characteristics, and changes of assets, income inaccurately or incompletely according to the law.

+ Failing to instruct, organize, inspect, or urge the declaration of assets, income assigned duties and tasks; delaying the consolidation of reports on transparent assets, income according to regulations.

- Open accounts abroad in violation of regulations.

- Engage in money laundering activities in any form.

14. Organizing tours, giving gifts, and entertainment to take advantage of individuals with responsibilities leading to wrongful decision-making, benefiting oneself or the organizations, agencies, or enterprises that they are involved in.

Specifically, Party members are not allowed to organize tours, give gifts, or entertain to take advantage of individuals with responsibilities, leading to those individuals making wrongful decisions beyond their scope of duties for personal gain or for the benefit of the organizations, agencies, or enterprises they are involved in in the following matters:

- Formulating policies, regulations; approving projects; deciding on age changes, appointments, promotions, military ranks, transfers in positions, changes in charges, sentences, and disciplinary forms; deciding on the issuance of degrees, certificates, licenses, commendations, recognition or confirmation of academic titles, degrees, and honorary titles.

- Deciding on the allocation of resources: budget, resources, human resources, investment capital; upgrading, expanding facilities, scale, training and vocational training targets.

- Deciding on changes in planning, projects; converting the purpose and land use rights; changing the purpose of using works, investment capital, production, and business.

15. Using the Party's fund for visiting, entertaining guests, giving gifts, constructing projects, purchasing equipment, vehicles, transportation, or exceeding standards, regulations, or provisions. Seizing, leasing, and lending state assets, organizations entrusted with management and use in violation of regulations.

Specifically, Party members are not allowed to:

- Use the Party's fund (money from the state budget or funds with origins from the state budget), reward funds, and collective welfare funds of state-owned enterprises to:

+ Visit, entertain guests, reward, or give gifts in any form in violation of Party regulations and state laws.

+ Construct projects, purchase equipment, vehicles, transportation, and communication equipment exceeding standards, regulations, or without the approval of competent authorities.

- Seize, lease, or lend state assets, organizations (party organizations, state organizations, Fatherland Front, political-social organizations, professional social organizations, enterprises, cooperative economic organizations, cooperatives, and armed forces units) entrusted with management and use, in violation of regulations.

16. Personally or through actions, allow a father, mother, spouse, children, or siblings, to travel, sightsee, study, or receive medical treatment within or outside the country using funding from domestic or foreign organizations, without permission from competent authorities.

Specifically, Party members are not allowed to take advantage of their positions, powers, and work positions in political, economic, Fatherland Front, and political-social organizations; individuals with the authority to resolve or participate in resolving financial, asset, licensing, project approval, or personnel work matters to allow themselves or be aware but not prevent their father, mother, spouse, children, or siblings from traveling, sightseeing, studying, or receiving medical treatment within or outside the country using funding from domestic organizations or foreign organizations without permission from competent authorities.

17. Organize, participate in gambling in any form; lend money in violation of the law; use drugs; consume alcohol to an excessive extent, and engage in other social vices. Violate professional ethics; engage in violent behavior within the family, violate population policies and family planning, live with someone as a spouse; personally or allow children to marry foreigners in violation of regulations.

Specifically, Party members are not allowed to:

- Organize or participate in gambling in any form.

- Participate in gambling, and lend money in violation of the law.

- Use drugs in any form (except for drugs permitted for medical treatment).

- Drink alcohol to an excessive extent, lose their dignity (cause accidents while driving, disturb public order, make arbitrary statements, or engage in other uncultured behaviors).

- Personally or allow a father, mother, spouse, children, siblings, or organizations directly managed or participated in by themselves to engage in services involving social vices.

- Violate professional ethics (rules of conduct for officials, civil servants, employees, professional ethics, disciplinary regulations, and orders).

- Engage in violent behavior within the family, causing physical, mental, sexual, or economic harm: mistreat, abuse, beat, insult, isolate, expel, prevent from fulfilling obligations, coerce, appropriate, create a state of dependence for father, mother, spouse, children, grandchildren, siblings, and other members of the family (including divorced spouses and other members of the family). Incite violence, obstruct efforts to prevent domestic violence, or cover up failure to address domestic violence.

- Live together or have a relationship as husband and wife with someone else without marriage certificate in cases of not having a spouse or having a spouse.

- Violate Regulation 127-QD/TW, dated November 3rd, 2004, of the Party Central Committee (9th tenure) "on Party members having marital relationships with foreigners, Party members having children with foreigners, and admitting those who have marital relationships with foreigners into the Party".

18. Being superstitious, engaging in superstitious activities (burning joss paper, working as shamans, fortune tellers). Establishing illegal temples, shrines, and places of worship for unauthorized religious practices; supporting or participating in illegal religious activities; participating in organizations established by religions without authorized permission. Exploiting beliefs for personal gain.

Specifically, Party members are not allowed to hinder the freedom of legitimate religious beliefs, while also not being allowed to participate in or engage in the following actions:

- Burning joss paper: burning objects made of paper or other materials such as airplanes, cars, motorcycles, televisions, refrigerators, houses, boats, people, and animals in large quantities, causing wastefulness.

- Fortune telling, divination, playing cards, casting spells, exorcism, and other superstitious activities (believing in spirits, demons, supernatural phenomena, or baseless rumors). Engaging in occupations such as mediums, fortune tellers, or spiritual advisors with the intention of deceiving and profiting.

- Organizing, participating in, or supporting individuals or organizations in establishing temples, pagodas, shrines, places of worship, or religious buildings without permission from the authorized state agencies.

- Supporting or participating in illegal religious activities; participating in organizations established by religions; or engaging in activities organized by religions without authorized permission.

+ Directly supporting or mobilizing other individuals or organizations to support religious activities in any form that violate regulations.

+ Directly participating in or organizing, initiating, mobilizing, enticing, or coercing others to participate in illegal religious activities; participating in organizations established by religions or activities organized by religions without authorized permission from the state agencies.

- Exploiting beliefs in any form for personal gain.

19. Organizing weddings, funerals, holidays, birthdays, wedding anniversaries, celebrations of longevity, housewarming parties, promotions, or transfers in a luxurious or wasteful manner, or with the intention of profiting.

- Organizing weddings, funerals, holidays, birthdays, wedding anniversaries, celebrations of longevity, housewarming parties, promotions, and transfers are normal activities and social gatherings for both the general public and party members, but they must comply with the requirements of the new cultural lifestyle, be in accordance with customs, traditions, and communal life in society, be economical, and prevent wastefulness:

+ Extravagance: understood as organizing excessively extravagant events; with excessive material costs, large-scale events, and prolonged dining arrangements that cause public resentment and dissatisfaction.

+ Wastefulness: understood as unnecessary and excessive spending (exceeding the prescribed limits, standards, and regulations issued by authorized state agencies, including approved agreements and conventions) that causes public resentment or condemnation by society.

+ Profiting: understood as seeking personal gains in an illegal manner.

- When receiving celebratory gifts, presents, or offerings (money, assets, or other material benefits) that exceed the regulations and provisions of the Party and the laws of the state and cannot be refused, Party members must report and strictly comply with the decisions of the authorized organization.

Nguyen Trinh

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