What are penalties for members of Communist Party of Vietnam for fighting with others?

What are penalties for members of Communist Party of Vietnam for fighting with others? (Illustrative image)

Shall a CPV member engaging in a fight be expelled from the Communist Party of Vietnam?

According to the provision at Article 33 Regulation 102-QD/TW of 2017, a CPV member who engages in disruptive behavior, picking fights, fighting, or exhibiting uncultured behavior that disrupts public order and security will be disciplined as follows:

- If the violation causes minor consequences, the member will be reprimanded;

- If the violation has previously been disciplined by reprimand but recurs, or if the first violation causes serious consequences, the member will be warned or demoted (if they hold a position);

- If the violation causes very serious consequences or involves one of the following circumstances, the member will be expelled from the Communist Party:

- Retaliating against or repressing the person who discovered, reported, or prevented domestic violence;- Abusing, mistreating, or assaulting or having other behaviors harming the health, life; insulting, offending the honor, dignity; isolating, expelling, or regularly causing psychological pressure on family members or caretakers.

Additionally, at Clause 2a Article 5 of Decree 167/2013/ND-CP, it is stipulated that a fine from 500,000 to 1,000,000 VND will be imposed on actions involving fighting or inciting others to fight.

Thus, based on the aforementioned provisions, a CPV member engaging in disruptive behavior, picking fights, fighting with others, or exhibiting uncultured behavior that disrupts public order and security will be disciplined according to the Party's regulations. Depending on the extent and consequences of the disruptive behavior, the member will face different disciplinary measures. However, a CPV member who causes very serious consequences or abuses, mistreats, assaults, or engages in other behaviors harming the health or life; insults, offends the honor, dignity; isolates, expels, or regularly causes psychological pressure on family members or caretakers will be expelled from the Communist Party. At the same time, a CPV member fighting with others will be fined from 500,000 to 1,000,000 VND according to administrative violation penalties.

Shall a CPV member engaging in a fight be criminally prosecuted?

In addition to disciplinary action according to Party regulations and administrative fines, a CPV member engaging in a fight or quarrel with others, depending on the level of violation, can also face criminal responsibility for the crime of intentionally causing harm to the health of others according to the Criminal Code 2015.

At Clause 1 Article 134 of the Criminal Code 2015, amended by Clause 22 Article 1 of Law amending the Criminal Code 2017, it is stipulated that a CPV member will be sentenced to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years if they intentionally cause harm to the health of another person with a body injury rate from 11% to 30%, or under 11% but under one of the following circumstances:

- Using weapons, explosives, dangerous tools, or methods capable of causing harm to many people;

- Using dangerous acids or chemicals;

- Against persons under 16 years old, pregnant women known to be pregnant, the elderly, the sick, or other incapable persons;

- Against one's own grandparents, parents, teachers, mentors, caregivers, or medical personnel;

- Organized;

- Taking advantage of one's position or power;

- During detention, temporary custody, imprisonment, while serving a prison sentence, under judicial measures of education at reform schools, or under administrative measures for re-education, enforced at compulsory education or drug rehabilitation facilities;

- Hiring to cause injury or harm to another person's health or causing injury or harm due to being hired;

- Having a thuggish nature;- Against persons performing public duties or because of the public duties of the victim.

Additionally, a CPV member who intentionally causes serious injury or detriment to another person's health with a body injury rate over 31% or causes death will be sentenced from 2 years to 14 years in prison.

Based on the above provisions, depending on the level of the victim’s injury, a CPV member will face different criminal liabilities such as non-custodial reform or imprisonment. Additionally, a CPV member can be imprisoned for up to 14 years if their fight results in the death of another person.

Ty Na

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