Leaders who proactively resign will be considered exempt from disciplinary action according to Regulation 132 in Vietnam

Leaders who proactively resign will be considered exempt from disciplinary action according to Regulation 132 in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

On October 27, 2023, the Politburo issued Regulation 132-QD/TW on controlling power, preventing corruption, and combating misconduct in investigation, prosecution, trial and judgment enforcement activities.

1. Leaders who proactively resign will be considered exempt from disciplinary action according to Regulation 132 in Vietnam

According to Article 12 of Regulation 132-QD/TW 2023, it clearly states the handling of responsibilities when violations, abuse, abuse of position, abuse of power, corruption, and misconduct occur as follows:

* For organizations:

Party committees and organizations that allow violations, abuse, abuse of positions and powers, abuse of power, corruption, and negative acts within the scope of responsibility, leadership, and direction to occur will be handled according to the Party's regulations.

* For leaders of party committees, party organizations, agencies, organizations, and units:

- Heads, members of party committees, party organizations, and members of collective leaders of agencies, organizations, and units who commit violations, take advantage, abuse positions, powers, or abuse of power, corruption, misconduct in litigation activities, judgment enforcement, and other related activities at the agency, organization, unit, and scope of work assigned to directly manage and be in charge of will be handled according to the Party's regulations, State laws and regulations of agencies, organizations, and units.

- Being considered for increased liability in cases of detecting violations, taking advantage, abusing positions, powers, abuse of power, corruption, or misconduct without applying necessary measures according to authority to promptly prevent, handle, and overcome the consequences of violations or failure to promptly report according to Party regulations and State laws.

- Consider excluding liability in cases where it is impossible to know or have applied necessary measures according to authority to prevent and stop violations, abuse, abuse of position, abuse of power, corruption, misconduct in litigation, judgment enforcement, and other related activities.

- Be considered for exemption or reduction of liability in case of proactive discovery and application of necessary measures according to authority to prevent, handle, and overcome the consequences, or report to competent authorities to handle and overcome the consequences of violations, abuse, abuse of position, power, corruption, and negative acts; or in case there are grounds to prove that you do not agree with the collective's resolutions, decisions, conclusions, or orders that are contrary to the Party's regulations or the State's laws, or of the heads of party committees, party organizations, agencies, organizations, and units.

- Be considered for exemption or reduction of disciplinary action if you proactively request to resign from your position, resign, or leave your job before being discovered and handled by competent authorities, except in cases of criminal prosecution.

Thus, according to the above regulations, leaders will be considered for exemption or reduction of disciplinary action if they proactively resign before being detected and handled by competent authorities, except in cases of criminal prosecution. .

2. Handling violations, abuse of positions and powers, corruption, and misconduct in proceedings and judgment enforcement in Vietnam

Organizations and individuals who commit acts of violating, taking advantage of, abusing positions and powers, abusing power, corruption, and misconduct in litigation, judgment enforcement, and other related activities must be strictly handled according to party regulations, state laws, and the regulations of agencies, organizations, and units.

Violations, abuse of position, abuse of power, corruption, and misconduct have no regulations for handling based on the Party's Charter and regulations, State laws, charters, and regulations of mass organizations to handle the matter appropriately.

Disciplinary action has been taken in the case, but deemed necessary, the competent authority must resolutely transfer the violator from the position he is holding, replace him, release him from his position, relieve him of duty, resign for failure to arrange work related to litigation activities, judgment enforcement, and other related activities; revoke or not reappoint judicial positions, judicial assistants, and positions in agencies and organizations with other activities related to proceedings and judgment enforcement.

- In cases of violations that require criminal prosecution, the file must be transferred to the competent authority for handling according to the provisions of the law, and retention for internal handling is strictly prohibited.

(Article 11 of Regulation 132-QD/TW 2023)

Nguyen Ngoc Que Anh

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