Process for handling complaints against CPV members who are officials under the management of the Central Government of Vietnam

Process for handling complaints against CPV members who are officials under the management of the Central Government of Vietnam (Image from the Internet)

On June 6, 2024, the Politburo issued Decision 164-QĐ/TW on the process for handling complaints against CPV organizations affiliated to the Central Government and CPV members who are officials under the management of the Central Government.

Process for handling complaints against CPV members who are officials under the management of the Central Government of Vietnam

(1) PREPARATION STEP

• Establish a complaint-handling team and develop a plan to handle the complaint:

  • The Central Inspection Commission (or the advising and assisting agency of the Politburo, Secretariat assigned by the Permanent Secretariat) works with the complainant to clearly identify the identity and address of the complainant; the CPV organization, CPV member being complained against, and the content of the complaint; advises on the formation of a complaint-handling team (henceforth referred to as the inspection team) and a plan to handle the complaint.

  • The Politburo, Secretariat issues a decision to establish the team and a plan to handle the complaint, based on the nature and content of the complaint to decide on the team leader, composition, and number of team members accordingly. The plan to handle the complaint must clearly define the purpose, requirements, content, subjects, timelines, methods, and duration of the process. The complaint-handling duration is not to exceed 180 days from the date the decision to establish the inspection team is issued, with a possible extension of no more than 60 days if necessary.

• The inspection team studies the complaint, develops a framework for the complained-against CPV organization or CPV member to report their explanation; predicts the inspection team's work schedule, activity rules, assignment of tasks to each team member; prepares related documents and materials.

• The Central Office of the Communist Party of Vietnam ensures funding and necessary conditions for the inspection team to carry out their tasks.

(2) EXECUTION STEP

• The inspection team or its representative implements the decision, plan to handle the complaint, aligns the work schedule with the complained-against CPV organization, CPV member, and the CPV organization directly managing the CPV member; requires the complained-against CPV organization, CPV member to prepare a report according to the framework, provide related documents and records; directs relevant organizations and individuals to cooperate.

• The complained-against CPV organization, CPV member prepares a written explanation report and related documents and sends them to the Politburo, Secretariat (through the inspection team).

• The inspection team investigates, verifies:

  • The inspection team studies the report, documents, and evidence received; investigates, verifies, and works with the complainant, the complained-against CPV organization, CPV member, and related organizations and individuals.

  During the verification process, the inspection team directly meets and works with the complainant (if necessary) to clarify, add further explanation about the complaint; guides the complainant on their rights and responsibilities; implements protective measures for the complainant as per regulations. When adjustments or additions regarding content, timeline, or further specialized evaluation are needed, the inspection team reports to the Politburo, Secretariat for consideration and decision.

  • The inspection team drafts the complaint resolution report.

  If the violation is clear, requiring disciplinary action, and the complained-against CPV organization, CPV member proactively acknowledges and accepts appropriate disciplinary measures, the inspection team leader reports to the Permanent Secretariat to combine the disciplinary process with the complaint resolution process (dual process).

  If during the verification other potential violations by the complained-against CPV organization, CPV member are discovered, the inspection team leader reports to the Politburo, Secretariat for a decision to switch to a sign-of-violation investigation or assigns the Central Inspection Commission to conduct the investigation; includes the complaint resolution conclusion in the violation investigation report for a comprehensive conclusion; simultaneously closes the complaint resolution process.

• Organize a conference to approve the complaint resolution report (the complained-against CPV organization, the managing CPV organization of the complained-against CPV member hosts and records the conference minutes).

  • Attendees: The inspection team, complained-against CPV organization, CPV member, and the directly managing CPV organization of the complained-against CPV member (the inspection team leader decides on the hosting CPV organization, conference attendees).

  • Content: The inspection team presents the complaint resolution report; the complained-against CPV organization, CPV member presents their explanation, acknowledges any disciplinary actions; the conference discusses and gives opinions; votes on disciplinary actions if necessary.

• The inspection team continues to verify unclear aspects or differing opinions; finalizes the draft complaint resolution report.

• The inspection team coordinates with the Central Office of the Communist Party of Vietnam to report to the Permanent Secretariat for determining the time and attendees for the Politburo, Secretariat conference; sends the complaint resolution report and related documents to Politburo members, Secretariat members according to working regulations.

(3) FINAL STEP

• Politburo, Secretariat conference to consider, conclude (If under the Central Party Committee jurisdiction, the inspection team reports to the Politburo for directional opinions before presenting to the Central Party Committee):

  • Participants: Politburo or Secretariat or Central Party Committee; inspection team representative; representatives from the Central Inspection Commission, Central Office of the Party, Central Organization Commission, Central Party agencies, and related CPV organizations, CPV members.

  • Content: The inspection team reports the complaint resolution results; fully presents the opinions of the complained-against CPV organization, CPV member and the complainant, related CPV organizations, and CPV members. The conference discusses, concludes; votes on disciplinary decisions or recommends disciplinary actions to the competent authority (if conducting the dual process).

  • The inspection team completes the notification of the complaint resolution conclusion, disciplinary decision, or submits it to the competent authority for disciplinary action approval for the Permanent Secretariat's signature and issuance.

• The inspection team is authorized to notify the complaint resolution conclusion and disciplinary decision (if any) to the complained-against CPV organization, CPV member, and related organizations and individuals or to implement the disciplinary process (if any).

  The inspection team representative coordinates with the Central Office of the Communist Party of Vietnam to appropriately notify the complainant of the complaint resolution conclusion.

• The inspection team holds a review session, completes the dossier to hand over to the Central Office of the Communist Party of Vietnam for archiving according to regulations.

• Assign the Central Inspection Commission to oversee, monitor the subject of the complaint and related organizations and individuals to enforce the complaint resolution conclusions and disciplinary decisions (if any).

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