Regulations on Disciplinary Actions for Party Organizations in Violation

This regulation stipulates the content of violations and the forms of disciplinary handling for violating party organizations.

Violating party organizations subject to disciplinary handling include: the cell committee, party cell, department party committee, departmental party committee, standing committee of the grassroots party committee; party committees, standing committees of party committees from the upper grassroots level and above; inspection committees at all levels; partisan committee offices, and party delegations.

In cases where the party organization violates contents not mentioned in this regulation, it will be based on mission requirements, the provisions of the Communist Party's charter, state laws, and apply this regulation accordingly for disciplinary handling.

Principles of Disciplinary Handling

The grassroots Communist Party committee, hierarchical party committee; the standing committee of the party committee, party committees from the district level and equivalent upwards have the authority to execute disciplinary actions against violating party organizations. The violating party organization must review and clarify responsibilities, voluntarily admit the form of discipline, and report to the competent authority for consideration and decision.

Party organizations at any level, regardless of the field, if violating to the extent requiring disciplinary action, must be reviewed and handled impartially, accurately, and promptly.

The execution of disciplinary actions against violating party organizations must follow the direction, guidelines, principles, procedures, and authority as prescribed by the Communist Party's charter and regulations.

When considering and deciding on the form of disciplinary action against a violating party organization, the basis must be on the function, duty, authority, content, nature, extent, harm, consequence, and cause of the violation, as well as aggravating or mitigating circumstances, self-criticism attitude, acceptance of criticism, corrective actions; the objectives, and requirements of implementing political tasks and Communist Party work.

Each violation content is only subject to disciplinary handling once by one form of discipline. During the inspection, review, and handling process of the case, if the party organization commits multiple violations, each violation must be reviewed and concluded separately, and then a common form of discipline decided; individual violations are not to be addressed with different disciplinary forms.

Disciplining a party organization must also clarify organizational responsibilities while considering the responsibilities of individual members to handle disciplinary actions against implicated party members; party members not disciplined personally are still subject to personnel work considerations by the authorized party organization. Party members in disciplined party organizations must bear responsibility for the violation content and disciplinary form of that organization, recorded in their party membership records. Party members not agreeing with or not directly related to the party organization's violations will also have this noted in their party membership records and their opinions reserved.

If a party organization is unjustly disciplined, the competent party organization issuing the disciplinary decision must annul or amend the disciplinary decision appropriately; if not, the superior authorized party organization will decide and review the responsibility of the organization that issued the decision.

The disciplinary decision against the violating party organization takes effect immediately upon announcement. The disciplinary decision must be reported to the superior party committee and inspection committee directly and notified to subordinate levels and where the violating party organization is located; the party committee with authority will decide the extent of broader notification required.

If the disciplined party organization has been merged, divided, or ceased operations, the announcement of the disciplinary decision will be carried out at the immediate superior party organization of that party organization.

Disciplinary Forms and Time Limits for Disciplinary Handling

The disciplinary forms for violating party organizations include: Reprimand, Warning, Dissolution.

The time limits for disciplinary handling of violating party organizations are stipulated as follows:

- 5 years for violations warranting a reprimand.

- 10 years for violations warranting a warning.

The time limit for disciplinary handling is calculated from the time the party organization commits the violation. If within the stipulated disciplinary time limit in Point 1, of this Article, the party organization commits new violations, the time limit for handling the old violations is calculated from the time of the new violation.

There are no time limits for disciplinary handling for violations warranting dissolution; violations involving internal politics; regarding national security, defense, foreign affairs harming national interests.

Source: Ministry of Justice

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