Authority to discipline violating party members in Vietnam

Authority to discipline violating party members in Vietnam (Internet image)

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

1. Forms of disciplining party members and party organizations that commit violations in Vietnam

According to Clause 2, Article 35 of the Charter of the Communist Party of Vietnam 2011, forms of discipline for violating party members or organizations include:

- For party organizations: reprimand, warn, dissolve;

- For official party members: reprimand, warning, dismissal, expulsion;

- For reserve party members: reprimand, warning.

2. Authority to discipline violating party members in Vietnam 

Competence to discipline party members violating Article 36 of the Charter of the Communist Party of Vietnam 2011 is as follows:

- The Party cell may decide to reprimand and warn Party members in the branch (including Party committee members at all levels and members under the management of Party committees at higher levels) for violating political, ideological, ethical, lifestyle, and party activities (except for tasks assigned by superiors).

The grassroots Party Committee will decide whether to reprimand and warn party members on the Party Committee, as well as dismiss lower-ranking members.

The grassroots party committees authorized to decide on the admission of party members have the right to decide to expel party members, but they are not members of the same level, and the party members are cadres under the management of higher level committees.

- Party committees of provinces, cities, districts, and the equivalent shall decide on forms of disciplining party members; decide to reprimand and warn members of the Party at all levels, Party members under the management of superiors' committees, for violations of political quality, ideology, morality, lifestyle, party activities, and performance of party member duties; decide to reprimand and warn members of the same level for violations of the tasks assigned by the party committee.

The Standing Committee of the Party Committee shall decide on forms of disciplining Party members; decide to reprimand and warn members of the Party at all levels, Party members under the management of superiors' committees for violations of political qualities, ideology, morality, lifestyle, party activities, and performance of party member duties, and officials under the management of superiors' committees for violations of their assigned professional tasks.

- The Central Committee decides the forms of discipline for party members, including members of the Central Committee, members of the Secretariat, and members of the Politburo.

The Politburo and the Secretariat shall decide on forms of disciplining Party members, including Party members who are cadres under the management of the Politburo and the Secretariat; reprimand and warn the members of the Central Committee of the Communist Party of Vietnam for violations of the political, ideological, ethical, lifestyle, party activities, and performance of party member duties.

- Inspection committees from the district, district, and equivalent levels or higher shall decide on disciplinary forms for party members who are not members of the same level and shall decide to reprimand and warn cadres belonging to the party committee at the same management level and their immediate subordinates.

- Higher level committees and inspection committees have the right to approve, change, or remove disciplinary forms decided by subordinates.

- Party members holding many positions are disciplined and dismissed, depending on the severity and nature of the violation, but are separated from one or more positions.

3. Authority to discipline violating party organizations in Vietnam

Article 37 of the Charter of the Communist Party of Vietnam 2011 stipulates the authority to discipline violating party organizations as follows:

- The immediate superior party committees shall decide to reprimand and warn the subordinate party organizations.

- The immediate superior party committee proposes and the superior party committee decides disciplinary action for dissolving a party organization at one level.This decision must be reported to the immediate superior committee and the Central Inspection Committee.

- Only dissolve a party organization when that organization commits one of the following cases: taking action against the Party's lines and policies; especially serious violations of the principles of party organization and activities or the laws of the State.

Le Truong Quoc Dat

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