5 Cases where wrongfully disciplined party members are not eligible for apologies or restoration of benefits in Vietnam

5 Cases where wrongfully disciplined party members are not eligible for apologies or restoration of benefits in Vietnam (Image from the Internet)

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

1. What is being wrongful disciplined?

According to Clause 1, Article 2 of Regulation 117-QD/TW, being wrongful disciplined is when a party organization or party member does not violate the policies, regulations of the Communist Party, or the laws of the State, but the authorized party organization concludes there is a violation and enforces discipline.

2. 5 Cases where wrongfully disciplined party members are not eligible for apologies or restoration of benefits in Vietnam

Party members in Vietnam who are wrongfully disciplined are not apologized and have their rights restored in the following cases:

(1) After being wrongfully disciplined, they no longer retain the status, qualities, or standards of a party member or commit violations leading to discipline.

(2) Accepting responsibility on behalf of someone else leading to wrongful discipline.

(3) Refusing the apology and restoration of rights.

(4) Voluntarily leaving party activities.

(5) Not performing or improperly performing the rights and responsibilities of party members as stipulated in Article 8 of Regulation 117-QD/TW.

Article 8. Rights and responsibilities of party organizations and party members who are wrongfully disciplined

1. Request (in writing) the authorized agencies, organizations, or individuals to review, conclude, and guide the procedure for apology and restoration of their legitimate rights and interests if wrongfully disciplined.

2. Promptly, fully, and truthfully provide information, documents, and evidence related to wrongful discipline at the request of the competent party organization to resolve and determine wrongful discipline.

3. Cooperate in carrying out the procedures related to resolving wrongful discipline.

(Article 5 of Regulation 117-QD/TW)

3. What rights will be restored to party members who are wrongfully disciplined in Vietnam?

Specifically, Clause 2, Article 12 of Regulation 117-QD/TW stipulates the restoration of rights related to party members who are wrongfully disciplined as follows:

- Party members who are disciplined with a reprimand or warning will have the affected rights restored according to regulations (evaluation, assessment, planning, appointment, salary increase, commendation...).

Party members who are demoted or dismissed from their position, resigned, or relieved of their duty (if applicable)... will be reinstated to their position or to an equivalent position based on the standards, conditions, and practical situation of the agency, locality, or unit by the competent party organization.

- Party members who are expelled or have left the Communist Party will have their party membership restored, and their rights as party members reinstated. Party membership age is calculated continuously during the period of wrongful discipline (in case of expulsion).

The relevant agency or unit will assign a suitable working position based on the actual situation; if not qualified for assignment, they will be allowed to retire and enjoy policies according to regulations.

- The competent party organization or agency will resolve and restore legitimate rights for party members concerning educational or training opportunities, planning supplements, candidate nominations, appointments, salaries according to rank, position, title, and allowances (if any); awarding or posthumous awards as per regulations.

4. Responsibilities of the party organization that decided on the wrongful discipline in Vietnam

The party organization that decided on the wrongful discipline of party members has the following responsibilities:

- Promptly and truthfully provide information, documents, and evidence related to the wrongful discipline at the request of the authorized party organization.

- Develop a plan and organize the apology and restoration of rights for the wrongfully disciplined party organization and party members; cooperate with relevant party organizations, agencies, and units to restore the rights of the wrongfully disciplined party organization and party members.

- Decide within authority or propose the competent authority to repeal or revoke the wrongful discipline decision, restoring the rights of the wrongfully disciplined party organization and party members.

- Decide within authority or propose the competent authority to review and determine the responsibility of the organizations and individuals involved in advising on or deciding the wrongful discipline.

- When receiving the conclusion or decision from the party organization resolving and determining the wrongful discipline, organize a conference to apologize and restore the rights of the wrongfully disciplined party organization and party members.

(Article 6 of Regulation 117-QD/TW)

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