Cases of suspension from party activities in Vietnam

Cases of suspension from party activities in Vietnam (Internet image) 

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

1. Cases of suspension from party activities in Vietnam

Specifically, Article 28 of Regulation 22-QD/TW dated July 28, 2021 stipulates cases of suspension of party activities as follows:

- Suspension of party activities of party members, suspension of party committee activities of committee members, suspension of activities of party organizations
to prevent acts that hinder the review and conclusion of competent party organizations or acts that make violations more serious.

- Party members and committee members show signs of seriously violating party discipline and intentionally obstruct the activities of the party committee and the Party's inspection work or are being prosecuted or detained by a competent legal agency, party activities must be suspended; Committee members suspended from party activities are automatically suspended from party committee activities; If a party committee member is prosecuted, he or she must suspend party committee activities but can still participate in party activities.

- Party organizations that show signs of serious violations of party discipline and have specific acts intentionally obstructing the activities of the party organization, the Party's leadership, and inspection work will be suspended.

2. Authority to suspend party activities in Vietnam

Pursuant to Article 29 of Regulation 22-QD/TW dated July 28, 2021, regulations on the authority to suspend party activities are as follows:

- For party organizations

+ The party organization that decides to suspend the activities of a party organization is the party organization that has the authority to dissolve that organization.

+ When there are enough grounds to suspend but the lower-level party organization does not request suspension or does not suspend, the superior party organization has the authority to issue a decision to suspend the party activities of party members, the committee activities of committee members, or the activities of the party organization. That decision is notified to party members, suspended committee members, suspended party organizations, and relevant party organizations for compliance.

- For party members

+ The party organization that decides to suspend a party member's party activities is the party organization that has the authority to expel that party member.

+ Inspection committees from district, district, and equivalent levels or higher have the right to decide to suspend party activities of members of the immediate lower level and party members who are officials of the same management level (at the Central level, it is the Politburo and the Secretariat of Management) but are not members of the same level when detained or prosecuted; and to decide to suspend activities of immediate subordinate committee members when prosecuted.

- For member level

+ The party organization that decides to suspend a member's committee activities is the party organization that has the authority to dismiss that member.

+ Suspension of party activities or suspension of committee activities of members at the same level is requested by the cell or party committee of the same level and decided directly by the superior party committee. If a party member participates in multiple committees, the party committee detects signs of violating the request, and the party committee has the authority to dismiss the committee member and expel that party member.

3. Procedures for suspending party activities in Vietnam

Procedures for suspending party activities are prescribed in Article 30 of Regulation 22-QD/TW dated July 28, 2021, as follows:

- In special cases, for cases that are in the process of investigation, examination, inspection, or audit and it is found that party members have signs related to personal responsibility or there are signs of serious violations, if left in office, it will hinder the consideration. In conclusion, in addition to suspending party activities or suspending committee activities, the party organization has the authority to decide to suspend the position in the Party that that party member is holding;

At the same time, to assign responsibility to the party staff, party union, or party committee managing that party member to direct the state organization, the Fatherland Front and socio-political organizations decided to suspend positions in government and organizations according to their authority.

- After completing the investigation, examination, inspection, and audit, if that party member violates the law, it will be handled according to the provisions of the law; At the same time, we must consider and enforce party discipline. If that party member does not commit a violation or the violation does not amount to dismissal, the suspended position will be reinstated or assigned to another job.

- In cases where a state organization, the Fatherland Front, or a socio-political organization suspends a party member from government or union positions, the head, party committee, or party organization in that party member's agency must promptly notify (no later than 5 days) the inspection committee at the same level to request a competent party organization to consider and decide on the suspension of party activities, committee activities, or the suspension of the party position that that party member is holding.

- While party members are suspended from party activities and positions; Committee members suspended from committee activities and party organizations suspended must strictly comply with the requirements of the competent party organization (report the incident, self-criticize about violations, perform assigned tasks,...);

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