Latest principles in Party inspection, supervision, and discipline in Vietnam

Latest principles in Party inspection, supervision, and discipline in Vietnam
Lê Trương Quốc Đạt

The principles in Party inspection, supervision, and discipline in Vietnam are the contents specified in a href="https://lawnet.vn/vb/Quy-dinh-22-QD-TW-2021-cong-tac-kiem-tra-giam-sat-va-ky-luat-cua-Dang-763D7.html" class="green-text" target="_blank" >Regulation 22-QD/TW

Latest principles in Party inspection, supervision, and discipline in Vietnam

Latest principles in Party inspection, supervision, and discipline in Vietnam (Internet image)

1. Principles in Party inspection, supervision, and discipline in Vietnam

The principles in Party inspection, supervision, and discipline according to Article 2 of Regulation 22-QD/TW in 2021 are as follows:

- Inspection and supervision are leadership functions of the Party. Party organizations must carry out inspection and supervision work. Party organizations and members must regularly conduct self-inspection.

- Higher-level Party organizations inspect and supervise lower-level Party organizations and members. Party organizations and members carry out inspection and supervision tasks as assigned by the competent Party organization.

- Inspection and supervision work must timely detect new positive factors to promote and protect the righteous, protect good individuals, encourage officials who dare to think, dare to do, dare to take responsibility, and dare to make breakthroughs for the common interest; and proactively detect and prevent, overcome deficiencies and violations of Party organizations and members from their early stages, without allowing minor violations to accumulate into major offenses, prolong, and spread. When violations are discovered, they must be resolutely and strictly disciplined in a timely manner for admonishment and education.

- Adhere strictly to the principles, procedures, authorities, methods, and regulations of the Party's work; be proactive, timely, transparent, democratic, objective, fair, cautious, rigorous, accurate, and strict.

- All Party organizations and members are equal before the Party's discipline and must undergo inspection, supervision, and discipline by the Party, without exception.

- The principles, procedures, authorities, and execution of Party discipline are stipulated in the Party's Charter, regulations, and instructions of the Central Executive Committee, Politburo, General Secretary, and Central Inspection Commission. All Party organizations and members must comply to ensure the unified, strict, fair, accurate, and timely execution of Party discipline for Party organizations and members.

2. Principles in Party discipline enforcement in Vietnam

The principles in Party discipline enforcement in Vietnam according to Article 9 of Regulation 22-QD/TW in 2021 are as follows:

- Party organizations and members who violate discipline must be handled with transparency, accuracy, and timeliness. All Party members are equal before Party discipline, and if the violation is severe enough to warrant discipline, it must be strictly enforced.

- Party members who commit legal violations that require criminal responsibility must be transferred to the competent authorities for resolution and cannot be handled internally. If there is any misappropriation of Party or State finances or assets, responsibility and compensation must be considered.

- Party members who have transferred their Party activities to new Party organizations, if found to have violated discipline in their previous Party activities that have not been considered or addressed, must be reviewed and handled by the higher-level Party organization of the Party units that managed the Party members before and now, or directed by the lower-level Party organization to review and handle according to their jurisdiction.

- Discipline enforcement must be based on the content, severity, nature, harm, impact, reasons for the violation, specific circumstances, and aggravating or mitigating factors to consider and decide accordingly, and the responsible party must be accountable for that decision. If the disciplinary statute of limitations has expired, it cannot be considered or enforced.

- Party discipline does not replace administrative discipline, disciplinary measures within organizations, or legal proceedings, and vice versa (except for other regulations). After considering, addressing, or directing the consideration and handling of Party discipline, the Party organization must promptly guide or propose to the responsible organizations to consider and handle administrative or disciplinary measures or initiate criminal proceedings for comprehensive and timely enforcement.

- When state organizations, the Fatherland Front, or political and social organizations suspend work or discipline officials, members, or members who are Party members, they must proactively notify the Party organization managing those Party members to consider and enforce Party discipline. After resolving disciplinary complaints within the Party, if there are changes in the form of discipline, the competent Party organization must direct the reconsideration of administrative or organizational discipline.

- For Party members who are members of Party committees at all levels or officials under the jurisdiction of Party committees at all levels who have retired, if violations are discovered while they were still in service, the disciplinary authority of Party organizations is exercised as if they were still in office; if violations are discovered after retirement, the Party organization managing those Party members must handle the discipline according to their jurisdiction.

- Party members who violate discipline during pregnancy or while nursing a child under 12 months old or who are seriously ill should not be considered or disciplined. In the case of deceased Party members, the Party organization reviews the discipline but does not enforce it, except in cases of particularly serious violations.

- When a Party organization decides on unjust or wrongful discipline against a Party member, that decision must be changed or revoked, and at the same time, self-criticism, criticism, and lessons must be conducted. If the violation is severe enough to warrant discipline, the higher-level Party committee or inspection commission considers and decides.

- Party members who commit serious violations that warrant expulsion must be disciplined with expulsion, and the option to remove their name is not applicable, and their request to leave the Party is not accepted.

- Party probationary members who violate discipline to the extent that discipline is warranted will be disciplined with reprimand or warning, and when the probationary period expires, the Party branch will proceed with the recognition of them as full Party members. If the violation is severe enough to deprive them of Party membership status, their name will be removed from the Party membership list.

- When disciplining a Party organization, the responsibility and discipline enforcement of members who violate discipline, especially the responsibility of the organization's leader, must be considered.

- Party members who are disciplined unjustly or wrongly must be apologized to and their rights restored. The apology and restoration of rights are carried out in accordance with the regulations of the Politburo.

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