Principles for disciplinary actions against party organizations and members committing violations in Vietnam under Regulation 69

Principles for disciplinary actions against party organizations and members committing violations in Vietnam under Regulation 69 (Internet image) 

1. Who is considered party member committing violation?

According to Clause 2, Article 3 of Regulation 69-QD/TW in 2022, a party member in violation is one who does not follow or acts contrary to the policies, regulations of the Communist Party; laws of the State; the Charter, regulations of the Fatherland Front and other political-social organizations of which the member is a member.

2. Principles for disciplinary actions against party organizations and members committing violations in Vietnam 

The principles for disciplinary action against Communist Party organizations and members in violation according to Article 2 of Regulation 69-QD/TW in 2022 are as follows:

- All Communist Party organizations and members are equal before the discipline of the Communist Party. Any Communist Party organization and member violating the policies, regulations of the Communist Party, or laws of the State must be justly, accurately, and promptly disciplined.

- Disciplinary action must follow the principles, procedures, processes, and authorities as stipulated by the Communist Party.

- When considering disciplinary action, it must be based on the content, motive, nature, extent, consequences, causes of the violation, specific circumstances, aggravating or mitigating circumstances, awareness, attitude of self-criticism, acceptance of criticism, and results of correcting and mitigating the consequences of the violation.

- A single violation is subject to one disciplinary action. When considering disciplinary action for multiple violations at the same time, each violation must be reviewed and concluded separately, and a unified disciplinary decision should be made using the highest form of discipline. Violations should not be separated to apply different disciplinary forms multiple times.

- After 12 months from the date of announcement of the disciplinary decision or the decision on resolving the disciplinary complaint (except for the expulsion of a member or the dissolution of an organization), if the organization or member does not appeal, does not re-offend or commit new violations serious enough to warrant discipline, the disciplinary decision automatically becomes ineffective.

- If a Communist Party organization or member has been wrongfully disciplined, the party organization that issued the disciplinary decision must nullify or amend it accordingly. If the party organization does not comply, the superior party organization with authority will decide and consider the responsibility of the organization that issued the wrongful decision. If violations are found warranting discipline, they will be dealt with according to regulations.

- If a disciplined Communist Party organization has been transferred, divided, merged, or ceased operations, the disciplinary decision will be announced at the receiving, splitting, merging organization, or the direct superior party organization.

- Disciplinary action against a Communist Party organization must consider the responsibility of the organization and the individual members involved, especially the responsibility of the leader.

party members in a disciplined organization are responsible for the violations, the disciplinary form of that organization, and must record it in their party member profile. Members not individually disciplined still have their candidacies considered and carried out by the competent party organization according to regulations. Members who do not agree or are not directly involved with the organization's violations must clearly state this in their party member profile.

- party members violating the law must be strictly handled according to legal regulations. Members whose violations of the law lead to criminal prosecution, who are wanted, or sentenced to non-suspended imprisonment and above must be expelled from the Communist Party. If the sentence is lighter than non-suspended imprisonment, disciplinary action will be based on the content, nature, extent of the consequences, causes of the violation, and aggravating or mitigating circumstances. If causing financial or asset losses to the Communist Party, State, organization, or individuals, they must be held responsible and compensate for these losses.

- Communist Party discipline does not replace administrative discipline, organizational discipline, and legal penalties. Members disciplined by the Party are subject to administrative discipline or organizational discipline within 30 days from the date of announcement, following regulations of state agencies or organizations.

When state agencies, the Fatherland Front, political-social organizations, and law enforcement agencies take disciplinary action or prosecute officials and public employees, members, laborers, who are party members, they must promptly notify the managing party organization. Within 30 days from receiving notification, the managing party organization must decide on disciplinary action against the party member.

- In cases involving multiple members, each member must be disciplined for their violations.

- Party members who transfer, retire, or resign and are later found to have committed violations in their former workplace will be disciplined according to the regulations of the Communist Party and State laws.

- No transfers, appointments, promotions, or awards from the Communist Party, State for members under disciplinary review by the party organization.

- Cases where disciplinary action is deferred, exempted, or waived:

+ Female party members who are pregnant, on maternity leave, or raising a child under 12 months, or male members (in cases where the wife has died or due to other objective, force majeure reasons) raising a child under 12 months are not subject to disciplinary review.

+ Members undergoing treatment for serious illness at a hospital will not be subject to disciplinary review until their health stabilizes.

+ Deceased members are not subject to disciplinary action unless there are exceptionally serious violations.

+ Missing members suspected of violations will be reviewed but not disciplined until their whereabouts are confirmed. If found alive, they will be disciplined according to regulations.

- Members making recommendations for innovation under Conclusion 14-KL/TW dated September 22, 2021, of the Politburo, if damage occurs, authority must assess both objective and subjective reasons; if the principle was followed, with a pure motive for common benefit, they may be exempted from or have reduced accountability.

+ Violations committed under incorrect policies, decisions, orders of the organization or superiors, or under coercion but reported in writing to the competent authority beforehand, are exempt from disciplinary action.

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