Principles of apologizing and restoring the rights of unjustly disciplined party members in Vietnam

Principles of apologizing and restoring the rights of unjustly disciplined party members in Vietnam (Internet image)

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

1. Principles of apologizing and restoring the rights of unjustly disciplined party members in Vietnam

Apologizing and restoring the interests of party organizations and party members unjustly disciplined must be timely, public and objective. The party organization has decided to unjustly discipline and is responsible for organizing the apology and restoration of rights.

- Only apologize and restore the interests of unjustly disciplined party organizations or members once there is a conclusion or decision of a competent authority to determine unjust discipline.

- Party organizations that have decided to unjustly discipline must proactively and promptly report to the Standing Committee of the Party Committee and the Inspection Committee of the immediate superior; coordinate with relevant party organizations, agencies, and units in apologizing and restoring the interests of party organizations and party members; decide to annul or revoke unjust disciplinary decisions; and consider the responsibilities of the party organization and its members to advise and decide on unjust discipline.

- In case the party organization that unjustly decides to discipline has been disbanded, dissolved, terminated its operation, transferred, split, or merged, the receiving party organization or the immediate superior party organization is responsible for apologizing and restoring the interests of the party organization or party member unjustly disciplined.

- If a Party member unjustly disciplined has died, the court declares him missing, or has lost his civil act capacity, the party organization shall decide to unjustly discipline the organization and apologize to the party member's relatives. When the court annuls the decision on declaring the loss of civil act capacity or declaring the missing, the unjustly disciplined party organization shall consider and restore the benefits of the party members according to regulations.

- The compensation for material and legitimate benefits to the party organizations and party members unjustly disciplined shall comply with the law on the compensation responsibility of the State.

(Article 3 of Regulation 117-QD/TW in 2023)

2. Responsibility of the party organization that has unjustly decided to discipline in Vietnam

- To provide timely, complete, and truthful information, documents, and evidence related to unfair discipline at the request of the party organization to settle and determine unjust discipline.

- To formulate plans, organize apologies, and restore benefits to party organizations and members who have been unfairly disciplined; coordinate with relevant party organizations, agencies, and units to restore the interests of party organizations and party members who have been unfairly disciplined.

- To decide according to its competence or request the competent authorities to decide to annul or revoke the decision on unjust discipline to restore the interests of the party organization or party member unjustly disciplined.

- To decide according to its competence or propose competent authorities to review and consider the responsibility of organizations and individuals to advise and decide on unjust discipline.

- When receiving the conclusion or decision of the party organization to settle and determine the unjust discipline, they must hold a conference to apologize and restore the interests of the wrongly disciplined party organization or member.

(Article 6 of Regulation 117-QD/TW in 2023)

3. Responsibilities of party organizations to resolve and determine wrongful discipline in Vietnam

- To consider and settle according to its competence, issue conclusions or decisions to determine unjust discipline, and send them to relevant organizations and individuals.

- To decide or direct the party organization that has decided to unjustly discipline to annul the unjust disciplinary decision and organize the apology and restoration of the interests of the party organization or party member unjustly disciplined.

- To decide or propose to the competent party organization to restore the lawful rights and interests of the party organization or party member unjustly disciplined.

- To direct the review, consider the responsibility of organizations and individuals to advise and decide on unjust discipline.

- To inspect and supervise the implementation of conclusions and settlement decisions and determine unjust discipline; the apology and restoration of the interests of party organizations and party members unjustly disciplined.

(Article 7 of Regulation 117-QD/TW in 2023)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE