Procedures for considering and deciding to discipline party members and organizations committing violations in Vietnam

Procedures for considering and deciding to discipline party members and organizations committing violations in Vietnam (Internet image)

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

1. Procedures for considering and deciding to take disciplinary action against party members or organizations that commit violations in Vietnam

The order of considering and deciding to take disciplinary action against party members and organizations in violation of Article 13 of Regulation 22-QD/TW dated July 28, 2021 is as follows:

- Before deciding to discipline, the representative of the party organization competent to decide on the discipline listens to the violating party member or the representative of the violating party organization and presents his opinion; this opinion is fully reported (accompanied by a self-criticism) when the competent party organization meets to consider and decide on discipline.

Or representatives of the violating party organizations or violators may present their opinions directly to the competent party organizations at the conference to consider and decide on disciplinary action.

If the violating party member or representative of the party organization fails to directly present his/her opinions to the competent party organization representative upon request, report to that party organization in writing and must strictly comply after a disciplinary decision.

- Procedure for considering and deciding to discipline party members:

+ Party members who violate discipline must review in front of the cell and self-recognize the form of discipline; If the party refuses to review or is detained, the party organization will still conduct a disciplinary review. In cases of necessity, the committees and inspection committees at the competent level directly consider the discipline.

+ The Party Committee shall guide the party members who violate the discipline to prepare their self-criticism. The branch meeting discussed, commented on, and clearly concluded the content, nature, extent, harm, cause of the violation, aggravating or mitigating circumstances, and voted (proposal or decision) on discipline.

The representative of the Party Committee to attend the meeting of the Party cell to consider the discipline of Party members is the member or cadre under the management of the Party Committee.

+ If a Party member violates one of the following cases, the Party committee and the competent inspection committee will directly consider and decide on disciplinary action without requiring that party member to review before the branch:

Violations when performing tasks assigned by superiors; content of violations related to party and state secrets that the cell does not know; violations before moving to live in the branch.

+ Party members who are temporarily living in the party are responsible for considering and disciplining them to the point of warning if they violate discipline. After being disciplined, a written notice must be sent to the party committee where the party member is officially living.

+ Competent superior party organization: when detecting violations of Party committees at all levels, Party members under the management of superiors must first of all direct subordinate party organizations to consider and handle disciplinary actions according to their competence.

If the party organization of the lower level does not consider, handle, or handle it improperly, the competent party organization at the higher level shall consider and take disciplinary action, and at the same time consider the responsibilities of the subordinate party organization and the head of that party organization.

- Order of considering and deciding to discipline the party organization:

+ Violating party organizations must self-criticize, self-recognize disciplinary forms, and report to superior committees for consideration and decision.

+ If a party organization, after transferring, merging, splitting, or ending its operation, discovers any violations, the competent party organization of such a party organization shall consider and handle it.

2. Effect of decision on discipline of violating party members or organizations in Vietnam

The effect of the decision to discipline party members and party organizations in violation of Article 16 of Regulation 22-QD/TW dated July 28, 2021 is as follows:

- Discipline of party organizations and party members that violate them takes effect immediately after the decision is announced (except for disciplinary decisions falling under the authority of the cell).

- The Party cell's decision to reprimand and warn violators takes effect immediately after the Party cell announces the results of voting on the disciplinary decision. Within 10 days, the branch shall issue a disciplinary decision to assign the disciplined party member, report it to his superior, and keep the file.

Disciplinary decisions of the cell (within the party department, in the grassroots party committee) of the grassroots party committee inspection committee are stamped by the grassroots party committee in the upper left corner. The grassroots party committee or the immediate superior level committee is not required to issue approval decisions.

- The competent party organization, after signing a disciplinary decision or a decision on settlement of a disciplinary complaint, must promptly announce it (directly or authorize a subordinate party organization to announce it) no later than 15 days from the date of signing.

The authorized subordinate party organization within 15 days from the date of receiving the authorization must announce the decision to the party organization or party member subject to discipline or complaint about discipline. If the above deadline is exceeded, it must be reported immediately to the competent authority for decision.

- Subordinates' proposals on discipline, including dismissal, expulsion of party members, and dissolution of party organizations, if it has not been decided and announced by a competent party organization, that party member is still entitled to party activities and party-level activities, and such a party organization may still operate.

- Decisions of subordinates on party organization discipline and violations by party members must be reported to the immediate superiors' committees and inspection committees; if the violating party member joins many leadership bodies of the Party, he/she must report it to the superior leadership agencies of which the party member is a member.

- Decisions of superiors on party organization discipline and violating party members must be notified to lower levels where the violating party organizations and members are located. In case of need to notify more widely, it shall be decided by the competent authority.

- Disciplinary decisions and decisions on settlement of disciplinary complaints against violating party organizations or party members must be assigned to the offending party organizations and party members for execution. If a broader announcement is required, it shall be decided by the party committee or party organization with disciplinary authority over party members.

- Scope of notification of decisions on disciplinary enforcement and settlement of disciplinary complaints for party members who are members of the Party Committee at all levels, officials under the management of the superior committees shall be decided by the committees or standing committees of the Party committees managing such party members.

- Party members are disciplined and removed from office, including positions elected by the congress, committees, inspection committees, and those appointed or appointed, within one year from the date of announcement of the decision. They shall not be elected to the party committee and shall not be appointed or appointed to equivalent and higher positions.

- After one year from the date of publication of the disciplinary decision or the decision to settle the disciplinary complaint (except for the disciplinary decision on expulsion for party members or the disciplinary decision on dissolution for party organizations), if the party organization or party members do not complain, do not re-offend, or commit no new violations that warrant disciplinary action, the disciplinary decision shall automatically cease to be effective.

- In case of a decision to change the form of discipline, the time limit for disciplinary compliance shall be counted from the effective date of the first disciplinary decision.

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