Procedures for giving apology and restoration of rights for party members wrongly disciplined in Vietnam

Procedures for giving apology and restoration of rights for wrongly disciplined party members in Vietnam (Image from the internet)

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

1. Procedures for giving apology and restoration of rights for wrongly disciplined party members in Vietnam

To be specific: at Article 10 Regulation 117-QD/TW dated August 18, 2023, it is regulated the Procedures for giving apology and restoration of rights for wrongly disciplined party members in Vietnam as follows:

- Immediately after issuing the conclusion, the decision determining the wrongful discipline, the party organization must send written documents to relevant organizations and individuals as prescribed.

- Within 30 days from the date of receiving the conclusion, the decision from the authorized level, the wrongfully disciplined organization or party member must send a written request for an apology and restoration of rights to the party organization that decided on the wrongful discipline.

- Within 60 days from the date of receiving the conclusion, the decision on the wrongful discipline, the party organization that decided on the wrongful discipline is responsible for:

+ Notifying in writing to the wrongfully disciplined party organization, party member (or next of kin) about organizing the apology and restoring rights.

+ Revoking, abolishing the wrongful discipline decision; simultaneously sending it to the agency or organization where the party member is working or operating to revoke and abolish the administrative disciplinary decision for the party member (if any).

+ Restoring rights or requesting the competent authority to restore the rights of the wrongfully disciplined organization or party member.

- Within 30 days from the date of receiving the request from the party organization that decided on the wrongful discipline, the competent authority shall restore the rights of the organization or party member as prescribed.

2. Time limit giving apology and restoration of rights for wrongly disciplined party members in Vietnam

Based on Article 9 Regulation 117-QD/TW dated August 18, 2023, it specifies the time limit giving apology and restoration of rights for wrongly disciplined party members in Vietnam as follows:

- Within 90 days from the date the authorized level issues a conclusion or decision identifying the wrongful discipline of the party organization or party member, the wrongfully disciplined party organization and related organizations and individuals must proceed with the apology and restoration of rights.

- In force majeure cases (natural disasters, epidemics, etc.), the time the force majeure event occurs is not counted towards the time frame for conducting the apology and restoring rights.

3. Principles of giving apology and restoration of rights for wrongly disciplined party members in Vietnam

According to Article 3 Regulation 117-QD/TW dated August 18, 2023, the principles of giving apology and restoration of rights for wrongly disciplined party members in Vietnam include:

- Conducting apologies and restoring rights for the wrongfully disciplined party organization or party member must be promptly, publicly, and objectively. The party organization that decided on the wrongful discipline is responsible for organizing the apology and restoring rights.

- The apology and restoration of rights for the wrongfully disciplined party organization or party member are carried out only once when there is a conclusion or decision from an authorized level determining the wrongful discipline.

- The party organization that decided on the wrongful discipline must proactively, promptly report to the standing committee, inspection committee of the superior directly; cooperate with related party organizations, agencies, units to conduct the apology and restore the rights of the wrongfully disciplined party organization or party member; decide to abolish, revoke the wrongful discipline decision; consider the responsibility of the party organization or individual advising and deciding on the wrongful discipline.

- In cases where the party organization that decided on the wrongful discipline has dissolved, disbanded, ceased operations, transferred, divided, or merged, the succeeding party organization or the immediate superior party organization is responsible for the apology and restoration of rights to the wrongfully disciplined party organization or party member.

- Communist wrongly disciplined party members who have passed away, been declared missing, or incapacitated by a court, then the party organization that decided on the wrongful discipline shall organize an apology to the next of kin. When the court annuls the decision declaring the person incapacitated or missing, the party organization that administered the wrongful discipline shall consider restoring the rights for the party member according to regulations.

- The compensation for material damage and lawful interests to the wrongfully disciplined party organization or party member shall be carried out in accordance with the law on state compensation liability.

Ho Quoc Tuan

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