Regulations on handling corrupt and misconduct acts according to Regulation 131-QD/TW in Vietnam

Regulations on handling corrupt and misconduct acts according to Regulation 131-QD/TW in Vietnam (Internet image)

Regarding this issue, LawNet answers as follows:

1. Regulations on handling corrupt and misconduct acts according to Regulation 131-QD/TW in Vietnam

According to Article 8 of Regulation 131-QD/TW 2023, regulations on handling acts of taking advantage of, abusing positions, powers, abuse of power, corruption, and misconduct in Vietnam are as follows:

- Promptly consider and enforce strict discipline according to the Party's regulations against party committees, party organizations, and party members who commit corrupt, misconduct, cover-up, or abetting corruption or misconduct acts in inspection, supervision, enforcement of party discipline, and inspection and auditing activities. In case the violation is not serious enough to require disciplinary action, you must self-criticize, take measures to correct the violation and shortcomings, and commit not to repeat the violation.

- Party members, officials, civil servants, and public employees (including those who have transferred jobs or retired) who violate the contents stated in Article 4 of Regulation 131-QD/TW of 2023 will be handled according to current regulations. . In addition, working individuals are also subject to the following handling measures:

+ Suspension of work, position, not assigned to do advisory and professional work on inspection, supervision, enforcement of party discipline, inspection and audit.

+ Do not plan, mobilize, rotate, appoint, reappoint, confer, promote positions, introduce elections, or run for equivalent or higher positions, recognize positions, confer titles, and reward according to Party regulations and State laws.

+ Cancel and revoke incorrect conclusions and decisions issued on inspection, supervision, enforcement of party discipline and inspection and audit activities
(If violating authority, subject, content, recommendations, proposals, decisions on forms of disciplinary action against the party, government, or union).

- For violations that require criminal prosecution, the file must be promptly transferred to the authorities for review and handling according to the provisions of law; retention for administrative or internal processing is strictly prohibited.

- Competent agencies, organizations, and individuals must promptly resolve the issue in accordance with Party regulations and State laws on information reflecting and denouncing corrupt, misconduct, covering up, abetting corruption, and misconduct acts in inspection, supervision, enforcement of party discipline, and inspection and auditing activities.

2. Regulations on handling responsibilities when corruption and misconduct occur in Vietnam

(1) For organizations

- Strict disciplinary action according to Party regulations and State laws for party committees and organizations violating Regulation 131-QD/TW of 2023.

- Disciplined party committees and organizations must consider the responsibilities of the heads, members of party committees, party organizations, and members of the relevant leadership collective and promptly replace and arrange other jobs in cases where the leadership of an agency or unit is no longer reputable.

(2) For leaders of party committees, party organizations, agencies, and units

- Bear main responsibility and be reviewed and disciplined according to Party regulations when violating Article 4 of Regulation 131-QD/TW of 2023, allowing corruption and misconduct to occur in their agencies and units.

- Be considered for exemption or reduction of liability in the following cases:

+ It is impossible to know or have applied necessary measures to prevent and stop corruption and misconduct in inspection, supervision, enforcement of party discipline, and inspection and audit activities.

+ Having applied necessary measures to prevent and overcome the consequences of corrupt and misconduct acts or promptly detect, proactively report, and handle corrupt and misconduct acts.

+ Proactively requesting to quit holding a position or resign before being detected and handled by competent authorities, except in cases of criminal prosecution.

(Article 9 of Regulation 131-QD/TW 2023)

Ho Quoc Tuan

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