Scope and subjects for resolving complaints on discipline of Vietnam Communist Party

Scope and subjects for resolving complaints on discipline of Vietnam Communist Party
Le Truong Quoc Dat

The following are regulations regarding the scope and subjects for resolving party disciplinary complaints according to the latest provisions.

Scope    and    Subjects    of    Resolving    Party    Disciplinary    Complaints

Scope and subjects for resolving complaints on discipline of Vietnam Communist Party​ (Image from Internet)

1. Principles of complaints and resolution of complaints on discipline of Vietnam Communist Party​

The principles of complaints and resolution of complaints on discipline of Vietnam Communist Party​ according to Article 23 of Regulation 22-QD/TW in 2021 are as follows:

- Any acts of obstruction, failure to consider, or resolve complaints are strictly prohibited. Complaints must not be made to higher levels before resolution at lower levels is completed. Do not send complaints to multiple levels, organizations, or individuals without the authority to resolve them. No acts of making complaints on behalf of others.

- While awaiting resolution, party organizations and disciplined party members must strictly adhere to disciplinary decisions. When higher-level party organizations resolve complaints, lower-level party organizations must seriously reconsider their decisions and strictly comply with the higher-level party organization's complaint resolution decision.

- The party organization directly managing the complaining party member must cooperate with the inspection committee, standing committee of the party committee, or party committee to resolve complaints; educate and create conditions for the complainant to fully meet the requirements of the inspection committee, standing committee of the party committee, or higher-level party committee; strictly comply with the requirements, conclusions, or complaint resolution decisions of the inspection committee, standing committee of the party committee, or the higher-level party committee.

2. Scope and subjects for resolving complaints on discipline of Vietnam Communist Party

The scope and subjects for resolving complaints on discipline of Vietnam Communist Party according to Article 24 of Regulation 22-QD/TW in 2021 are as follows:

- Resolution of complaints about the content of violations, disciplinary forms in the disciplinary decision, and principles, procedures, processes, authority to execute discipline to which the disciplined party member has complained. During resolution, if signs of violations by the complaining party member or a complaint are discovered, the competent authority resolving the complaint should review and decide.

- If a disciplined party member who submitted a complaint dies before the complaint is resolved or is being resolved, the party organization will still consider and resolve it; should family members (parents; spouse; children; siblings) request to know the result, a written notification of the complaint resolution outcome will be sent to the local party organization and the deceased's family.

- The following complaints will not be resolved: Complaints exceeding the time limit as prescribed; complaints already being resolved by a higher competent authority; complaints already reviewed, concluded, and decided by the highest competent authority; complaints for which a sentence of non-custodial reform or higher has been decided by a court and not yet annulled by the competent court; proxy complaints, complaints submitted without receiving a written disciplinary decision from the competent party organization; refusal to receive the disciplinary decision or party disciplinary complaint resolution decision.

3. Authority and responsibility for resolving complaints on discipline of Vietnam Communist Party

The authority and responsibility for resolving complaints on discipline of Vietnam Communist Party according to Article 22 of Regulation 22-QD/TW in 2021 are as follows:

- The resolution of complaints on discipline of Vietnam Communist Party​ is carried out by the inspection committee, standing committee of the party committee, or party committee from the grassroots level upwards.

- The standing committee of the party committee or party committee is the primary body resolving the first complaint regarding disciplinary decisions by the same level inspection committee.

- The Central Inspection Committee is the final authority for resolving complaints regarding disciplinary forms of reprimand, warning, or dismissal; the Secretariat is the final authority for resolving complaints regarding expulsion imposed by the party, the subordinates of the Central Party level and below make decisions.

- For disciplinary forms decided by the Central Executive Board, Politburo, Secretariat, Central Inspection Committee, the Central Executive Board is the final complaint resolution authority.

The Central Executive Board is the ultimate disciplinary decision authority, after reviewing, concluding must vote by secret ballot to decide on the specific disciplinary form. The calculation of voting to decide the disciplinary form is executed as prescribed in clause 3.1, Article 15 of Regulation 22-QD/TW in 2021.

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