What do military disciplinary records in Vietnam include?

What do military disciplinary records in Vietnam include?

According to Article 53 of Decree 143/2023/TT-BQP (taking effect on February 15, 2024), military disciplinary records include the following:

- Disciplinary records consist of: statements and self-disciplinary evaluations of the violator; summaries and extracts; minutes of meetings; investigation and verification conclusions from relevant authorities; effective court judgments; opinions from public organizations; proposals from relevant agencies (if any); disciplinary execution decisions from authorized levels.

- Preparation of files and documents for meetings:

For levels without agencies: the commanding officer prepares the files and documents.

For levels with agencies: If the violator is a party member or falls under the jurisdiction of a management agency, the party inspection committee at the same level coordinates with the personnel management agency and relevant agencies to prepare the files and documents. If the violator is not a party member, the personnel management agency of the violator prepares the files and documents.

- In cases where disciplinary violations fall under the jurisdiction of the Minister of National Defense: for those under the management of the Armed Forces who are not party members, the files are sent to the Military Command, the General Staff. For party members or those under the management of management officials, the files are sent to the Central Military Party Inspection Committee, the Bureau of Personnel, and the General Political Department for further steps.

Disciplinary records are managed at the unit where the violator is located; advisory, political, and inspection agencies; and other functional agencies (if necessary). The advisory agency is a comprehensive agency that manages disciplinary data.

What do military disciplinary records in Vietnam include? (Internet image)

Principles of disciplinary handling in the military in Vietnam

Based on Article 4 of Decree 143/2023/TT-BQP, the principles of disciplinary handling in the military are as follows:

- Any disciplinary violations must be promptly prevented and strictly handled when detected; the consequences caused by disciplinary violations must be rectified according to the provisions of the law.

- Each disciplinary violation is only subject to one disciplinary form; when considering disciplinary handling at the same time, if the violator commits more than 2 disciplinary violations, each violation must be considered, concluded, and decided with the highest corresponding disciplinary form. In cases of multiple disciplinary forms, the competent level shall decide.

- Disciplinary handling must ensure objectivity, fairness, strictness, accuracy, and timeliness; comply with the legal jurisdiction, procedures, and regulations; be consistent between military discipline and party discipline; military discipline cannot be lower than party discipline; military discipline cannot replace party discipline, discipline of organizations, and vice versa.

- Disciplinary handling must be based on the content, motive, nature, severity, consequences, causes of the violation, specific circumstances, mitigating circumstances, aggravating circumstances, attitude towards rectification, remediation of defects, and consequences caused by the violation.

- Any infringement on the physical integrity, dignity, personality, and reputation of the violator during the disciplinary handling process is prohibited; no other disciplinary forms shall replace the disciplinary forms stipulated in Decree 143/2023/TT-BQP.

- Collective disciplinary handling shall not be applied to organizations or units that violate the party's line and policy, legal regulations, or have multiple disciplinary violators; only consider disciplinary handling within the responsibility of the commanding officer, political commissar, political officer (hereinafter referred to as the commanding officer), and individual violators.

- Downgrading of military ranks shall not be applied to officers, professional soldiers holding the rank of second lieutenant, or soldiers holding the rank of private; Removal from position or dismissal shall not be applied to non-commanding, non-management personnel violators; reduction of salary rank shall not be applied to officers who have not been promoted; personnel working in critical organizations; civil servants, workers, and defense officials receiving Rank 1 salary.

- When handling disciplinary cases, in addition to the disciplinary form for each violation, if the violation causes material damages, the violator must also compensate. Assets, money, and materials gaining from commiting the violation must be handled according to the provisions of the law.

- Commanders at all levels are responsible for the disciplinary and legal violations of military personnel under their command; depending on the nature, severity, and consequences of the violation, as well as the level of direct responsibility and the level at which the violation occurred, the disciplinary form shall be determined according to the regulations stated in Decree 143/2023/TT-BQP.

- Personnel who are found to have committed violations that have not been handled according to regulations shall not be transferred to other positions. If the person who committed the disciplinary violation shows signs of criminal behavior, the unit or organization shall not reduce the number of personnel under their management but instead transfer the violation records to the investigating agency within the military for handling according to the provisions of the law. In cases where the offender is prosecuted and sentenced to probation or imprisonment but is allowed to serve the sentence outside of detention, only after the court's decision or verdict has legal effect and the corresponding disciplinary form has been dealt with according to the regulations stated in Decree 143/2023/TT-BQP, shall the unit or organization address the policy and measures.

Mai Thanh Loi

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