What is the duration of the suspension of right to participate in activities pertaining to the Communist Party's ideology in Vietnam? What are the procedure regarding this matter?- Trung Khang (Ben Tre)
What is the duration of the suspension of right to participate in activities pertaining to the Communist Party's ideology in Vietnam? (Internet image)
Regarding this issue, LawNet would like to answer as follows:
According to Article 31 of Regulation 22-QD/TW of 2021, the time limit for suspension of right to participate in activities pertaining to the Communist Party's ideology is as follows:
The time limit for right to participate in activities pertaining to the Communist Party's ideology and party-level activities is 90 days. In the event of an extension, the suspension period, including the extension, shall not exceed 180 days. The time limit for the suspension of right to participate in activities of a party organization shall not exceed 90 days.
- Time limit for suspension of right to participate in activities pertaining to the Communist Party's ideology of party members (including members) who are prosecuted or detained and the duration of suspension of right to participate in activities at the party committee level of the member being prosecuted are calculated according to the time limit prescribed by law (including extensions, if any).
- Heads of legal agencies that have the power to decide to prosecute, detain, prosecute, and adjudicate citizens who are party members or members of the Party Committee must immediately notify in writing (within 3 days) of the above decisions (including the extension) to the committee or the inspection committee of the party managing committee of the party member or such member.
Procedures for suspension of right to participate in activities pertaining to the Communist Party's ideology in Vietnam according to Article 30 of Regulation 22-QD/TW in 2021 are as follows:
- In special cases, in the process of investigation, examination, inspection, or audit, it is found that Party members show signs of personal responsibility or serious violations;
If being in office will hinder consideration and conclusion, then in addition to right to participate in activities pertaining to the Communist Party's ideology or right to participate in activities of the Party committee or organization, having the authority to decide to suspend the position in the Party that the party member is currently holding;
At the same time, assign responsibility to the party cadre committee, the party union, or the party management committee level to direct the state organization, the Fatherland Front, and socio-political organizations to decide to suspend government and mass organizations according to their competence.
- After completing the investigation, examination, inspection, and audit, if such party member violates the law, he/she shall be handled according to the provisions of the law; at the same time, the party must consider and enforce party discipline.
If such party member does not violate or violates not to the extent of dismissal, he/she shall reinstate the suspended position or arrange another job.
- If a state organization, the Fatherland Front, or a socio-political organization suspends a party member's position in the administration or mass organization, then:
The head of the party committee or organization in the party member's agency must promptly notify (within 5 days) to the inspection committee at the same level to request the competent party organization to consider and decide on the suspension of right to participate in activities pertaining to the Communist Party's ideology, party-level activities, or positions related to the party that the party member is currently in charge of.
- During the time when a party member is suspended from activities pertaining to the Communist Party's ideology or positions; Party members suspended from activities, Party committees, and organizations suspended from operation must strictly comply with the requirements of competent party organizations (reporting incidents, self-criticizing violations, performing assigned tasks,...);
Expressing their opinions but not using the name of the party organization, the name of a member, or the title of a suspended position to run the work.
- The Inspection Committee of the Party Committee shall inspect and supervise the implementation of the suspension of right to participate in activities pertaining to the Communist Party's ideology, activities of the Party Committee, and the suspension of right to participate in activities of Party organizations under the management of the Party Committee at the same level; assisting the Party Committee in carrying out procedures for the suspension of right to participate in activities pertaining to the Communist Party's ideology, Party committee activities, and suspension of right to participate in activities of Party organizations in accordance with regulations.
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