What is the statute of limitations for disciplining party members in Vietnam?

What is the statute of limitations for disciplining party members in Vietnam? (Internet image)

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

1. Statute of limitations for disciplining party members and party organizations in Vietnam

According to Article 4 of Regulation 69-QD/TW in 2022, the statute of limitations for discipline is the time limit specified in Regulation 69-QD/TW, upon the expiration of which, violating party organizations and members will not be disciplined. .

The statute of limitations for discipline is counted from the time the violation occurs until the competent party organization concludes that the violation is serious enough to require disciplinary action. If the party organization or party member commits a new violation within the time limit specified below, the disciplinary statute of limitations for the old violation shall be recalculated from the time of occurrence of the new violation.

(1) The statute of limitations for disciplining violating party organizations is as follows:

- 5 years (60 months) for violations to the extent that a reprimand is imposed.

- 10 years (120 months) for violations to the extent that a warning must be applied.

- Failure to apply the disciplinary statute of limitations for violations to the extent that disciplinary action must be taken; violations of internal politics; and national defense, security, and foreign affairs infringing upon the national interest.

(2) The statute of limitations for disciplining party members in violation is as follows:

- 5 years (60 months) for violations to the extent that a reprimand is imposed.

- 10 years (120 months) for violations to the point of warning or dismissal.

- Failure to apply the disciplinary statute of limitations for violations to the extent that expulsion is required; internal political violations; national defense, security or foreign affairs violations that infringe upon the interests of the nation or nation; illegal use of diplomas, certificates or certifications.

2. Forms of discipline in Vietnam

Pursuant to Article 7 of Regulation 69-QD/TW, forms of party discipline include:

- For party organizations: reprimand, warn, disband.

- For official party members: reprimand, warning, dismissal (if there is a position), expulsion.

- For reserve party members: reprimand, warning.

3. Principles of discipline in Vietnam

Article 2 of Regulation 69-QD/TW stipulates the principles of party discipline as follows:

- All party organizations and party members are equal before the Party's discipline. Party organizations and party members that violate the guidelines and regulations of the Party and the laws of the State must consider and enforce discipline in a fair, accurate, and timely manner.

- Disciplinary enforcement must comply with principles, processes, procedures, and authority according to the Party's regulations.

- When considering discipline, it must be based on the following: content, motives, nature, extent, consequences, causes of violations, specific circumstances, aggravating or mitigating circumstances, and consciousness, attitude of self-criticism, acceptance of criticism, and results of correction, including the overcoming of defects, violations, and consequences caused.

- A violation can only be punished once with a form of discipline. When considering disciplinary action at the same time, if there are two or more violations, each violation shall be considered, concluded, and decided collectively by the highest disciplinary form; do not separate each violation to enforce different forms of discipline and discipline multiple times.

- After 12 months from the date of publication of the disciplinary decision or the decision to settle the disciplinary complaint (except for the disciplinary decision on expulsion of a party member or a disciplinary decision on dissolution of a party organization), if the party organization or party members do not complain, do not re-offend, or commit no new violations to the point of disciplinary action, the disciplinary decision shall automatically cease to be effective.

- If a party organization or party member is unfairly disciplined, the party organization that issues the disciplinary decision must cancel or change the disciplinary decision accordingly; if the party organization fails to do so, the superior party organization shall have the authority to decide; at the same time, consider the responsibility of the party organization that has issued the decision to discipline unjustly or wrongly. If there is a violation that warrants discipline, it will be handled according to regulations.

- If the disciplined party organization has transferred, split, merged or terminated its operation, the announcement of the disciplinary decision shall be made in the party organization that has received the transfer, split, merger or the immediate superior party organization of that party organization.

- Discipline of party organizations must clearly consider the responsibility of the organization, and at the same time consider the responsibility of each individual involved in order to discipline party members who violate, especially the responsibility of the head.

Party members in a disciplined party organization must take responsibility for the content of the violation and the form of discipline of that party organization and record it in the party member's resume; Party members who are not personally disciplined will still be considered competent by the competent party organization and perform cadre work according to regulations. Party members who do not agree with or are not directly related to violations of the party organization must also clearly state it in their resume.

- Party members who violate the law must be strictly handled according to the provisions of law; Party members who violate the law to the extent that they have to be examined for penal liability, are wanted, or are sentenced by a court to a penalty of non-custodial reform or higher, shall be expelled from the party. If the punishment is lighter than non-custodial reform, depending on the content, nature, degree of consequences, the cause of the violation, and aggravating or mitigating circumstances, the party discipline shall be enforced accordingly. If there is a loss of finance and property for the Party, the State, organizations, and individuals, responsibility and compensation must be considered.

- Party discipline does not replace administrative discipline, corporate discipline, or legal sanctions. If a Party member is disciplined about the party, the party committees managing such party members must promptly direct or request competent state agencies, socio-political organizations, within 30 days from the date of publication of the decision on Party discipline, administrative and mass discipline (if any) must be followed in accordance with regulations of state agencies and mass organizations.

When state agencies, the Fatherland Front, socio-political organizations, and law enforcement agencies enforce discipline, prosecute the accused, or examine them for penal liability against cadres and civil servants, officials, members, union members, and employees who are party members, they must immediately notify in writing the party organization managing that party member. Within 30 days from the date of receipt of the notice, the party organization managing its members must decide to enforce Party discipline.

- In the same case with many party members violating, each party member must be disciplined for his or her violations.

- After a Party member changes jobs, resigns, or retires, if he discovers that he has committed a violation in his old agency or unit to the point of being disciplined, he/she shall consider disciplinary action in accordance with the Party's regulations and the State's laws.

- Failing to mobilize, rotate, appoint, confer, or promote military ranks; conferring, awarding, and recognizing titles of the Party and State to Party members who are being considered and disciplined by the Party organization.

- In case of not disciplined, no or exempt from discipline:

+ If the Party members are women who are pregnant, on maternity leave, and raising children under 12 months old, or male party members (in case his wife dies or due to other objective or force majeure reasons) who are raising a child under 12 months old, the discipline has not been considered.

+ Party members who are seriously ill and are undergoing inpatient treatment at the hospital will not be disciplined. Only when their health is stable (discharged from the hospital) will they be disciplined.

If a violating Party member has died, the party organization shall consider and draw conclusions but not decide on discipline, except in cases of particularly serious violations.

+ Party members who are declared missing for detecting violations still have to consider and draw conclusions but have not yet been disciplined.

+ If a Party member implements the proposal on innovation and creativity according to Conclusion 14-KL/TW, dated September 22, 2021, of the Politburo and is permitted by a competent authority, but damage occurs, competent agencies clearly identify objective and subjective causes and make an objective and comprehensive assessment; if the policy has been properly implemented with a pure motive for the common good, the discipline shall be exempted or the responsibility reduced.

+ Violations caused by complying with wrong guidelines, decisions, and orders of the organization or superiors or due to coercion but proactively and promptly reporting in writing to competent organizations or agencies that know their opinions and proposals before implementing them shall be exempt from discipline.

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