The Politburo issued regulations on apologizing and restoring the rights of Party organizations and Party members who were wrongly disciplined.

PV August 19, 2023 13:08

On August 18, 2023, on behalf of the Politburo, Standing member of the Secretariat Truong Thi Mai signed and issued Regulation No. 117-QD/TW (Regulation No. 117) on apologizing and restoring the rights of Party organizations and Party members who were wrongly disciplined.

thường-trực-ban-bi-thư-trương-thi-mai.jpeg
Politburo member and Standing member of the Secretariat Truong Thi Mai signed and issued Regulation No. 117 of the Party Central Committee on apologizing and restoring the rights of Party organizations and Party members who were wrongly disciplined.

The regulation consists of four chapters; it stipulates principles, responsibilities, procedures, and procedures for apologizing and restoring the rights of Party organizations and Party members who have been wrongly disciplined.

Applicable subjects include: Party organizations that have been unjustly disciplined (including Party organizations that have been dissolved, dissolved, terminated their operations, or changed due to organizational transfer, separation, or merger).

Party members who were unjustly disciplined (including party members who are no longer active in the Party, have passed away, have lost civil capacity, or have been declared missing by the court).

The Party organization that decided to impose unfair discipline (including the Party organization that resolved the disciplinary complaint).

Party organizations resolve and determine wrongful discipline (Party committees, standing committees of Party committees, and Inspection Committees have the authority to resolve decisions of Party organizations that have decided on wrongful discipline).

Party committees, party organizations, party members, organizations and individuals involved.

According to Article 2 of the Regulation, wrongful discipline is when a Party organization or Party member does not violate the Party's policies and regulations or the State's laws, but a competent Party organization concludes that there is a violation and enforces discipline.

Apologizing to the Party organization and Party members who were wrongly disciplined means that the Party organization that decided to discipline the wrongfully disciplined party organization publicly apologizes and corrects the wrongly disciplined party organization and Party members.

Restoring the rights of Party organizations and Party members who have been unjustly disciplined is the work of Party organizations, State agencies, the Fatherland Front, and competent socio-political organizations to restore the legitimate and legal rights of Party organizations and Party members.

Article 3 stipulates the apology and restoration of rights of Party organizations and Party members who have been wrongly disciplined on the principle that: Apologizing and restoring rights of Party organizations and Party members who have been wrongly disciplined must be timely, public, and objective. The Party organization that has decided to discipline wrongfully is responsible for organizing the apology and restoring rights.

Only apologize and restore the rights of Party organizations and Party members who have been wrongly disciplined once when there is a conclusion or decision from a competent authority determining wrongful discipline.

The Party organization that has decided to discipline unjustly must proactively and promptly report to the Standing Committee of the Party Committee and the Inspection Committee at the next higher level; coordinate with the Party organization, relevant agencies and units to apologize and restore the rights of the Party organization and Party members; decide to abolish or revoke the decision to discipline unjustly; and consider the responsibility of the Party organization and Party members who advised and decided to discipline unjustly.

In case the Party organization that decided to discipline unjustly has been dissolved, dissolved, terminated its operations, transferred, split, or merged, the receiving Party organization or the directly superior Party organization shall be responsible for apologizing and restoring the rights of the Party organization and Party member who were unjustly disciplined.

If a Party member who has been wrongly disciplined has passed away, or the court has declared him/her missing or incapable of civil acts, the Party organization that decided to wrongly discipline him/her shall apologize to the family of the Party member. When the court cancels the decision declaring him/her missing or incapable of civil acts, the Party organization that wrongly disciplined shall consider restoring the Party member's rights according to regulations.

Compensation for material and legal benefits for Party organizations and Party members who are unjustly disciplined shall be implemented according to the provisions of law on State compensation liability.

The basis for an apology and restoration of rights is based on:

Conclusion or decision of the competent Party organization determining that the Party organization or Party member was wrongly disciplined.

Conclusions, decisions, and verdicts of law enforcement agencies determine that party members were investigated, prosecuted, and tried wrongly, leading to the Party organization's decision to discipline them wrongly.

Party members who have been unjustly disciplined are not allowed to apologize and have their rights restored in the following cases: After being unjustly disciplined, they have failed to maintain their qualifications, qualities, and standards as party members or have violated the discipline; they take the blame for others, leading to unjust discipline; they refuse to apologize and have their rights restored; they voluntarily leave Party activities; they do not exercise or do not properly exercise the rights and responsibilities of a party member as prescribed in Article 8 of these Regulations.

On the responsibility of the Party organization that decided to discipline wrongfully:

According to Regulation No. 117, the Party organization that has decided to unjustly discipline must promptly, fully, and honestly provide information, documents, and evidence related to the unjust discipline at the request of the Party organization that resolved and determined the unjust discipline;

Develop plans, organize apologies and restore rights to Party organizations and Party members who have been wrongly disciplined; coordinate with relevant Party organizations, agencies and units to restore rights to Party organizations and Party members who have been wrongly disciplined;

Decide according to authority or propose competent authority to decide to abolish or revoke wrongful disciplinary decisions, restore rights of Party organizations and Party members who have been wrongly disciplined;

Decide according to authority or propose competent authority to review and consider the responsibility of the organization and individual advising and deciding on unjust discipline;

Upon receiving the conclusion or decision of the Party organization to resolve and determine the wrongful discipline, a conference must be held to apologize and restore the rights of the Party organization and the Party member who was wrongly disciplined.

The responsibility of the Party organization to resolve and determine wrongful discipline is stipulated as follows:

Review, resolve according to authority and issue conclusions or decisions determining unjust discipline, send to relevant organizations and individuals;

Decide or direct the Party organization that decided to discipline wrongfully to cancel the wrongful disciplinary decision and organize an apology and restore the rights of the Party organization and Party members who were wrongly disciplined;

Decide or propose to the competent Party organization to restore the legitimate rights and interests of Party organizations and Party members who have been unjustly disciplined;

Directing the review and consideration of the responsibility of the organization and individuals who advised and decided on unjust discipline;

Inspect and supervise the implementation of conclusions and decisions on handling and determining wrongful discipline; the apologies and restoration of rights of Party organizations and Party members who have been wrongly disciplined.

Rights and responsibilities of Party organizations and Party members who were wrongly disciplined:

Request (in writing) the competent authority, organization, or person to review, conclude, and decide on unjust discipline, and guide the apology and restoration of one's legitimate rights and interests;

Provide timely, complete and honest information, documents and evidence related to the unjust disciplinary action at the request of the competent Party organization to resolve and determine the unjust discipline;

Coordinate the implementation of procedures related to resolving wrongful discipline.

Organization apologizes and restores rights:

Regulation No. 117 clearly states the organization of apology and restoration of rights. Accordingly, within 90 days from the date the competent authority issues a conclusion or decision determining that the Party organization or Party member has been wrongly disciplined, the Party organization that has wrongly disciplined, the organizations and individuals involved must apologize and restore their rights.

In case of force majeure (natural disaster, epidemic, etc.), the time of the force majeure event will not be counted in the time limit for apologizing and restoring rights.

Regarding procedures, immediately after issuing a conclusion or decision determining the wrongful disciplinary action, the Party organization must send a document to the relevant organizations and individuals according to regulations.

Within 30 days from the date of receiving the conclusion and decision of the competent authority, the organization or Party member who was wrongly disciplined must send a written request for apology and restoration of rights to the Party organization that decided on the wrongful discipline.

Within 60 days from the date of receiving the conclusion and decision on the wrongful disciplinary action, the Party organization that decided to wrongly discipline is responsible for: Notifying in writing the Party organization, the wrongly disciplined party member (or the party member's relatives) about the organization's apology and restoration of rights; Revoking and annulling the wrongful disciplinary decision; and at the same time sending it to the agency or organization where the party member is working or living to revoke and annul the administrative disciplinary decision or group disciplinary decision against the party member (if any); Restoring rights or requesting the competent authority to restore the rights of the organization or party member that was wrongly disciplined; Within 30 days from the date of receiving the request from the Party organization that decided to wrongly discipline, the competent authority shall restore the rights of the organization or party member according to regulations.

Article 11 of Regulation No. 117 clearly states the form of apology, including: Organizing a public conference to apologize to the Party organization and Party members who were wrongly disciplined; publicly announcing the apology.

The organization that decided to unjustly discipline shall publicly announce the apology to the affiliated Party organizations; publicly post it in the local press, the electronic information page (if any) of the Party Committee of the agency or unit where the Party organization or Party member was unjustly disciplined, or where they reside or work.

Regarding the restoration of benefits: If a Party organization is disciplined with a reprimand or warning, the competent Party organization shall direct a review of the annual and term classification assessment; review the classification of emulation titles, and periodic and ad hoc rewards (if any).

If a Party organization is dissolved by disciplinary action, the competent Party organization shall direct its re-establishment, appoint temporary Party committee personnel, and direct the organization of Party committee congresses according to regulations (if qualified).

When a Party organization has ended its operations, dissolved, transferred, split, or merged, the competent Party organization shall direct the annual and term review and classification; review the classification of emulation titles, periodic and ad hoc rewards (if any) and notify the Party organization that inherits or receives that Party organization.

Party members who are disciplined with reprimand or warning will have their affected rights restored according to regulations (comments, evaluations, planning conditions, appointments, salary increases, rewards, etc.).

If a Party member is disciplined by being dismissed from office, removed from office, resigned, or dismissed (if any), the competent Party organization shall, based on the standards, conditions, and actual situation of the agency, locality, or unit, consider reinstating the position or arranging him/her to an equivalent position or job.

Party members who have been disciplined by expulsion or have left the Party shall be reinstated by the Party organization, restored to Party membership, or recognized as Party members (if the individual has a petition). Party age shall be calculated continuously throughout the period of unjust discipline (in case of disciplinary expulsion). Agencies and units shall base on the actual situation to arrange suitable work positions. If they do not meet the standards and conditions for work arrangement, they shall be dismissed from work and enjoy the regimes and policies according to regulations.

Party organizations and competent agencies shall resolve and restore legitimate rights for Party members in sending them to study, train, foster, supplement planning, introduce candidates, nominate, appoint, pay salaries according to ranks, positions, titles and salary allowances (if any); confer, consider awarding or posthumously awarding emulation titles and rewards according to regulations.

The competent Party organization promptly directs the correction of disciplinary information in the records and personal history of Party members...

Party committees and organizations at all levels shall lead, direct, organize research, thoroughly grasp and strictly implement this Regulation. During the implementation process, if there are any problems and need for supplementation or amendment, they shall report to the Politburo (through the Central Inspection Committee) for consideration and decision.

The Central Inspection Commission monitors, inspects and guides the implementation of the Regulation; periodically reports to the Politburo and the Secretariat.

This regulation takes effect from the date of signing and is disseminated to Party cells.

According to Baochinhphu.vn
Copy Link

Featured Nghe An Newspaper

Latest

The Politburo issued regulations on apologizing and restoring the rights of Party organizations and Party members who were wrongly disciplined.
POWERED BYONECMS- A PRODUCT OFNEKO