Expulsion from the Party does not necessarily require a court verdict.

Mr. Tran Cam Tu, Politburo member, Party Central Committee Secretary, Chairman of the Central Inspection Commission chaired the meeting from November 2 to 4.

What is special about Mr. Tuan receiving the highest level of Party discipline after being prosecuted for investigation? Before Mr. Tuan, many officials who committed violations were suspended from Party activities or from their positions after being prosecuted or detained. They only received the highest level of Party discipline when there was a court verdict.

Speaking to reporters, lawyer Nguyen Thang (Intercode Law Firm) said that the principles for handling disciplinary actions against party members who violate the law are regulated in Article 2 of Regulation 102-QD/TW dated November 15, 2017 of the Central Executive Committee. In particular, Clause 4 of this Article stipulates 4 forms of discipline for official party members including: Reprimand, warning, dismissal, and expulsion. Party members who violate the law to the extent of being expelled must be expelled, and the form of name deletion will not be applied.

Mr. Nguyen Quang Tuan has been expelled from the Party.

This provision is understood that a party member can be expelled in case of violation to the extent of expulsion. To expel a party member, the Party organization shall base on the content, nature, level, consequences of the act, cause of the violation, aggravating or mitigating circumstances, attitude towards accepting criticism and correcting, overcoming shortcomings and violations, goals and requirements of performing political tasks and Party building work.

In addition, according to Regulation No. 30-QD/TW dated July 26, 2016 of the Central Executive Committee, if a party member is prosecuted, indicted or detained, if the competent party organization clearly concludes that the party member has violated the law to the extent that it must be disciplined, it will proactively consider and handle party discipline, without necessarily waiting for the conclusion or verdict of the court...

Lawyer Thang also said that, to unify the understanding of this content, the Central Inspection Committee has Instruction No. 04-HD/UBKTTW dated March 22, 2018 stating: "When Party committees, Party committee standing committees and Inspection committees from district level and above discover that Party members have committed violations to the extent that criminal liability must be prosecuted, they must transfer the case to the competent judicial agency for consideration and handling, and must not retain it for internal handling...". Criminal law violations by Party members are discovered after Party committees, Party committee standing committees and Inspection committees verify, clarify and conclude.

"This regulation contributes to the work of cleaning up the Party, avoiding the situation of being complacent and ignoring illegal acts and violations of Party regulations," said lawyer Thang.

Citing the Party's regulations and guidelines as above, according to lawyer Nguyen Thang, Party members can be expelled in two cases: One is being sentenced by the Court to a penalty of non-custodial reform or higher and the verdict has come into legal effect; Two is the violation of the law is so serious that it must be expelled after the conclusion of the competent Inspection Committee, without waiting for and not depending on the Court's decision.

Regarding the specific case of Mr. Nguyen Quang Tuan - Director of Bach Mai Hospital, who was expelled from the Party immediately after the Ministry of Public Security's Investigation Police Agency initiated prosecution for "violating bidding regulations causing serious consequences", lawyer Thang said that if the Central Inspection Committee concluded that Mr. Tuan violated the regulations to the extent that he should be expelled, then he should be expelled, without necessarily waiting for the Court to declare him guilty or not guilty. This is also not the first case, previously, Mr. Nguyen Xuan Son, former Chairman of the Board of Directors of the Vietnam National Oil and Gas Group, had not yet had a legally effective verdict, but the Central Inspection Committee also concluded and applied the disciplinary measure of expulsion from the Party.

Clause 5, Article 2, Decision No. 102-QD/TW of the Central Executive Committee: Party members who violate the law to the extent that they must be prosecuted for criminal liability when sentenced by the court to non-custodial reform or higher must be expelled from the Party;

Point 4.1, Clause 4, Article 40, Regulation No. 30-QD/TW dated July 26, 2016 of the Central Executive Committee: Party members are suspended from Party activities when a competent law enforcement agency issues a decision to prosecute or detain them.

Point 1.2, Clause 1, Article 40, Regulation No. 30-QD/TW, dated July 26, 2016 of the Central Executive Committee: If a party member is prosecuted, indicted or detained, if the competent party organization clearly concludes that the party member has violated the law to the extent that it must be disciplined, it will proactively consider and handle party discipline, without necessarily waiting for the court's conclusion or verdict...".