Politburo's regulations on power control in personnel work

On September 23, on behalf of the Politburo, General Secretary Nguyen Phu Trong signed and issued Regulation No. 205-QD/TW on controlling power in personnel work and combating the abuse of power and positions. VNA would like to introduce the full text of the Regulation:

REGULATIONS
On controlling power in personnel work and fighting against power abuse

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- Pursuant to the Party Charter;
- Pursuant to the Working Regulations of the Central Executive Committee, Politburo and Secretariat, 12th tenure.
Implementing the Resolution of the 12th Party Congress and the resolutions of the Central Executive Committee on Party building, the Politburo stipulates the control of power in personnel work and the fight against the abuse of power and positions as follows:

I- GENERAL PROVISIONS

Article 1. Scope of regulation and applicable subjects

1. This regulation regulates the control of power in personnel work and the prevention of abuse of power and position.

2. This regulation applies to organizations and individuals involved in personnel work.

Article 2. Interpretation of terms

1. Power in personnel work is the authority of organizations and individuals in recruiting, arranging, managing, evaluating, planning, training, fostering, appointing, dismissing, conferring, promoting ranks, recommending candidates, transferring, rotating, rewarding, disciplining, inspecting, supervising, resolving complaints and denunciations, and implementing regimes and policies for cadres.

2. Controlling power in personnel work is the use of mechanisms and measures to strictly implement regulations on personnel work; prevent, stop, detect and handle violations of Party and State regulations, especially acts of taking advantage of positions and powers, abusing power, or failing to fully perform functions, tasks, powers and tasks assigned in personnel work.

3. Agencies assigned to perform personnel work include:

- The agency that leads, directs, and decides on personnel work according to its authority is the Party Committee, Party organization, local leadership collective, agency, and unit.

- The Party Committee's organizing committee, the organization and personnel agency, the internal affairs agency, and the assigned agencies coordinate in the work of proposing, commenting, evaluating, and assessing cadres.

4. Personnel is the person being considered by competent authorities to carry out the personnel work process.

II- POWER CONTROL IN PERSONNEL WORK

Article 3. For Party committees, Party organizations, local leadership collectives, agencies and units

1. Lead and direct the full and serious implementation of principles, regulations, rules and procedures on personnel work; regularly self-check, promptly correct errors and take responsibility for limitations and shortcomings in personnel work within the assigned scope, authority and responsibility.

2. Review, amend, supplement or issue regulations and rules on personnel work according to authority. Specify the responsibilities of collectives and individuals; processes and procedures, ensuring democracy, objectivity, publicity and transparency in each stage of personnel work.

3. Regularly inspect and supervise advisory and support agencies, subordinate agencies and cadres and civil servants under their management in performing their duties on personnel work. Correct and promptly and strictly handle violations of Party and State regulations on personnel work and this Regulation.

4. Protect and promptly reward individuals who discover, reflect, and denounce violations in personnel work. Strictly handle those who take advantage of this to denounce or spread false information to discredit others.

5. Transfer or change the job position of those assigned to do personnel work or monitor personnel work in a locality or field who have held the job for 5 consecutive years or when deemed necessary.

6. Do not arrange for people with family relationships (wife, husband, father, mother of wife or husband, children, siblings) to hold related positions such as: Secretary, deputy secretary, head of the organizing committee, head of the inspection committee at the same Party Committee; Chairman of the People's Committee and head of the internal affairs agency, inspectorate at the same level in the same locality; member of the same Party executive committee, Party delegation; head and deputy head of the same locality, agency, unit.

Article 4. For members of Party committees, Party organizations, local leadership collectives, agencies and units

1. Correctly and fully exercise one's authority and responsibility in personnel work. Timely, fully, accurately and honestly reflect to competent authorities the contents related to personnel that the individual is assigned to monitor and manage. Clearly express one's opinions and take responsibility for one's opinions, and reserve opinions.

2. Resolutely fight against manifestations and actions that violate Party and State regulations in personnel work.

3. Take personal responsibility for proposing personnel and for reviewing, evaluating, and confirming the records, resumes, and related documents of personnel under his/her authority. As a member, take joint responsibility for each incorrect decision on personnel work made by the leadership team, except in cases where there is disagreement during the implementation of personnel work procedures and a written report is submitted to the competent authority (or the opinion has been recorded in the meeting minutes).

4. Voluntarily report to the Party Committee, Party organization, and management collective when there are relatives (father, mother, wife, husband, biological children, adopted children, daughters-in-law, sons-in-law, siblings) who have rights and interests related to the implementation of the personnel work process.

5. Take responsibility for any negative or wrongdoings in personnel work in the locality, agency, unit, or field under the authority assigned to manage and be in charge.

6. The following acts are strictly prohibited:

a) Providing or disclosing information, documents, and records of cadres and party members to organizations and individuals without authority or responsibility, especially information, documents, and personnel records in the process of implementing cadre work procedures.

b) Inserting personal intentions, setting out criteria, standards, conditions, comments, and assessments that are imposed, not true in nature, and not true to the truth for personal gain or to benefit personnel in the process of advising on the implementation of personnel work procedures.

c) Allowing others, especially spouses, parents, biological children, adopted children, daughters-in-law, sons-in-law, and siblings to take advantage of one's position, authority, and prestige to manipulate and interfere in personnel work.

d) Meeting, contacting, and exchanging with personnel in violation of regulations during the performance of personnel work.

d) The acts specified in Articles 10 and 11 of these Regulations.

Article 5. For heads of Party committees, Party organizations, localities, agencies and units

In addition to implementing the contents in Article 4, it is also necessary to implement:

1. Directing strict implementation of principles, regulations, rules, and procedures on personnel work. Publicizing and making transparent the contents of personnel work for relevant subjects according to regulations. Directing the preparation of complete personnel records and providing them to relevant members according to the working regulations of the Party Committee, organization, agency, unit or regulations of competent authorities. After receiving the policy of competent authorities, directing the implementation of personnel procedures within the prescribed time.

2. Convene the full and correct composition according to regulations when meeting to discuss personnel work; spend adequate time for truly democratic collective discussion; do not show signs of lobbying, taking advantage of, leading, manipulating, imposing subjective opinions, influencing, interfering with information, or putting pressure on others to comment, evaluate, vote, cast votes, or decide on personnel according to one's own will.

3. Propose clearly and specifically the requirements, standards, structure, conditions, and procedures for introducing and evaluating personnel. Conclude fully, accurately, honestly, and objectively on the discussion contents and be responsible for your conclusions when chairing a conference on personnel work.

4. Arrange time and space to ensure that members are independent and objective when recording votes, recommendation votes, and votes of confidence. Do not use other voting methods as prescribed.

5. Report promptly, fully, honestly, objectively, and accurately the opinions of the collective leadership to competent authorities, especially on issues with different opinions on personnel work.

6. From the time of notice of retirement, pending retirement or job transfer, a written report must be submitted and the direct superior must agree before implementing the personnel work process according to the delegated authority.

Article 6. For heads of agencies and units assigned to perform personnel work at all levels

- Direct and strictly implement Party and State regulations on personnel work and this Regulation.

- Responsible to the Party Committee, Party organization, and leadership collective for proposals, comments, assessments, and appraisals of personnel and personnel records.

- Direct the synthesis, timely, complete and honest reporting to the Party Committee, Party organization and leadership collective on different opinions on personnel of agencies assigned to perform personnel work.

- Regularly inspect and supervise cadres assigned to do cadre work in their agencies and units. Promptly detect and strictly handle violations of Party and State regulations on cadre work and this Regulation.

Article 7. For staff and proposers

1. Grasp and fully and seriously implement the principles and regulations of the Party and State on personnel work; the situation and requirements of personnel in the assigned areas and fields. Ensure objectivity, impartiality, honesty, accuracy, caution and strictness in advising on personnel work.

2. Be responsible for your own proposals and the accuracy and timeliness of personnel records. Report in writing to competent authorities on personnel and personnel plans in the assigned area of ​​monitoring.

3. Promptly detect and report in writing to competent authorities any negative signs or violations in personnel work in the assigned areas and fields and recommend handling.

4. Comply with Clause 5, Article 3 and Clauses 2, 4, 6, Article 4 of these Regulations.

5. The following acts are strictly prohibited:

a) Harassing, causing difficulties, troubles, prolonging time, setting conditions for personnel and personnel submitting agencies.

b) The acts specified in Articles 10 and 11 of these Regulations.

Article 8. For personnel

1. Timely, fully, accurately and clearly report the personal records of party members, cadres, civil servants and public employees and honestly declare assets and income according to regulations.

2. Voluntarily not run for election, not accept nomination, planning, appointment, conferment, promotion of rank, reward, regime, or policy if one feels that one does not meet the standards, conditions, qualities, prestige, capacity, or health.

3. It is strictly forbidden to directly or through others, mass media, social networks to disseminate untrue information, make false accusations to promote oneself, or lower the reputation of others in personnel work.

4. The acts specified in Article 10 of these Regulations are strictly prohibited.

Article 9. Handling of responsibilities

1. Collectives and individuals violating the contents stated in Article 3 and Article 6 of this Regulation must review and clarify the responsibilities of the relevant collectives and individuals for handling according to regulations.

2. Cadres and Party members (including those who have transferred jobs or retired) who violate the contents stated in Articles 4, 5, 7, and 8 of this Regulation shall be handled according to current regulations. In addition, if they are cadres currently working, the following handling measures shall also be applied:

a) Suspension from work, position, not assigned to do staff work, professional work on organization, personnel, inspection, and auditing.

b) Temporarily suspend, according to regulations of competent authorities, the planning, transfer, rotation, appointment, reappointment, conferment, promotion of ranks, nomination for higher or equivalent positions, recognition of positions, conferment of titles, and rewards.

c) Cancel and revoke incorrect decisions on personnel work.

III- FIGHTING AGAINST TRADE FOR OFFICES AND POWER

Article 10. Acts of seeking positions and power

1. Approaching, establishing relationships, bribing, or buying off people with responsibilities, positions, powers, or related people for the purpose of obtaining positions, titles, or benefits.

2. Taking advantage of any time, any place, especially holidays, birthdays and other opportunities, using the name of personal feelings or the name of other organizations, agencies, units or individuals to give gifts, money, real estate, arrange entertainment activities for leaders, competent persons or related persons with the aim of gaining support, trust, position, title and benefits.

3. Taking advantage of close relationships or using the advantages, work positions, and prestige of others to influence, solicit, or put pressure on people with authority and responsibility in recommending or appointing oneself or others, "cronies" to positions or positions according to personal or group intentions.

4. Taking advantage of having inside information or unfavorable information about an organization or individual to set conditions or put pressure on people with authority and responsibility in recommending, nominating, or appointing oneself.

5. Using personal history, family background, work achievements to bargain, set conditions, and make unreasonable demands on organizations and individuals with authority and responsibility in order to obtain positions, titles, and benefits.

6. Using other negative behaviors to obtain position, title, or benefits.

Article 11. Acts of covering up and assisting in the buying and selling of positions and power

1. Knowing that an employee has engaged in the act of seeking positions or power but concealing it, compromising, not handling it according to authority or not reporting to the competent authority for handling.

2. Failure to handle according to prescribed authority or failure to report to competent authority for handling upon receiving petitions, letters reflecting or denouncing personnel for seeking positions or power.

3. Taking advantage of one's position, authority, or using one's own or one's family's prestige and influence to suggest, influence, or pressure others to make decisions or advise, propose, comment, evaluate, vote, or recommend personnel according to one's own wishes.

4. Confirming, certifying, commenting, evaluating untruthfully or falsifying or distorting the content of personnel records, election results, obtaining recommendation votes, votes of confidence, and recruitment exams to benefit personnel or to achieve personal goals.

5. Delay or do not perform when it is disadvantageous or choose a time that is beneficial to the staff according to your own will to perform the personnel work process.

6. Directly or indirectly accepting bribes to help others obtain positions, titles, or illegitimate benefits.

7. Directly or indirectly supporting or brokering for personnel to carry out acts of seeking positions and power as stated in Article 10 of these Regulations.

8. Other acts to cover up and assist in the buying and selling of positions and power.

Article 12. Responsibilities of organizations and individuals in combating the buying and selling of positions and power, covering up and assisting the buying and selling of positions and power

1. Party committees, party organizations, collective leadership and heads of localities, agencies and units within the scope of their tasks and powers are responsible for:

a) Detect and receive information related to acts of seeking positions, power, covering up, assisting in seeking positions, power and handling according to authority or recommending competent authorities to handle.

b) Provide information and comply with requests of competent agencies and organizations during the process of inspecting and handling acts of seeking positions, power, covering up, and assisting in seeking positions and power in one's agency or unit.

c) Timely protect and reward individuals who discover, reflect, and correctly denounce acts of seeking positions or power, covering up, or assisting in seeking positions or power; at the same time, strictly handle those who make false accusations that affect the reputation of others.

2. The Vietnam Fatherland Front, socio-political organizations and elected bodies, through the performance of their functions and duties, if they detect acts of seeking positions, seeking power, covering up or assisting in seeking positions or power, shall make recommendations to competent agencies and organizations for inspection and handling, and at the same time supervise the implementation of recommendations according to regulations.

3. Officials and party members have the responsibility to detect and listen to people's opinions to reflect, denounce, and provide information to competent authorities about acts of seeking positions, power, covering up, and assisting in seeking positions, power.

Article 13. Handling of acts of seeking positions and power and covering up and assisting in seeking positions and power

1. Cadres, party members, civil servants, and public employees who engage in the act of seeking positions or power or cover up or assist in seeking positions or power shall be subject to disciplinary action in accordance with current regulations. In addition, if they are working cadres, depending on the form of disciplinary action, the following measures shall be applied:

a) If reprimanded, the person will be removed from the personnel planning (if currently in the planning). After at least 18 months from the date of removal from the planning, the person will be considered for the personnel planning. The person will not be assigned to do staff work, professional work on organization, personnel, inspection, or auditing.

b) If warned, the person will be considered for dismissal from the Party Committee or the current position. Removed from the personnel planning (if currently in the planning). After at least 30 months from the date of the decision to dismiss the person from the Party Committee or position, the person will be considered for personnel planning. Not assigned to do staff work, professional work on organization, personnel, inspection, or auditing.

c) If dismissed, the person will be removed from the personnel planning (if currently in the planning). After at least 60 months from the date of removal from the planning, the person will be considered for the personnel planning. The person will not be assigned to do staff work, professional work on organization, personnel, inspection, or auditing.

d) If expelled from the Party, consider forced resignation or termination of labor contract.

2. For acts of seeking positions, seeking power, covering up, assisting in seeking positions, seeking power related to giving and receiving bribes or other violations to the extent that criminal liability must be prosecuted, the case must be transferred to the competent authority for consideration and handling according to the provisions of law; it is strictly forbidden to retain them for administrative handling.

IV- IMPLEMENTATION PROVISIONS

Article 14. Implementation

1. Party committees, party organizations, local leadership, agencies, units, and organizations must thoroughly grasp and concretize according to their authority to strictly implement this Regulation. Regularly inspect, supervise, and annually report to direct superiors on the implementation results.

2. The Party Delegation of the National Assembly and the Party Executive Committee of the Government shall direct the review, supplementation, amendment and promulgation of relevant legal documents, ensuring consistency and uniformity with these Regulations.

3. The Central Inspection Committee shall preside over and coordinate with the Central Organizing Committee and relevant agencies to advise on amending, supplementing or promulgating a new framework for handling violations stated in this Regulation.

Inspection committees of Party committees at all levels regularly inspect and supervise the implementation of the Regulations; handle disciplinary actions according to their authority or propose competent authorities to handle disciplinary actions against violating collectives and individuals.

4. The Central Committee for Mass Mobilization, the Party Committee of the Vietnam Fatherland Front and socio-political organizations, and elected bodies, within the scope of their duties and powers, shall develop a plan to guide the implementation of the supervision of personnel work and the implementation of this Regulation; propose competent authorities to consider and handle violations discovered through supervision and people's feedback.

5. The Central Propaganda Department shall preside over and coordinate with relevant agencies to direct research, dissemination, dissemination and propaganda of the implementation of the Regulation.

6. The Central Organizing Committee shall preside over and coordinate with relevant agencies to monitor, urge, inspect and supervise the implementation of the Regulation; annually report to the Politburo and the Secretariat.

Article 15. Entry into force

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

In the process of implementing the Regulation, if any problems are discovered and need to be supplemented or amended, they shall be reported to the Politburo (through the Central Organizing Committee) for consideration and decision./.