Disciplinary action against party members who violate the Party Charter

(Baonghean) - Question: Is the disciplinary action against a party member who violates the Party Charter, resolutions, directives, regulations of the Party and the laws of the State, who has contributed to the revolution and has been awarded medals and resistance medals by the Party and the State through different periods, considered a mitigating circumstance when disciplining a party member? (Tran Van Thanh - Nam Thanh - Yen Thanh)

Answer: - Article 34 of the Party Charter stipulates: "Party organizations and party members with achievements will be rewarded according to the regulations of the Central Executive Committee".

- Clause 1, Article 35 of the Party Charter stipulates: "Party organizations and party members who violate discipline must be handled fairly, accurately and promptly."

- Point 1.2, Clause 1, Article 35 guiding the implementation of regulations on inspection, supervision and discipline work of the Party in Chapter VII and Chapter VIII of the Party Charter, 11th tenure (Issued with Decision No. 46-QD/TU, dated November 1, 2011 of the Politburo, 11th tenure), stipulates:

“Disciplinary enforcement must be based on the content, level, nature, harm and cause of the violation and aggravating or mitigating circumstances to consider and decide on appropriate disciplinary measures according to authority and must be responsible for that decision.

In handling, it is necessary to combine the results of self-criticism and criticism with the results of the party organization's investigation and verification to ensure objective, complete and accurate conclusions. It is necessary to clarify the causes, distinguish between mistakes and shortcomings of party members due to their qualifications, capacity or motives for the common good or for personal or local interests, but intentionally commit wrongdoing; temporary or systematic violations; violations after being educated and prevented; not voluntarily admitting mistakes, not making material compensation or having behaviors to deal with inspection; distinguish between party members who initiate, organize and decide and party members who are enticed and agree to do wrongdoing.

- Clause 1, Article 3 of Regulation No. 94-QD/TU, dated October 15, 2007 of the Politburo stipulates: "Cases of violations with one or more of the following circumstances shall be considered for a reduction in disciplinary level:

a) Proactively report your violations and voluntarily admit shortcomings and violations.

b) Proactively report, provide information and reflect on other violators.

c) Proactively remedy the consequences of violations and actively participate in preventing violations; voluntarily compensate for damages caused by oneself".

Thus, according to the above regulations, the case of a party member who violates and must be disciplined is a person who has contributed to the revolution, has been awarded medals and resistance medals by the Party and the State through the periods, which is currently not stipulated as a mitigating circumstance when considering and handling. However, in the process of disciplining a party member who violates, the competent party organization still considers the achievements and contributions of the party member to consider and decide on discipline that is sympathetic and reasonable, ensuring the humaneness and humanity of the Party in disciplining party members.

Question: At the Party cell congress, when voting on the targets in the congress resolution, the Secretary said that all probationary Party members are allowed to vote, except for voting to elect the leadership bodies. Is that correct or incorrect? The Party cell voted to propose admitting outstanding masses into the Party by secret ballot. Some comrades said that doing so was incorrect, some comrades thought it was an abuse, and some comrades thought that probationary Party members were allowed to vote and vote to admit Party members. Which opinion is correct?

Article 3 of the Party Charter states: “…Probationary Party members have the above rights, except the right to vote, run for election and elect the Party’s leadership bodies.” According to the above provisions, in congresses and in Party cell meetings, provisional Party members do not have the right to vote or cast secret ballots. When the Party cell votes to propose admitting outstanding people into the Party, the use of a show of hands or a secret ballot is valid. However, the choice of which form is decided by the Party cell; whether voting by a show of hands or a secret ballot, provisional Party members do not have the right to vote.

TN