Party discipline does not replace administrative discipline
Regulation 296 clearly states the principles of disciplinary action within the Party. Specifically, party organizations and party members who violate discipline must be handled fairly, accurately and promptly; all party organizations and party members are equal before the Party's discipline, if they violate to the extent of requiring discipline, they must be strictly disciplined.
Party members who violate the law to the extent that criminal liability must be prosecuted shall be transferred to a competent authority for settlement, not subject to internal handling. If there is a loss of finance and assets of the Party, State, organization or individual, responsibility and compensation must be considered.
After transferring party activities to a new party organization, if they are discovered or accused of violating discipline in the previous party organization that has not been considered and handled, the superior party organizations of the party organizations where the party members were previously and currently managed will consider, handle or assign the inferior party organizations to consider, handle, and direct the consideration and handling according to their authority.
Disciplinary action must be based on the content, extent, nature, harm, impact, cause of violation, specific circumstances and aggravating or mitigating circumstances to consider and decide appropriately and must be responsible for that decision.
Party discipline does not replace administrative discipline, collective discipline or handling by law and vice versa (except where otherwise provided). After reviewing, handling or directing the review and handling of party discipline, no later than 5 days, the Party organization must direct or propose to the responsible organizations to review and handle administrative and organizational discipline or criminal handling in a synchronous and timely manner.
According to regulations, for party members who are members of the Party Committee at all levels or cadres under the management of the Party Committee at all levels who have retired, resigned, dismissed or been dismissed from leadership or management positions, if violations are discovered while working, the disciplinary authority of the Party organizations shall be implemented as if they are in office.
Party members who are pregnant or raising children under 12 months old and have serious illnesses have not been considered and disciplined. In case the violator has passed away, the Party organization will consider and not discipline him, except in cases of particularly serious violations.
Party members who officially violate so seriously that they must be expelled must be disciplined, not apply the measure of removing their names, and not accept to leave the Party.
Authority to discipline violating party members
The regulations also mentioned the authority to implement the discipline of violating party members. In particular, the Standing Committee of the province, the Party Committee and the Party Committee under the Central Government decided to discipline party members but not the level members of the same level; The decision to reprimand and warn the party committee of the same level but not the party members who are cadres under the superior committee management when violating political qualities, ideology, morality, lifestyle, Party activities, performing assigned tasks, cadres under the superior committee to manage violations of tasks assigned by the same level committees. In case of dismissal or eliminating the level of members of the same level, the competent authority shall consider and decide.
The provincial committees, cities and party committees under the Central Government decide on the forms of disciplining party members; The decision to reprimand and warn the same level members (including members of the Standing Committee of the Party Committee), party members who are cadres under the superior committee to manage violations of political qualities, ideology, morality, lifestyle, party activities, perform the duties of party members, perform tasks assigned by the Party Committee.
The Secretariat and the Politburo decide on the discipline of party members, including party members who are officials of the Secretariat, the Politburo; reprimand and warn the Party Central Committee's Executive Committee (including Politburo Member, Member of the Secretariat, Alternate Member of the Party Central Committee) violating political quality, ideology, morality, lifestyle, Party activities, performing the task of party members, performing assigned tasks. In case of dismissal and deduction, report to the Party Central Committee for consideration and decision.
The Party Central Committee is the final disciplinary decision-making body; deciding on disciplinary measures against party members, including members of the Party Central Committee, Politburo members, and Secretariat members.
