Cases where party members are exempted, not handled or have not been disciplined

Ái Vân |

Instruction No. 08-HD/TU stipulates cases of party members who are exempted, not handled or have not been considered and disciplined.

On behalf of the Secretariat and Politburo member, Standing member of the Secretariat Tran Cam Tu has just signed and issued Instruction No. 08-HD/TU dated June 10, 2025 on "Implementing some contents of Regulation 296-QD/TU dated May 30, 2025 of the Party Central Committee on inspection, supervision and discipline of the Party".

Instruction No. 08-HD/TU stipulates cases where party members are exempted, not handled or have not been considered and disciplined, which are:

Party members who comply with the decision of a superior level but have promptly reported in writing or reserved their opinions before the competent Party organization or individual making a decision contrary to the Party's regulations or the State's laws will be considered for exemption or reduction of responsibility when the competent Party organization concludes that the decision is a violation.

The competent Party organization votes to decide on the form of discipline, comparing the results with the statute of limitations for disciplinary action if the deadline has passed according to regulations, the Party organization or Party member who violates will not be disciplined.

The competent Party organization issued a notice (in writing) clearly stating the content of the violation and the form of discipline that should be applied to Party organizations and Party members, but did not handle the discipline due to the expiration of the Party organization, Party members who violated and Party organizations managing Party members.

In the third case, if a party member implements a proposal on innovation permitted by the competent authority according to the Central Government's regulations but does not achieve or only achieve part of the set goals or is at risk, causing damage, the competent authority must promptly identify the objective, subjective causes, and evaluate fairly for consideration and handling. If the policy has been implemented correctly, with clear motives, for the common good, responsibility must be considered for exemption or reduction.

The fourth case is that if a party member is confirmed by a competent authority to have lost civil capacity, have difficulty in perception, master the behavior, and limit civil capacity when a violation occurs, disciplinary action will not be taken; the competent Party organization must carry out procedures for the party member to leave the Party.

Female party members who are pregnant, on maternity leave, raising children under 12 months old or male party members (in case of wife's death or for other objective or force majeure reasons) raising children under 12 months old have not been considered or disciplined.

Party members with serious illnesses with inpatient treatment records, active treatment at medical facilities, and medical conclusion from competent health agencies will be postponed, and will wait until their health recovers before being considered and disciplined.

Instruction 08-HD/TU also specifically states many contents related to Party inspection and supervision; disciplinary action; handling of denunciations; handling complaints against Party discipline; suspending Party activities.

Regarding disciplinary action on dismissal of party members, the Secretariat guides that the Party Committee has a standing committee, in case of only removal of the position of secretary and deputy secretary, there is still a standing committee member. The same is true for the position of member of the Standing Committee. From the position of committee member, there will be no more positions of secretary, deputy secretary, or standing committee member.

If he/she was removed from office in the previous term (one, some positions or removed from all positions), the competent party organization must consider and decide to remove him/her from office in one, some or all positions in the next term or decide to dismiss him/her from office or resign.

In case of clear violations, party members sincerely accept violations, shortcomings, voluntarily compensate, and remedy the consequences, have applications to resign from their current positions, and resign, then consider and decide to reduce the form of discipline.

Ái Vân
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