On August 18, 2023, the Party Central Committee issued Regulation No. 117-QD/TW on apologizing and restoring the rights of Party organizations and Party members who were unjustly disciplined, clearly stipulating the principles, responsibilities, procedures, and procedures for apologizing and restoring the rights of Party organizations and Party members who were unjustly disciplined. This affirms the Party's spirit of daring to do, daring to take responsibility, and being humane in dealing with cases of unjust disciplinary action.
According to Regulation No. 117-QD/TW dated August 18, 2023 of the Party Central Committee, wrongful discipline is when a Party organization or Party member does not violate the Party's policies and regulations or the State's laws, but the competent Party organization concludes that there is a violation and takes disciplinary action. Therefore, apologizing to a Party organization or Party member who has been wrongly disciplined is when the Party organization that has decided to take wrongful discipline apologizes and publicly corrects the Party organization or Party member who has been wrongly disciplined. Party organizations, State agencies, the Fatherland Front, and socio-political organizations with the authority to restore the legitimate and legal rights of Party organizations must restore the rights of Party organizations and Party members who have been wrongly disciplined. Therefore, the Central Committee requires that the implementation of apologies and restoration of rights for Party organizations and Party members who have been wrongly disciplined must be timely, public, and objective. The party organization that has decided to unjustly discipline is responsible for organizing an apology and restoring rights... However, the apology and restoration of rights of the party organization and party members who have been unjustly disciplined will only be carried out once when there is a conclusion or decision from the competent authority determining the unjust discipline. At the same time, the apology and restoration of rights will not be made to party members who, after being unjustly disciplined, have failed to maintain their qualifications, qualities, and party member standards or have violated the discipline. Party members who take the blame for others leading to unjust discipline; Refusing to apologize and restore rights; Arbitrarily quitting party activities...
Along with that, the Party organization that has decided to unjustly discipline must proactively and promptly report to the Standing Committee of the Party Committee and the Inspection Committee at the next higher level; coordinate with the Party organization, relevant agencies and units to apologize and restore the rights of the Party organization and Party members; decide to abolish or revoke the unjustly disciplined decision... If the Party member who has been unjustly disciplined has passed away, the court has declared him missing or has lost civil capacity, the Party organization that decided to unjustly discipline must apologize to the Party member's relatives. Along with the apology and restoration of rights, the Party organizations and Party members who have been unjustly disciplined will be compensated for material and legal benefits according to the provisions of the law on the State's compensation liability.
In order to have a basis for apologizing and restoring rights, competent Party organizations that determine that Party organizations and Party members have been unjustly disciplined must have a conclusion or decision on the unjust discipline. The conclusion, decision, or verdict of a law enforcement agency that determines that a Party member has been investigated, prosecuted, or tried unjustly, leading to the Party organization's decision to make an unjust disciplinary decision, is also one of the bases for apologizing and restoring rights to the Party organization and Party members who have been unjustly disciplined. Immediately after issuing a conclusion or decision determining the unjust disciplinary action, the Party organization must send a document to the relevant organization or individual according to regulations. Within 30 days from the date of receipt of the conclusion or decision of the competent authority, the organization or Party member who has been unjustly disciplined must send a document requesting an apology and restoration of rights to the Party organization that made the unjust disciplinary decision. Within 60 days from the date of receiving the conclusion and decision on the wrongful discipline, the Party organization that decided on the wrongful discipline is responsible for notifying in writing the Party organization, the wrongly disciplined Party member (or the Party member's relatives) about the organization's apology and restoration of rights. Revoke and annul the wrongful disciplinary decision; and at the same time send it to the agency or organization where the Party member is working or living to revoke and annul the administrative disciplinary decision or group disciplinary decision against the Party member (if any). Restore the rights or request the competent authority to restore the rights of the organization or Party member that was wrongly disciplined. Within 30 days from the date of receiving the request from the Party organization that decided on the wrongful discipline, the competent authority shall restore the rights of the organization or Party member according to regulations...
The representative of the Party organization directly above the Party organization that has decided must organize and chair a public conference to apologize to the Party organization and Party members who have been unjustly disciplined, to announce the decision to annul the unjustly disciplined decision; the decision to restore activities for the Party organization that has been dissolved; the decision to restore Party membership for the Party member who has been expelled or had his/her name removed due to unjust discipline; the decision to restore the job position, title, leadership position and related benefits (if any). The organization that apologizes must record the minutes of the conference and send a report to the Party organization to resolve and determine the unjust discipline within 5 days from the end of the conference. The organization that has decided to unjustly discipline must send the apology to the subordinate Party organizations; publicly post it in the local press, the electronic information page (if any) of the Party Committee of the agency or unit where the Party organization or Party member has been unjustly disciplined, where they reside or work.
Regarding the restoration of rights for Party organizations, Regulation 117 clearly states: If a Party organization is disciplined with reprimand or warning, the competent Party organization shall direct the review of the annual and term-based classification; review the classification of emulation titles, and forms of periodic and ad hoc rewards (if any). If a Party organization is disciplined and dissolved, the competent Party organization shall direct the re-establishment, appoint temporary Party Committee personnel, and direct the organization of Party Committee congresses according to regulations (if conditions are met). If a Party organization has ceased operations, dissolved, transferred, split, or merged, the competent Party organization shall direct the review, annual and term-based classification; review the classification of emulation titles, and forms of periodic and ad hoc rewards (if any) and notify the Party organization that inherits and receives that Party organization. For party members: Party members who are disciplined with reprimand or warning will have their affected rights restored according to regulations (comments, assessments, planning conditions, appointments, salary increases, rewards, etc.). Party members who are disciplined with removal from office or dismissal from office, resignation, dismissal (if any)... will be considered by the competent Party organization based on the standards, conditions, and actual situation of the agency, locality, or unit to restore their position or arrange them to an equivalent position or job. Party members who are disciplined with expulsion or have left the Party will be restored by the competent Party organization to their Party membership, restore their Party membership rights, or be recognized as Party members (if the individual has a petition). Party age is calculated continuously throughout the entire period of unjust discipline (in case of disciplinary expulsion). The agency or unit will base on the actual situation to arrange a suitable job position. If they do not meet the standards and conditions for the job arrangement, they will be allowed to take leave and enjoy the regimes and policies according to regulations. Party organizations and competent agencies shall resolve and restore legitimate rights for Party members in sending them to study, receive training, foster, supplement planning, introduce candidates, nominate, appoint, pay salaries according to ranks, levels, positions, titles and salary allowances (if any); confer, consider awarding or posthumously awarding emulation titles and rewards according to regulations...
During his lifetime, beloved Uncle Ho wrote a letter to the People's Committees of regions, provinces, districts and villages, in which he wrote: "We are not afraid of making mistakes, but once we recognize our mistakes, we must make every effort to correct them." The Party's work of building and rectifying the Party has achieved many positive results, many Party organizations and Party members who have degraded and become corrupt have been strictly handled according to Party regulations and the law, thereby increasingly consolidating the people's trust in the Party. However, in the implementation process, it is inevitable that there will be cases of injustice, and our Party has not hesitated to acknowledge and show its responsibility when mistakes occur leading to injustice against comrades and teammates. The birth of Regulation 117 clearly demonstrates the sense of responsibility, daring to do, daring to take responsibility, full of humanity of our Party. This is also an affirmation that Uncle Ho's teachings in the past still hold true today and in the future, which our Party always remembers and follows.
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