Responsibility and humanity

On August 18, 2023, the Central Committee of the Communist Party of Vietnam issued Regulation No. 117-QD/TW on apologizing and restoring the rights of Party organizations and members unjustly disciplined. This regulation clearly stipulates the principles, responsibilities, procedures, and processes for apologizing and restoring the rights of Party organizations and members unjustly disciplined. This affirms the Party's spirit of taking responsibility and its humane approach towards cases of unjust disciplinary action.

According to Regulation No. 117-QD/TW dated August 18, 2023, of the Central Committee of the Communist Party of Vietnam, unjust disciplinary action is when a Party organization or Party member, despite not violating the Party's policies and regulations or the State's laws, is concluded by a competent Party organization to have committed a violation and is subjected to disciplinary action. Therefore, apologizing to a Party organization or Party member unjustly disciplined means that the Party organization that made the unjust disciplinary decision publicly apologizes and corrects the record. Party organizations, state agencies, the Fatherland Front, and other competent political and social organizations must restore the legitimate rights and interests of the unjustly disciplined Party organization or Party member. Therefore, the Central Committee requires that the apology and restoration of rights for unjustly disciplined Party organizations and Party members be timely, public, and objective. The Party organization that decided to unjustly discipline the Party member is responsible for organizing an apology and restoring their rights… However, the apology and restoration of rights for the unjustly disciplined Party organization and Party member will only be carried out once when there is a conclusion or decision from a competent authority confirming the unjust disciplinary action. At the same time, no apology or restoration of rights will be granted to Party members who, after being unjustly disciplined, have failed to maintain their Party membership status, qualities, and standards, or have committed violations that led to disciplinary action. This includes Party members who take the blame for others, leading to unjust disciplinary action; refusing to apologize and restore rights; and voluntarily abandoning Party activities…

Furthermore, the Party organization that decided on the wrongful disciplinary action must proactively and promptly report to the Standing Committee of the Party Committee and the higher-level Inspection Committee; coordinate with relevant Party organizations, agencies, and units to apologize and restore the rights of the Party organization and Party members; and decide to revoke or withdraw the wrongful disciplinary decision… If a Party member who was wrongfully disciplined has passed away, been declared missing by the court, or lost their civil capacity, the Party organization that decided on the wrongful disciplinary action must apologize to the Party member's relatives. Along with the apology and restoration of rights, the Party organizations and Party members who were wrongfully disciplined will be compensated for material and legitimate benefits in accordance with the law on the State's liability for compensation.

To establish grounds for apology and restoration of rights, competent Party organizations must have a conclusion or decision regarding the wrongful disciplinary action against the Party organization or Party member. The conclusion, decision, or judgment of a legal authority determining that the Party member was wrongfully investigated, prosecuted, or tried, leading to the Party organization's decision to impose the wrongful disciplinary action, is also one of the grounds for offering an apology and restoring rights to the Party organization or Party member who was wrongfully disciplined. Immediately after issuing the conclusion or decision determining the wrongful disciplinary action, the Party organization must send a written document to the relevant organization or individual as prescribed. Within 30 days of receiving the conclusion or decision from the competent authority, the Party organization or Party member who was wrongfully disciplined must send a written request for apology and restoration of rights to the Party organization that issued the wrongful disciplinary decision. Within 60 days from the date of receiving the conclusion or decision regarding the wrongful disciplinary action, the Party organization that issued the wrongful disciplinary decision is responsible for notifying the Party organization and Party member who was wrongfully disciplined (or their relatives) in writing about the apology and restoration of rights. The Party organization must revoke and annul the wrongful disciplinary decision; and simultaneously send the relevant agency or organization where the Party member works or lives to revoke and annul any administrative or organizational disciplinary decisions against the Party member (if any). The Party organization must restore the rights of the wrongfully disciplined Party member or organization, or request the competent authority to restore them. Within 30 days from the date of receiving the request from the Party organization that issued the wrongful disciplinary decision, the competent authority shall restore the rights of the Party organization and Party member in accordance with regulations…

The representative of the Party organization directly above the Party organization that decided to organize and preside over the public apology conference for the Party organization and Party members unjustly disciplined must announce the decision to revoke the unjust disciplinary decision; the decision to restore the activities of the Party organization that was dissolved; the decision to reinstate the Party membership of Party members who were expelled or had their names removed from the Party membership list due to unjust disciplinary action; and the decision to restore their job position, title, leadership position, and related rights (if any). The organization organizing the apology must record the minutes of the conference and send a report to the Party organization that resolved and determined the unjust disciplinary action within 5 days from the date the conference concludes. The organization that made the unjust disciplinary decision must send the apology to its subordinate Party organizations; publish it publicly in local newspapers and on the website (if any) of the Party committee of the agency or unit where the Party organization or Party member was unjustly disciplined, where they reside or work.

Regarding the restoration of rights for Party organizations, Regulation 117 clearly states: If a Party organization receives a reprimand or warning, the competent Party organization shall direct a review of its annual and term-based performance evaluation; review the ranking of emulation titles and forms of periodic and extraordinary awards (if any). If a Party organization is dissolved, the competent Party organization shall direct its re-establishment, appoint provisional Party committee personnel, and direct the organization of the Party committee congress according to regulations (if conditions are met). If a Party organization has ceased operations, been dissolved, transferred, split, or merged, the competent Party organization shall direct the review and evaluation of its annual and term-based performance; review the ranking of emulation titles and forms of periodic and extraordinary awards (if any), and notify the Party organization that inherits or receives that Party organization. For Party members: Party members who receive a reprimand or warning will have their affected rights restored according to regulations (comments, evaluations, conditions for planning, appointment, salary increases, awards, etc.). Party members who are dismissed from their positions, removed from office, resign, or relieved of their duties (if applicable) will have their positions restored or be assigned to equivalent positions by the competent Party organization based on the standards, conditions, and actual situation of the agency, locality, or unit. Party members who are expelled or have left the Party will have their Party membership restored, their Party membership rights restored, or be recognized as Party members (if the individual submits a request). Party membership seniority is calculated continuously throughout the period of unjust disciplinary action (in the case of expulsion). The agency or unit will assign a suitable position based on the actual situation; if the individual does not meet the standards and conditions for assignment, they will be allowed to retire and receive benefits and policies as prescribed. Party organizations and competent authorities shall resolve and restore the legitimate rights of Party members in matters of being sent for study, training, and further education; supplementing planning; nominating candidates; appointing; salaries according to rank, grade, position, title, and salary allowances (if any); awarding, considering, or posthumously awarding emulation titles and commendations according to regulations…

During his lifetime, beloved President Ho Chi Minh wrote a letter to the People's Committees of provinces, districts, and villages, in which he wrote: "We are not afraid of mistakes, but once we recognize mistakes, we must strive to correct them." The Party's efforts in building and rectifying the Party have yielded many positive results. Many Party organizations and members who have degenerated and become corrupt have been strictly dealt with according to Party regulations and the law, thereby further strengthening the people's trust in the Party. However, in the process, it is inevitable that there will be cases of wrongful convictions. Our Party has not hesitated to acknowledge and demonstrate its responsibility when mistakes occur leading to the wrongful conviction of comrades and fellow soldiers. Regulation 117 was issued, clearly demonstrating the Party's spirit of responsibility, courage to act, and willingness to take responsibility, full of humanity. This also affirms that President Ho Chi Minh's teachings from years ago remain valid to this day and into the future, and our Party will always remember and follow them.

Source: https://baobinhthuan.com.vn/quy-dinh-so-117-qd-tw-trach-nhiem-va-nhan-van-112170.html