Knowing that corruption is not prevented is an aggravating circumstance; Corrupting data can lead to expulsion from the party, according to new regulations issued by the Politburo.
On August 17, the Politburo issued Regulation 212 on disciplining party organizations and party members for violations, replacing Regulation 69 of 2022 (amended and supplemented by Regulation 264 of 2025).
Regarding the principle of disciplining party members and party organizations, Regulation 212 adds that discipline must be associated with strengthening education and management, making party organizations and party members aware of shortcomings and violations to overcome, correct and do better.
The principles of being proactive, timely, open, democratic, objective, fair, cautious, strict, accurate, and strict are also new compared to before.
In case a party organization or party member is unjustly or wrongly disciplined, the organization will apologize and have their rights restored. This is a new point compared to the old regulations.
At the same time, the Politburo more clearly stipulates that in case a violating party member is wanted, detained or sentenced by the court to death, non-custodial reform or more, the party organization has the authority to decide on expulsion; For reserve party members, their names will be deleted from the list.
People who receive a lower penalty than non-custodial reform or are exempted from criminal prosecution or punishment, after the judgment takes effect, will be disciplined accordingly depending on the content, nature, extent, consequences, causes of the violation and aggravating and mitigating circumstances.
The new regulations add a period of 5 days from the time a party member is disciplined, the management committee must direct or request state agencies, organizations, the Fatherland Front, and competent socio-political organizations, within 30 days, to consider administrative, mass and legal disciplinary actions.
When cadres, civil servants, public employees, members, union members, and workers who are party members are disciplined or prosecuted, the decision-making agency must notify the party organization managing the party members within 5 days at the latest. Within 30 days of receiving the notice, the party organization must discipline or report to the party's disciplinary authority in these cases.
The principle of not appointing, recommending, running for election, transferring, rotating, seconding, conferring, promoting military ranks, awarding rewards, or recognizing titles of the Party and State to cadres and party members who are being considered for disciplinary action, have not yet expired their disciplinary term, during the time of resolving denunciations, disciplinary complaints, inspections when there are signs of violations, are recommended to handle violations according to inspection, audit or investigation conclusions, more specifically than before.
People who dare to innovate may be exempt from discipline
According to the new regulations, female party members who are pregnant, on maternity leave, or raising children under 12 months old, or men (whose wife has died or due to objective reasons, force majeure) who are raising children under 12 months old, will be considered for disciplinary action, "unless the party member has a written request for disciplinary consideration."
Along with the case of seriously ill party members undergoing inpatient treatment at the hospital, the new Regulations add that cases of people undergoing treatment for a serious illness or losing cognitive ability will not be considered for disciplinary action; Only when this person's health is stable will he be disciplined.
Party members who make innovative and creative proposals are permitted by competent authorities and implement them in accordance with the policy, with pure motives and for the common good, but damage occurs, then the competent authority will consider exemption from discipline, instead of "exemption from discipline or reduced responsibility" compared to the old regulations.
The concept of a person with family relations is added in the new Regulations, which is the father, mother, direct caregiver or parent, direct caregiver of the spouse; biological children, adopted children, daughters-in-law, sons-in-law; siblings; brother, sister, or younger sibling of the wife (husband).
The statute of limitations for disciplining party members and party organizations basically remains the same. For party organizations, the statute of limitations is 60 months for violations up to the level of reprimand; 120 months with violations up to a warning level. The party organization committed violations to the point of disbanding; internal political violations; Violations of national defense, security, and foreign affairs that harm national and ethnic interests will not be subject to a disciplinary statute of limitations.
The statute of limitations for disciplining party members is 60 months for violations up to the level of reprimand; 120 months for violations up to a warning or dismissal. Party members commit violations up to the level of expulsion; internal political violations; violations of national defense, security, and foreign affairs that harm national and ethnic interests; Using illegal diplomas, certificates, or certifications will not result in a disciplinary statute of limitations.
Knowing that corruption is not prevented is an aggravating circumstance
Party members who are war invalids, people with meritorious service, or offspring of martyrs, war invalids, or people with meritorious service are considered extenuating circumstances when there is a violation. This is a new point compared to the old regulations.
Violators who delete data, take advantage of science, technology, and digital transformation to legalize or hide related records and documents will be considered aggravating circumstances. People who know but do not prevent it allow officials and party members of the organization to directly manage corruption, waste, and negativity, causing serious consequences, which are also aggravating circumstances.
Other aggravating circumstances that are more clearly clarified are taking advantage of positions, powers, emergencies, natural disasters, fires, epidemics, implementing social security and national defense and security policies, taking advantage of pilot mechanisms and policies, specialties, and policies to encourage and protect dynamic, creative, daring to think, dare to do, and dare to take responsibility for the common good to profit.
Regulation 212 still maintains the disciplinary forms for party organizations such as reprimand, warning, and dissolution; For official party members, it is reprimand, warning, dismissal, and expulsion; For reserve party members, it is a reprimand and warning.
Party members who damage data may be expelled
Compared to previous regulations, the new Regulations add many cases in which Party members who violate the fields of science, technology, innovation and digital transformation are expelled from the Party.
Specifically, party members who take advantage of data processing, management, development, business, and circulation of data products and services to infringe upon national interests, national defense, security, order, social safety, public interests, and legitimate rights and interests of agencies, organizations, and individuals will be expelled.
The form of expulsion also applies to people who take advantage of digital transformation to deceive, manipulate, profit, and infringe upon the legitimate rights and interests of agencies, organizations, and individuals; falsifying, intentionally falsifying, losing or damaging data in facilities of Party and State agencies, the Vietnam Fatherland Front and socio-political organizations.
Party members illegally obstruct or prevent data processing and data management processes or attack, appropriate or sabotage databases and information systems; sabotaging digital transformation activities; Disrupting, stalling, or causing insecurity to the digital systems of agencies, organizations, and individuals will also be expelled.
This regulation takes effect from August 17 and is disseminated to party cells.
