Details of 08 acts of abusing positions and powers in cadre work in Vietnam

Details of 08 acts of abusing positions and powers in cadre work in Vietnam (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

Details of 08 acts of abusing positions and powers in cadre work in Vietnam

According to Article 3 of Regulation 114-QD/TW, acts that are considered acts of abuse of positions and powers in cadre work include:

(1) Using the prestige and influence of self and family members to suggest, influence, and pressure others to decide, direct, advise, propose, comment, evaluate, cast, collect a vote of confidence, vote to introduce personnel, and vote at their own discretion.

(2) Letting people with family relationships or close relationships take advantage of their positions, powers, and reputations to influence, manipulate, and interfere in all stages of cadre work.

(3) Integrating personal intentions when performing stages in cadre work for motivation, self-seeking purposes, or benefits for personnel in the process of performing cadre work.

(4) Directing and advising in all stages of personnel work as prescribed in Clause 1, Article 2 of Regulation 114-QD/TW for personnel who do not meet the conditions and standards; not in accordance with principles, regulations, processes, regulations, and decisions.

(5) Postponing, not performing when it is unfavorable, or choosing a favorable time for personnel at their own discretion to carry out the staff work process.

(6) When receiving a complaint or letter of complaint or denunciation or knowing that an employee has engaged in corrupt or negative behavior in staff work, but compromises, tolerates, covers up, does not handle it according to its competence, does not handle it according to regulations, or does not report it to the competent authority for handling.

(7) Confirming, certifying, commenting, and evaluating, which is impositional, untrue, or forged, falsifies the content of personnel records, election results, collects recommendation cards, votes of confidence, and conducts recruitment and selection examinations for the benefit of personnel or for personal purposes.

(8) Providing or disclosing information, documents, and records of cadres and party members to organizations and individuals without authority and responsibility, especially information, documents, and records of personnel, in the process of implementing the cadre work process.

Responsibilities for anti-corruption and anti-misconduct of Party committees and organizations in Vietnam

The responsibilities for controlling power and preventing and combating corruption and misconduct in the cadre work of the Party committees, party organizations, and leadership collectives are prescribed as follows:

- Lead and direct the strict observance of principles, regulations, processes, regulations, and decisions on personnel work; regularly inspect and supervise consulting agencies, subordinate agencies, officials, and civil servants under their management;

Correct, promptly, and strictly handle violations; grasp the situation and public opinion of cadres, party members, and the People, promptly consider and solve them, contributing to improving the efficiency of cadres' work.

- Review, amend, and promulgate according to its competence regulations, processes, regulations, and decisions on personnel work, ensuring the guidelines and principles of the Party, especially the principle of democratic centralism, are close to the reality of the locality and units; clearly define collective and individual responsibilities in each stage of cadre work, ensuring objectivity, publicity, and transparency.

- Timely protect and reward individuals who detect, report, and denounce violations in cadre work. Strictly handle those who take advantage of this Regulation to denounce and spread false information in order to discredit others.

- Change the working position, geographical area, and field for officials to advise, monitor, and take charge of the work of cadres who violate discipline, have bad public opinion, or when necessary.

- Do not arrange for people with family relations who concurrently hold relevant positions, including:

+ Members of the same standing committee of the Party committee, the party's cadre committee, the party union; leaders of agencies and units.

+ The head and deputy head of the head are in the same locality, agency, or unit.

+ Heads of party committees or heads of administrative agencies and heads of agencies: Home Affairs, inspectors, finance, banking, taxation, customs, industry and trade, investment plans, natural resources and environment, army, police, courts, and procuracies at the central level or at the same level in a locality.

In the event that there is no personnel plan that meets the requirements, personnel who have a highly trusted family relationship must report and obtain the approval of the immediate superior committee before being arranged.

For positions in the category of Party committees or organizations under the management of the Central Government, they must report to the Central Organization Committee; titles under the central management must report to the Central Organization Board for reporting to the competent authorities.

(Article 6 of Regulation 114-QD/TW in 2023)

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