Some new points on power control and anti-corruption and negativity in personnel work

Conference to disseminate and implement newly issued regulations of the Politburo and Secretariat on Party building and organization work on July 26. Source: VNA

The Regulation consists of 5 chapters and 16 articles, built on the basis of inheriting the relevant contents of Regulation 205-QD/TW (Regulation 205) dated September 23, 2019 on controlling power in personnel work and combating the abuse of power and positions, and has supplemented and amended a number of contents to suit requirements and be close to the practical situation.

Expanding the scope and audience

The scope of regulation in Regulation 114 is broader than that of previous Regulation 205. Specifically, it "regulates acts of corruption and negativity in personnel work; responsibility for controlling power and preventing and combating corruption and negativity in personnel work and handling violations".

The subject of application is added: "The subject of application is organizations and individuals with authority, responsibility and involvement in personnel work".

Regarding the explanation of terms, Regulation No. 114 adds an explanation of “power in personnel work” according to Regulation No. 80 of the Politburo on decentralization of personnel management and appointment and introduction of candidates for election. The regulation clearly states: “Power in personnel work is the authority of organizations and individuals in stages related to personnel work, including: recruitment, evaluation, vote of confidence, planning, training, fostering, selection, arrangement, assignment, appointment, reappointment, introduction of candidates, re-election, designation, transfer, rotation, secondment; conferment, promotion, demotion, stripping of military ranks; dismissal from office, resignation of National Assembly deputies, People's Council deputies; temporary suspension, suspension of office, resignation, dismissal, removal from office; commendation, discipline; inspection, supervision, settlement of complaints and denunciations; implementation of regimes and policies for cadres and internal political protection”.

Regarding corruption and negative behavior in personnel work, the regulation separates 1 chapter with 3 articles (Article 3, Article 4, Article 5) to explain and clarify corruption and negative behavior in personnel work.

The eight acts of taking advantage of and abusing positions and powers stated in Article 3 basically inherit a number of acts of covering up and assisting in seeking positions and powers in Regulation 205; at the same time, Regulation 114 adds a number of new acts.

These are acts: inserting personal intentions when performing stages in personnel work for the motive, purpose of profiteering or benefiting personnel in the process of performing personnel work. Directing and advising on stages in personnel work according to the provisions of Clause 1, Article 2 of this Regulation for personnel who do not meet the conditions and standards; not in accordance with principles, regulations, procedures, rules, decisions. When receiving petitions, letters of reflection, denunciation or knowing that personnel have corrupt or negative acts in personnel work but compromising, condoning, covering up, not handling according to authority, handling not in accordance with regulations or not reporting to competent authorities for handling.

Basically inheriting the behavior of seeking positions and power in Regulation 205, Regulation 114 adds behaviors of seeking positions and power such as: seeking age, seniority, emulation titles, rewards, degrees, assignment, appointment, nomination, designation, transfer, rotation, secondment, conferment, promotion... with the purpose of meeting the standards, conditions, obtaining positions and benefits.

Inheriting some relevant contents in Regulation 205, Regulation 114 adds some other negative behaviors such as: lack of responsibility or personal motives causing loss or damage to personnel records under the authority of handling; falsifying or distorting records and documents for consideration and implementation of regulations, procedures, rules and decisions on personnel work; reporting, preparing records, declaring party member and cadre records, especially personal and family history incompletely and dishonestly; directly, through others, taking advantage of mass media and social networks to provide untrue information, distort, incite, cause internal disunity, negatively affect personnel work...

Comrade Nguyen Hong Son, Standing Committee member, Head of the Organization Committee of Hai Duong Provincial Party Committee chaired the meeting to deploy tasks for the last 6 months of the year of the provincial Party building organization sector (documentary photo)

Strengthening prevention of violations

Regarding the responsibilities of Party committees, Party organizations, local leadership collectives, agencies and units, Regulation 114 has been supplemented and amended in the direction of strengthening prevention and control of the abuse of power in personnel work...

Measures to prevent the abuse of power in personnel work are specifically stated as follows:

Transferring work positions, locations, and fields for staff, monitors, and officers in charge of personnel work who violate discipline, have negative public opinion, or when necessary.

Do not assign family members to hold related positions at the same time, including:

Members of the same standing committee of the Party Committee, Party Executive Committee, Party Delegation; collective leadership of the agency or unit.

The head and deputy head of the same locality, agency, unit; the head of the Party Committee or the head of the administrative agency and the heads of the agencies: internal affairs, inspection, finance, banking, tax, customs, industry and trade, investment planning, natural resources and environment, military, police, court, procuracy at the Central level or at the same level in a locality.

In case there is no personnel plan that meets the requirements and the personnel is a highly trusted family member, it must be reported to and approved by the immediate superior Party Committee before being arranged.

Regulation No. 114 also inherits and supplements some new contents on the responsibilities of members of Party committees, Party organizations, and leadership groups. Specifically, the regulations are: "Voluntarily report to the Party committee, Party organization, and leadership group of which you are a member when considering personnel who are family members"; "Resolutely fight against manifestations and actions that violate the regulations of the Party and State in personnel work".

Promote the role and responsibility of setting an example for leaders

For heads of Party committees and organizations, Regulation 114 is supplemented and amended to promote the role and responsibility of setting an example.

Accordingly, the head of the Party Committee and Party organization must direct the strict implementation of principles, regulations, processes, rules, and decisions on personnel work, ensuring the principles of democratic centralism, impartiality, objectivity, openness, and transparency in personnel work. Strictly implement Clause 5, Article 6 of this Regulation. Direct the inspection and supervision of Party Committees, Party organizations, agencies, and subordinate units in the strict implementation of the Party's regulations on personnel work.

Be exemplary in considering and arranging people with family or acquaintance relationships to hold positions as heads of agencies and affiliated units; and to hold other leadership and management positions.

Ensure requirements, standards, structures, conditions, introduction, evaluation and personnel records procedures. Conclude and report to competent authorities fully, accurately, honestly and objectively the content of the discussion, especially issues with different opinions; be responsible for your conclusions when chairing conferences on personnel work.

When a leader announces retirement, announces leave pending retirement, transfers, or is under disciplinary review, inspection, or examination when there are signs of violations, or when a complaint is being resolved, he/she must report to and obtain the approval of the standing committee of the immediate superior Party Committee (or the immediate superior Party Committee for Party organizations without a standing committee) before implementing the personnel work process. For leaders who are cadres under the Central management, they must report to the Central Organization Committee.

Regarding the responsibilities of staff officers, the Regulation omits some prohibited contents stated in Regulation 205, and at the same time adds some responsibilities such as: Not advising or proposing staff arrangements that violate Clause 5, Article 6 of this Regulation; being responsible for their proposals and timely, complete and accurate appraisal of personnel records.

Strictly handle violations

Regarding handling corruption and negative behavior in personnel work, Regulation No. 114 updates handling measures in line with Regulation No. 80 of the Politburo on decentralization of personnel management and appointment, introduction of candidates and Regulation No. 41-QD/TW on dismissal and resignation of officials.

Specifically: Those who are reprimanded will be considered for personnel planning after at least 12 months from the effective date of the reprimand decision. They will not be assigned to do staff work, professional work on organization, personnel, inspection, or auditing.

If warned, the person will be considered for dismissal. After at least 30 months from the effective date of the dismissal decision, the person will be considered for personnel planning. The person will not be assigned to do advisory work, professional work on organization, personnel, inspection, or auditing.

Those who are dismissed from office will be considered for personnel planning after at least 60 months from the effective date of the dismissal decision. They will not be assigned to do staff work, professional work on organization, personnel, inspection, or auditing.

If expelled from the Party, the competent authority should consider forcing the employee to quit his job or terminate the labor contract.

For acts of corruption and negativity in personnel work that are concluded to be violations, the records will be transferred to the competent authorities for consideration and handling according to regulations...

MAI DUC CHINH

(Member of the Party Central Committee, Permanent Deputy Head of the Central Organizing Committee)