Thông tư 11/2011/TT-TTCP

CIRCULAR

PROVIDING CRITERIA FOR JUDGMENT OF THE SITUATION OF CORRUPTION AND EVALUATION OF ANTI-CORRUPTION WORK

Pursuant to the Law Against Corruption;

Pursuant to the Government's Decree No. 65/2008/ND-CP of May 20, 2008, defining the functions, tasks, powers and organizational structure of the Government Inspectorate;

Pursuant to the national strategy against corruption toward 2020, promulgated together with the Government's Resolution No. 12/NQ-CP of May 12, 2009;

The Government Inspectorate provides criteria for judgment of the situation of corruption and evaluation of anti-corruption work as follows:

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides the principles and criteria for the judgment of the situation of corruption and evaluation of anti-corruption work nationwide and responsibilities of ministries, sectors, localities, agencies, organizations and units involved in this work.

Article 2. Subjects of application

This Circular applies to ministries, ministerial-level agencies, government-attached agencies, People's Committees of provinces and centrally run cities and other agencies, organizations, units and persons in the organization of anti-corruption work, judgment of the situation of corruption and evaluation of anti-corruption work.

Article 3. Principles of judgment of the situation of corruption and evaluation of anti-corruption work

1. Assurance of the objectivity, honesty and publicity in the judgment of the situation of corruption and evaluation of anti-corruption work.

2. Thorough understanding of the Party's guidelines and line and the State's policies and laws on the prevention and combat of corruption.

3. Results of judgment and evaluation by domestic socio-political organizations and communication agencies and international organizations of the situation of corruption and anti-corruption work of Vietnam and its economic, political and social stability and deve­lopment serve as important bases for reference and judgment of the situation of corruption and evaluation of anti-corruption work.

Chapter 2

JUDGMENT OF THE SITUATION OF CORRUPTION

Article 4. Measurement and forecast of the situation of corruption

The situation of corruption shall be measured and forecast based on the scale and nature of corruption.

1. The scale of corruption is reflected through the following factors:

a/ Prevalence of groups of acts of corruption in various areas of state management;

b/ Damage caused by acts of corruption to the State, enterprises and people.

2. The nature of corruption is reflected through the following factors:

a/ Seriousness of acts of corruption;

b/ Corruption structure according to groups of acts of corruption;

c/ Organization of the commission of acts of corruption;

d/ Connection between acts of corruption and other illegal acts.

Article 5. Criteria for judgment of the situation of corruption

1. Criteria for measuring the scale of corruption:

a/ Awareness of the public about the prevalence of acts of corruption;

b/ Awareness of cadres and civil servants about losses caused by corruption to the state budget;

c/ Informal expenses of enterprises in transactions with state agencies;

d/ Informal expenses of people in transactions with state agencies.

2. Criteria for measuring the nature of corruption

a/ Rate of correlation among different crimes of corruption;

b/ Rates of serious, very serious and particularly serious crimes of corruption;

c/ Rates of criminal cases of corruption already instituted, prosecuted and tried;

d/ Rates of correlation between numbers of crimes of corruption and numbers of criminal cases of corruption;

e/ Rate of criminal cases of corruption involving foreign elements;

f/ Rates of criminal cases of corruption related to other crimes.

Article 6. Methods of judging the situation of corruption

1. Collecting baseline information according to criteria for judging the situation of corruption.

2. Determining a formula for calculating general indexes for measuring the current situation of corruption based on comparison between years and material data of each component criterion.

3. Collecting information and data in the year of judgment to determine general indexes for measuring the year's situation of corruption. General indexes serve as major tools for judging the situation of corruption.

4. Methods of measuring indexes of the current situation of corruption and specific examples are provided in an appendix to this Circular (not printed herein).

Article 7. Responsibility for collecting and processing information to serve the judgment of the situation of corruption nationwide

1. The Government Inspectorate shall assume the prime responsibility for, and coordinate with ministries, sectors and localities and related agencies in, collecting information and data to serve the annual judgment of the situation of corruption.

2. The Government Inspectorate shall assume the prime responsibility for, and coordinate with competent agencies in, analyzing information and data before proposing to the Government the contents of annual judgment of the situation of corruption, and publicize the Government's annual judgment of the situation of corruption.

Chapter 3

EVALUATION OF ANTI-CORRUPTION WORK

Article 8. Evaluation of anti-corruption work

Anti-corruption work shall be evaluated based on anti-corruption efforts, results of detection and handling of cases of corruption and impacts of anti-corruption work on the people's confidence and the situation of corruption.

Article 9. Criteria for evaluation of anti-corruption efforts

1. Criteria for evaluating the level of completion of anti-corruption policies and laws.

a/ Sub-law documents promulgated in accordance with the Law Against Corruption;

b/ Documents promulgated, revised and supplemented in line with the plan for implementation of the national strategy against corruption toward 2020 and the plan for implementation of the United Nations Convention Against Corruption;

c/ Criminalized acts of corruption and anti-corruption measures already introduced according to the requirements of the implementation of the United Nations Convention Against Corruption.

2. Criteria regarding the level of qualification of the anti-corruption steering apparatus and specialized agencies:

a/ Specialized anti-corruption agencies and units established in accordance with law;

b/ Leading officials and professional officers in specialized anti-corruption agencies and units arranged according to staffing plans, meeting the requirements on the structure of professional titles and standards.

c/ Officers of specialized anti-corruption agencies and units who have been trained in necessary anti-corruption skills according to approved plans.

3. Criteria regarding the level of participation of the society in anti-corruption work:

a/ Socio-political organizations, socio-professional organizations, business associations, commodity line associations and communication agencies involved in anti-corruption activities;

b/ Level of accessibility of the people to information on cases of corruption and anti-corruption work;

c/ Rate of individuals commended and rewarded for achievements in detecting acts of corruption.

Article 10. Criteria for evaluation of results of detection and handling of corruption

1. Criteria for evaluation of results of detection of corruption:

a/ Rate of cases of corruption detected through internal self-examination;

b/ Rate of cases of corruption detected through inspection;

c/ Rate of cases of corruption detected through examination;

d/ Rate of cases of corruption detected through supervision;

e/ Rate of cases of corruption detected through audit;

f/ Rate of cases of corruption detected through settlement of denunciations;

g/ Rate of cases of corruption detected through investigation, prosecution and adjudication activities.

2. Criteria for evaluation of results of handling of corruption:

a/ Rate of corrupt persons criminally handled;

b/ Rate of corrupt persons administratively handled;

c/ Rate of recovery of money and property through inspection;

d/ Rate of recovery of money and property through audit;

e/ Rate of recovery of money and property in criminal cases of corruption.

Article 11. Criteria for evaluation of impacts of anti-corruption work on the people's confidence and the situation of corruption

a/ Level of satisfaction of people, enterprises, cadres and civil servants with the effectiveness of anti-corruption work;

b/ Level of confidence of people, enterprises, cadres and civil servants in the realization of the objective of corruption prevention and mitigation.

c/ Level of change of the situation of corruption

Article 12. Methods of evaluating anti corruption work

1. Periodically collecting information and data according to evaluation criteria.

2. Summarizing, classifying and standardizing information and data.

3. Analyzing and evaluating progresses recorded in anti-corruption work through comparing indexes of the present and previous years and referring to relevant contents stated in Clause 3, Article 3 of this Circular.

Article 13. Responsibilities to collect and process information to serve the evaluation of anti-corruption work at national level

1. The Government Inspectorate shall assume the prime responsibility for, and coordinate with related ministries, sectors, localities and agencies in, collecting information and data to serve the annual evaluation of anti-corruption work.

2. The Government Inspectorate shall assume the prime responsibility for, and coordinate with competent agencies in, analyzing information and data and proposing to the Government the contents of annual evaluation of anti-corruption work, and publicize the Government's annual evaluation of anti-corruption work.

Chapter 4

ORGANIZATION OF IMPLEMENTATION

Article 14. Responsibilities of the Government Inspectorate

1. To formulate and implement detailed plans for judging the situation of corruption and evaluating anti-corruption work nationwide.

2. To assume the prime responsibility for, and coordinate with related ministries, sectors and agencies in, conducting sociological surveys and investigations and other research activities to collect information and data to serve the judgment of the situation of corruption and evaluation of anti-corruption work.

3. To build, manage and operate a system of information and data to serve the judgment of the situation of corruption and evaluation of anti-corruption work.

Article 15. Responsibilities of ministries, sectors and localities

Ministries, sectors and localities shall provide information to serve the judgment of the situation of corruption and evaluation of anti-corruption work; and coordinate with the Government Inspectorate in surveying, analyzing and judging the situation of corruption and evaluating anti-corruption work.

Article 16. Fund for the judgment of the situation of corruption and evaluation of anti-corruption work

The fund for the judgment of the situation of corruption and evaluation of anti-corruption work shall be allocated from the state budget and financial assistance sources in accordance with law.

Article 17. Effect

This Circular takes effect on January 1, 2012. Any problems arising in the course of implementation should be reported to the Government Inspectorate for guidance, amendment and supplementation as appropriate.-