Quyết định 31/2012/QD-TTg

DECISION

PROMULGATING THE REGULATION ON COORDINATION IN THE IMPLEMENTATION OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION

Pursuant to the Law on Organization of the Government, of December 25, 2011;

Pursuant to the Anti-Corruption Law, of November 29, 2005;

Pursuant to the Law on Conclusion, Accession to and Implementation of Treaties, of June 14, 2005;

Pursuant to the Law on Mutual Legal Assistance, of November 21, 2005;

Pursuant to the Decision No. 950/2009/QD-CTN of June 30, 2009, of the President on ratifying the United Nations Convention against Corruption;

Pursuant to the Decision No. 445/QD-TTg, of April 07, 2010 of the Prime Minister on approving Plan on implementation of United Nations Convention against Corruption;

At the proposal of the Inspector General of the Government;

The Prime Minister promulgates the Decision on promulgation of the Regulation on coordination in the implementation of the United Nations Convention against Corruption,

Article 1. To promulgate together with this Decision the Regulation on coordination in the implementation of the United Nations Convention against Corruption.

Article 2. This Decision takes effect on September 15, 2012.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, the Chief of the Office of the Central Steering Committee of Corruption Prevention and Fighting, chairpersons of provincial-level People's Committees and related agencies and organizations shall implement this Decision.

REGULATION

ON COORDINATION IN THE IMPLEMENTATION OF THE UNITED NATIONS CONVENTION AGAINST CORRUPTION
(Promulgated together with the Decision No. 31/2012/QD-TTg of July 26, 2012, of the Prime Minister)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Regulation stipulates the coordination principles, contents, methods and responsibilities of agencies and organizations in the implementation of the United Nations Convention against Corruption (hereinafter referred to as the Convention).

Article 2. Subjects of application

This Regulation applies to ministries, ministerial-level agencies, government-attached agencies, provincial-level People's Committees and agencies and organizations with functions, tasks and powers in the implementation of the Convention.

Article 3. Principles of coordination

1. To prioritize the application of treaties to which Vietnam is a member; to abide by Vietnamese laws and on the basis of functions, tasks and powers prescribed by law.

2. To closely follow behind the objectives, requirements, contents and roadmap of implementation of the Convention under the direction of competent agencies and organizations.

3. To ensure timeliness, synchronism and efficiency; to clearly define the responsibility of every agency or organization in assuming the prime responsibility for, and coordinating in, the implementation of the Convention; to avoid overlapping or incompletely performing obligations and responsibilities of agencies and organizations in the course of coordination.

4. Positively reporting and propo­sing to the Prime Minister for settlement any problems arising in the course of coordination.

Article 4. Content of Coordination

1. Propagation and dissemination of the Convention.

2. Reviewing and completing law aiming to implement the Convention.

3. Mutual legal assistance in the Convention framework.

4. Exchange of information relating to the Convention.

5. Technical assistance for the Convention implementation.

6. Participation in mechanisms of assessment of the Convention implementation.

7. Holding and participating in conferences on the Convention.

8. Carrying out of procedures for foreign affairs related to the Convention.

Chapter II

CONTENTS, METHODS OF, AND RESPONSIBILITY FOR COORDINATION IN THE IMPLEMENTATION OF THE CONVENTION

Article 5. Propagation and dissemination of the Convention

1. The contents of propagation and dissemination of the Convention include: the fundamentals of the Convention and resolutions of conferences of States Parties of Convention; provisions of Vietnamese law on anti-corruption and implementation of the Convention; responsibilities of agencies, organizations and units in implementation of the Convention; directions of competent agencies and organizations in the implementation of the Convention; situation and results of implementation of the Convention in Vietnam and international experiences in implementation of the Convention.

2. The Government Inspectorate shall assume the prime responsibility for, and coordinate with the Ministry of Justice and ministries, sectors and localities in, elaboration of schemes and plans for the propagation and dissemination of the Convention in nationwide; guide, inspect and urge ministries, sectors and localities in the propagation and dissemination of the Convention; summarize the situation and results of propagation and dissemination of the Convention in nationwide in order to report to the Prime Minister.

3. Within the scope of their functions, tasks and powers, agencies, organizations and units shall annually elaborate and implement their plans to propagate and disseminate the Convention in conformable and effective forms to cadres, civil servants, public employees, pupils, students and citizens under their management.

Article 6. Reviewing and completing law aiming to implement of the Convention

1. To review and complete laws aiming to ensure compatibility between the law of Vietnam and the Convention with regard to the prevention, criminalization and law enforcement, international cooperation, asset recovery, technical assistance and exchange of information relating to the Convention.

2. Based on their functions, tasks and powers, agencies and organizations shall propose and conduct the review and completion of legal documents within their management scope according to annual law elaboration programs and plans approved by competent authorities.

3. The Ministry of Justice shall summarize law elaboration proposals of agencies and organizations into programs and plans and submit them to competent agencies for approval; assume the prime responsibility for, and coordinate with the Government Inspectorate in, guiding, inspecting, urging and reviewing the situation and results of the review and completion of legal documents of agencies, organizations in order to report to the Prime Minister.

Article 7. Legal assistance within the Convention framework

1. Legal assistance within the Convention framework shall be implemented in accordance with Vietnam's law and on the basis of treaties to which Vietnam is a member and the principle of reciprocity.

2. The Ministry of Justice shall assume the prime responsibility for:

a/ Receiving, forwarding, settling requests of the Convention’s States Parties for civil mutual legal assistance and the corruption asset recovery;

b/ Requesting the Convention’s States Parties to settle Vietnam's requests for civil mutual legal assistance and the corruption asset recovery;

c/ Proposing the conclusion, accession to and implementation of treaties on civil mutual legal assistance and the corruption asset recovery;

d/ Studying, proposing to the Prime Minister for elaboration and implementation of corruption asset recovery schemes.

e/ Coordinating with the Government Inspectorate and the Ministry of Foreign Affairs in receiving or exchanging information relating to civil mutual legal assistance and the corruption asset recovery.

3. The Ministry of Public Security shall assume the prime responsibility for:

a/ Receiving and transferring requests of the Convention’s States Parties for extradition and transfer of persons serving an imprisonment penalty; and implementing relevant rulings of competent courts;

b/ Requesting the Convention’s States Parties to settle Vietnam's requests for extradition and transfer of persons serving an imprisonment penalty;

c/ Proposing the conclusion, accession- to and implementation of treaties on extradition and transfer of persons serving an imprisonment penalty between the Convention’s States Parties;

d/ Studying and formulating technical schemes on special investigations and general investigation as provided by the Convention and submitting them to the Prime Minister for consideration and decision;

e/ Coordinating with the Government Inspectorate and the Ministry of Foreign Affairs in receiving and exchanging information on extradition and transfer of persons serving an imprisonment penalty and other information relating to crimes of corruption.

4. Requesting the Supreme People's Procuracy for assuming the prime responsibility for:

a/ Receiving, transferring or settling according to its competence requests of the Convention’s States Parties for criminal mutual legal assistance;

b/ Requesting the Convention’s States Parties to settle Vietnam's requests for criminal mutual legal assistance;

c/ Proposing the conclusion, accession to and implementation of treaties on criminal mutual legal assistance;

d/ Coordinating with the Government Inspectorate and the Ministry for Foreign Affairs in receiving and exchanging information on criminal mutual legal assistance.

5. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Ministry of Justice, the Ministry of Public Security and the Supreme People's Procuracy in, deciding on the application of the principle of reciprocity in implementation of mutual legal assistance, with the Convention’s States Parties which Vietnam has not yet concluded any mutual legal assistance agreements in terms of the above-mentioned contents.

Article 8. Exchange, management of information and data relating to the Convention

1. The Government Inspectorate acting as the national focal shall:

a/ Assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs in, supplying general information on the Convention implementation of Vietnam as required by the Convention;

b/ Receive and implement or transfer to Vietnamese agencies or organizations the information and cooperation suggestions related to Convention from foreign countries;

c/ Contact to the Secretariat of the Conference of the Convention’s States Parties and national focal bodies of other States Parties on contents related to Vietnam;

d/ Summarize and report to the Prime Minister the situation and results of implementation of the Convention and Vietnam's requests for technical assistance for the Convention implementation of Vietnam;

e/ Manage information and data related to Convention.

2. Ministries, ministerial-level agencies, Government-attached agencies, provincial-level People's Committees and relevant agencies and organizations shall summarize information and data on the Convention implementation and technical assistance demands for the Convention implementation in association with the implementation of legal provisions on exchange, management and use of information and data on anti-corruption, and report them to the Prime Minister via the Government Inspectorate.

Article 9. Technical assistance for the Convention implementation

The Government Inspectorate shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment to summarize the technical assistance demands for the Convention implementation; the receipt, management and use situation of technical assistance for the Convention implementation by ministries, sectors and localities, and report to the Prime Minister as provided by law.

Article 10. Participation in mechanisms for assessment of the Convention implementation

1. The contents of participation in mechanisms for assessment of the Convention implementation include: answering questions in the self-assessment checklist and finalizing the national assessment report on  the implementation of the Convention under resolutions on assessment mechanism of the Conference of the Convention’s States Parties; working with the Secretariat of the Conference of the Convention’s States Parties and international experts; organizing groups of Vietnamese experts participating in the assessment of the Convention implemen­tation of other States Parties.

2. The Government Inspectorate shall assume the prime responsibility for:

a/ Elaborating and coordinating with ministries, central committees and sectors in organizing the implementation of plans to assess the Convention implementation;

b/ Guiding and urging ministries and sectors to provide information serving the assessment process;

c/ Answering questions on technical assistance and preventive measures under the self-assessment checklist;

d/ Coordinating with related agencies and organizations in working with representatives of the Secretariat of the Conference of the States Parties and international expert groups;

e/ Summarizing information, finalizing the self-assessment checklist and national assessment report on the Convention implementation and submitting them to the Prime Minister for approval;

f/ Organizing activities of Vietnamese expert groups participating in the assessment of the Convention implementation of other States Parties.

3. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Supreme People's Procuracy, the Supreme People's Court and the Ministry of Public Security to answer questions on criminalization and asset recovery as provided in Chapter III and Chapter V of the Convention.

4. The Ministry of Public Security shall assume the prime responsibility for, and coordinate with the Supreme People's Procuracy, the Supreme People's Court and the Ministry of Justice to answer questions on law enforcement and international cooperation as provided in Chapter III and Chapter IV of the Convention.

5. Ministries, ministerial-level agencies, government-attached agencies, provincial-level People's Committees and relevant agencies and organizations shall coordinate in answering questions in the self-assessment checklist and implementing other activities within the framework of mechanisms for assessment of the Convention implementation.

Article 11. Organization of and participation in conferences on the Convention

1. Conferences on the Convention include the Conferences of the Convention’s States Parties and other conferences within the scope of the Convention under resolutions of the Conference of the Convention’s States Parties; international and national conferences outside the scope of the Convention but having content related to the Convention.

2. The Government Inspectorate shall report on, and propose to the Prime Minister the participation in the Conference of the Convention’s States Parties and the organization or being host of international and national conferences on the Convention; assume the prime responsibility for organizing inter-sectoral delegations participating in international conferences on corruption prevention, mechanisms for assessment of the Convention implementation, technical assistance and exchange of information on the Convention implementation; summarizing information on results of organization and participation in conferences on the Convention of ministries, sectors in order to report to the Prime Minister.

3. The Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Supreme People's Procuracy and the Supreme People's Court in, organizing inter-sectoral delegations to participate in international conferences on criminalization, corruption asset recovery and in civil mutual legal assistance.

4. The Ministry of Public Security shall assume the prime responsibility for organizing inter-sectoral delegations to participate in international conference on general investigations, special investigation techniques and extradition, transfer of persons serving an imprisonment penalty.

5. Requesting the Supreme People's Procuracy for assuming the prime responsibility for organizing inter-sectoral delegations to participate in international conferences on criminal mutual legal assistance.

6. Ministries and sectors may participate in international conferences outside the scope of the Convention but having content related to the Convention if they have the capacity as official members of forums or international organizations sponsoring such conferences.

7. Ministries and sectors assuming the prime responsibility for participation in international conferences on the Convention shall report to the Prime Minister and concurrently send to the Government Inspectorate on the results of their participation in the conferences within 10 days after the conclusion of such conferences.

Article 12. Implementation of procedures for foreign affairs related to the Convention

1. The procedures for foreign affairs related to the Convention implementation include notification of the interpretation and application of the Convention; notification on the withdrawal of reservations or withdrawal of reservation protests; notification on the acceptance of, or protest against, reservations of the Convention’s States Parties; notification of the termination of temporary application of the whole or part of the Convention; notification of the withdrawal from the Convention and other notifications expressing official viewpoints of Vietnam on matters related to the Convention and the organization of the Convention implementation.

2. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Government Inspectorate and relevant ministries and sectors in, conducting the procedures for foreign affairs related to Convention in accordance with Vietnam's law, treaties to which Vietnam is a member and international practices on the basis of the principles of reciprocity.

3. The Ministry of Foreign Affairs shall assign officers at the Vietnamese Representative Mission in Austria to monitor, transfer information and proposals for cooperation related to the Convention.

Chapter III

ORGANIZING IMPLEMENTATION OF THE REGULATION

Article 13. Coordination in the implementation of the Regulation

1. The Government Inspectorate shall assume the prime responsibility for guiding, monitoring, inspecting and urging activities in the implementation of this Regulation by ministries, sectors and localities; propose the performance of other arising tasks aiming to execute the Convention; and organize preliminary and final reviews of the Convention implementation in nationwide.

2. Ministries, Ministerial-level agencies, Government-attached agencies, provincial-level People's Committees and relevant agencies and organizations shall assign their standing units and officers to monitor and coordinate the Convention implementation within the scope of their respective ministries, sectors or localities.

Article 14. Responsibilities of heads of agencies, organizations in the implementation of the Regulation

1. Within the scope of their functions, tasks and powers, heads of agencies, organizations shall organize the implementation of this Regulation; and annually report on implementation results as prescribed by law.

2. The Inspector General of the Government shall assume the prime responsibility for, and coordinate with heads of relevant agencies, organizations in, submitting to the Prime Minister for consideration and decision on amendments and supplements to this Regulation in necessary case.

Article 15. Fund for implementation

The fund for implementation of this Regulation is allocated from the state budget and other lawful financial sources. The management and use of the fund for implementation must comply with current regulations on financial management. -