Nghị định 59/2013/ND-CP

Decree No.59/2013/NĐ-CP of June 17, 2013, elaborating some article of Anti-corruption Law

Decree No.59/2013/NĐ-CP elaborating some article of Anti-corruption Law đã được thay thế bởi Decree 59/2019/ND-CP Elaborating The Law on Anti-Corruption và được áp dụng kể từ ngày 15/08/2019.

Nội dung toàn văn Decree No.59/2013/NĐ-CP elaborating some article of Anti-corruption Law


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 59/2013/NĐ-CP

Hanoi, June 17, 2013

 

DECREE

ELABORATING SOME ARTICLE OF ANTI-CORRUPTION LAW

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to Anti-corruption Law No. 55/2005/QH11 amended in the Law No. 01/2007/QH12 and the Law No. 27/2012/QH13;

At the request of the Inspector-General;

The Government issues a Decree elaborating some Article of Anti-corruption Law,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree specifies some articles of Anti-corruption Law applicable to bribery, the openness and transparency of activities of agencies, organizations, and units (hereinafter referred to as organizations); the procedure and duration of suspension and temporary reassignment; the salaries, benefits, other entitlements and interests, the compensation, restoration of the lawful rights and interests of officials and civil servants (hereinafter referred to as officials) after competent authorities conclude they are not involved in corruption; the regime for information provision and reporting about anti-corruption; the regime for inspecting the adherence to the laws on anti-corruption; denunciation of corruption; the formulation and implementation of regimes, limits, standards, and other Regulation of Anti-corruption Law.

Article 2. Identification of corruption defined in Clauses 1, 2, 3, 4, 5, 6 and 7 Article 3 of Anti-corruption Law

Acts of corruption specified in Clauses 1, 2, 3, 4, 5, 6, 7 and 3 Article of Anti-corruption Law are identified in accordance with the Criminal Code 1999.

Article 3. Identification of acts of corruption defined in Clauses 9, 10, 11 and 12 Article 3 of Anti-corruption Law

The acts of corruption defined in Clauses 8, 9, 10, 11 and 12 Article 3 of Anti-corruption Law are identified as follows:

1. Giving bribes and brokering bribes committed by people in positions of powers to do self-seeking works of an organization, including:

a) Giving and brokering bribes to have benefits from preferential policies provided for the organization;

b) Giving and brokering bribes to be given priority in budget allocation;

c) Giving and brokering bribes to have projects given to the organization or have projects approved;

d) Giving and brokering bribes to be awarded honorary titles;

dd) Giving or brokering bribes to have targets of organization and personnel approved;

e) Giving or brokering bribes to dodge inspections, investigations, audits, or to falsify their audits;

g) Giving and brokering bribes to have other benefits provided for the organization.

2. Self-seeking abuse of power to illegally use state property for personal benefits, including:

a) Using state property for personal affairs;

b) Leasing or lending state property illegally;

c) Using state property against the limitations and standards.

3. Self-seeking harassment is authoritative and imperious acts that cause difficulties and annoyance when performing duties in order to force other organizations and individuals to pay unprescribed fees, or other acts for the benefits of the harassing person.

4. Self-seeking failure to perform duties is deliberate failure to perform assigned tasks or duties or failure to comply with the authority, order, procedure, and time limit related to their tasks and duties to serve their personal affairs.

5. Self-seeking abuse of powers to protect violators of laws to serve their personal affairs; obstruction and illegally intervening the inspection, investigation, audit, prosecution, and judgment implementation for self-seeking purposes, including:

a) Abuse of powers to conceal or alleviate violations committed by other people.

b) Abuse of powers to obstruct inspections, audits, investigations, prosecutions, adjudication, judgment implementation, or to their result.

Chapter 2.

OPENESS AND TRANSPERACY OF ACTIVITIES OF UNITS

SECTION 1. ASSURANCE OF OPENESS AND TRANSPERACY

Article 4. Assurance of openness and transparency of the promulgation of lists of state secrets made by competent authorities

1. The lists of state secrets promulgated by competent authorities according to the laws on state secrets must not include the information that must be disclosed according to Articles 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 26a, 26b, 26c, 26d, 27, 28, 29, 30 and 46a of Anti-corruption Law.

2. The Ministry of Public Security and competent authorities shall ensure the openness and transparency of Anti-corruption Law when compiling and promulgating lists of state secrets.

Article 5. Application of openness and transparency of activities of organizations

1. According to the contents, subjects and purposes of the information disclosure and purpose of information disclosure, the head of the organization shall select a method of disclosure according to Article 12 of Anti-corruption Law.

2. The head of the organization shall direct the disclosure and take responsibility for the violations against the laws on disclosure according to law.

3. Use the methods of disclosure required by law, if any.  Moreover, the head of the organization shall employ one of the methods of disclosure specified in Points b, c, d, dd, and e Clause 1 Article 12 of Anti-corruption Law.

SECTION 2. INFORMATION PROVISION AT THE REQUEST OF ORGANIZATIONS AND INDIVIDUALS

Article 6. Rights and obligations of organizations and individuals that request information provision

1. The organizations and individuals that request information provision are entitled to:

a) Request the provision of information about the operation of the organization according to Article 31 and Article 32 of Anti-corruption Law;

b) Receive the information requested or written refusal to provide information;

c) File complaints against the failure to provide information in accordance with law.

2. The organizations and individuals that request information provision are obliged to:

a) Make request for the provision of information in writing or data messages, specify the full name, address, and reasons for information provision;

b) Exercise the right to request information in accordance with Anti-corruption Law and this Decree;

c) Not take advantage of the right to request information to cause disorder or commit illegal acts that cause damage to other organizations and individuals;

d) Comply with lawful settlements of complaints against information provision.

Article 7. Rights and obligations of organizations and individuals requested to provide information  

1. The organizations and individuals that are requested to provide information (hereinafter referred to as information providers) are entitled to:

a) Know the reasons for information provision;

b) Refuse to provide information classified as state secret and other contents specified by the Government, the information that is already published on the media, the information not related to the operation of the information provider;

c) Request the information recipient to use such information legally and ensure the accuracy when using such information.

2. Information providers are obliged to:

a) Provide information in writing or data messages in accordance with the order, procedure, and time limit specified in Anti-corruption Law and this Decree;

b) Provide written responses and reasons for not providing information to the requesters;

c) Provide guidance to access the information requested if it is already published;

d) Comply with lawful settlements of complaints against information provision.

Article 8. Responsibility of the head of the organization for the provision of information on request

The head of the organization shall organize and direct the information provision; take responsibility for the violations against the law on obligations to provide information according to Anti-corruption Law, this Decree, and other laws.

Article 9. Methods of request for information

1. The request of information shall be made in writing or data messages.

2. Such documents or data messages shall be sent directly, by post, or via electronic transaction to the information provider.

Article 10. Complying with requests for information provision

Within 10 working days from the day on which the request for information provision is received, the information provider shall perform one of the following tasks:

1. Provide information if its contents satisfy the conditions below:

a) The information can be published according to Anti-corruption Law and this Decree;

b) The information is related to the information provider; 

c) The information has not been published.

2. Send written refusal to provide information for the requester if such information does not meet the conditions in Clause 1 of this Article and provide explanation.

3. If the information requested has been published, the written response must provide instruction to access information.

Article 11. Assurance of the rights to request information provision

1. Information requesters may file complaints when there are grounds for presuming that the information provision is insufficient or illegal.

2. The complaints and settlement of complaints shall comply with the laws on complaints.

Article 12. Penalizing violations against regulations on information provision request

1. The information provider that fails to fulfill the obligations to provide information according to Anti-corruption Law and this Decree shall be penalized depending on the nature and seriousness of the violations.

2. The people that abuse their rights to request information provision to cause trouble or illegally use the information provided to infringe the lawful rights and interests of other organizations and individuals shall be disciplined, carry administrative penalties, or face criminal prosecution according to law.

Chapter 3.

SUSPENDING AND REASSIGNING OFFICIALS THAT COMMIT VIOLATIONS AGAINST THE LAWS ON CORRUPTION

SECTION 1. AUTHORITY TO SUSPEND AND REASSIGN OFFICIALS

Article 13. Determination of authority to suspend and reassign officials

Heads of the organizations that are entitled to designate, recruit, and manage officials shall decide or request competent persons to decide to suspend or temporarily reassign the officials under their management until evidence specified in Article 16 of this Decree is provided.

If the authority to make decisions on suspension and temporary reassignment is specified in other laws or charters of political organizations or socio-political organizations, such laws or charters shall apply.

Article 14. Authority to make decisions on suspension and temporary reassignment in state agencies

1. The Presidents of the People’s Committees of communes, districts, and towns (hereinafter referred to as communes) shall decide or request competent persons to suspend or temporarily reassign officials under their management.

2. The Presidents of the People’s Committees of districts and provincial cities (hereinafter referred to as districts) shall decide the suspension of Presidents of the People’s Committees of communes, decide the suspension and temporary reassignment of the heads and deputies of departments of People’s Committees of districts, the officials they appointed and under their management.

3. Heads of departments of provincial People’s Committee shall decide the suspension and temporary reassignment of the heads and deputies of the units affiliated to them, and the officials that they appointed and are under their management.

4. Presidents of the provincial People’s Committees shall decide the suspension of Presidents and Deputy President of People’s Committees of districts, decide the suspension and temporary reassignment of the heads and deputies of departments of provincial People’s Committees, the officials that they appointed and are under their management.

5. Directors of Ministry Departments and the equivalent shall decide or request competent persons to decide the suspension and temporary reassignment of the heads and deputies of units affiliated to Ministry Departments and the equivalent, and the officials that they appoint and are under their management.

6. Ministries, Heads of ministerial agencies, Heads of Governmental agencies shall decide or request competent persons to decide the suspension and temporary reassignment of the heads and deputies of the units affiliated to Ministries, ministerial agencies, Governmental agencies, and the officials that they appointed and are under their management.

7. The Prime Minister shall decide the suspension of Presidents and Deputy President of provincial People’s Committees, request the National Assembly to approve the decision to suspend the Deputy Prime Ministers, Ministers, Heads of ministerial agencies, Heads of Governmental agencies; or, while the National Assembly is not convened, request the President to decide the suspension of the Deputy Prime Ministers, Ministers, Heads of ministerial agencies, Heads of Governmental agencies; decide the suspension and temporary reassignment of Deputy Ministers, equivalent positions, and officials appointed by the Prime Minister.

Article 15. Authority to make decisions on suspension and temporary reassignment state-owned enterprises and public service providers

1. Heads of competent authorities that manage public service providers and state-owned enterprise shall decide the suspension and temporary reassignment of the officials they appoint.

2. Heads of public service providers and state-owned enterprise shall decide the suspension and temporary reassignment of officials that they recruit, appoint, and are under their management.

SECTION 2. BASIS FOR SUSPENSION AND TEMPORARY REASSIGNMENT; RIGHTS AND OBLIGATIONS OR DECISION MAKERS, SUSPENDED AND REASSIGNED OFFICALS

Article 16. Basis for suspension and temporary reassignment

1. The suspension and temporary reassignment of officials shall be decided when there are grounds for presuming that they commit violations related to corruption and might obstruct the investigation if they keep working.

2. The grounds for presuming that an official commits violations related to corruption include:

a) A written request is made by the State Inspectorate, State Audit Agency, investigation agency, or the Procuracy;

b) Officials are found involved in corruption after investigation;

c) Officials are found involved in corruption after internal inspection;

d) Officials are found committing violations related to the management and use of state budget and property during the operation.

3. Officials are considered obstructing the investigation when they commit one of the following acts:

a) Refusing to provide information and documents, or the information and documents provided are insufficient or false;

b) Deliberately postponing or avoiding fulfilling the requirements of competent persons during the investigation into corruption;

c) Removing the seals of documents without permission, destroying documents, evidence, or information; hiding property related to the violations;

d) Abusing powers and influence of them or of other people to conceal the violations and obstruct the investigation.

Article 17. Rights and obligations of persons that decide the suspension and temporary reassignment

1. The person that decides the suspension and temporary reassignment of officials (hereinafter referred to as decision maker) is entitled to:

a) Request the State Inspectorate, State Audit Agency, investigation agency, and the Procuracy to provide information and documents to support the decision on suspension or temporary reassignment;

b) Request the suspended or reassigned official to cooperate in corruption investigation.

2. The decision maker is obliged to:

a) Send the decisions on suspension or temporary reassignment to the suspended or reassigned official and the organization to which the temporarily reassigned official is moved (hereinafter referred to as the new workplace).

b) Annul the decision on suspension or temporary reassignment after the competent authority concludes that the official not involved in corruption, or when the period of suspension or temporary assignment is over without proof of corruption.

c) Announce such annulment before all personnel of the organization;

d) Restore the lawful rights and interests of the official after the competent authority concludes that he or she is not involved in corruption, or when the period of suspension or temporary assignment is over without proof of corruption.

Article 18. Rights and obligations of suspended and reassigned officials

1. Article 18. Suspended or reassigned officials are entitled to:

a) Receive the decisions on suspension and temporary reassignment;

b) Be informed about conclusion of competent authorities about the corruption investigation.

c) Request the decision maker to reconsider the decision when there are grounds for presuming that it infringes their lawful rights and interests.

d) Request the decision maker to annul the decision on suspension or temporary reassignment after the competent authority concludes that they are not involved in corruption or the period of suspension or temporary assignment is over without proof of corruption.

c) Request competent persons to restore the lawful rights and interests and pay compensation for the damage cause by illegal acts when making the decision on suspension or temporary reassignment.

2. Suspended or reassigned officials are obliged to:

a) Comply with the decisions on suspension and temporary reassignment made by competent persons;

b) Provide information and documents; cooperate with competent authorities in corruption investigation;

c) Comply with the regulations of the new workplace during the reassignment period.

SECTION 3. PROCEDURE AND DURATION OF SUSPENSION AND TEMPORARY REASSIGNMENT; ANNULMENT AND ANNOUNCEMENT OF THE ANNULMENT OF DECISIONS ON SUSPENSION AND TEMPORARY REASSIGNMENT

Article 19. Making the decision on suspension or temporary reassignment

1. Within 05 working days from the day the evidence in Article 16 of this Decree is provided, the head of the organization shall decide or request the HR manager to decide the suspension and temporary reassignment.

2. The suspension and temporary reassignment shall be decided by the head or the HR manager based on each task and the need for them in the organization.

3. The decision on suspension or temporary reassignment must specify the full name of the official, the duration of suspension or temporary reassignment; the reasons for suspension or temporary reassignment; rights and obligations of the suspended or reassigned official; and the effect.

4. The decision on suspension or temporary reassignment must be signed and sealed by the organization.  When an official is temporarily reassigned, this decision shall be sent to the head of the new workplace.

5. If the procedure for suspension or temporary reassignment is defined differently in other laws, such laws shall apply.

Article 20. Duration of suspension or temporary reassignment

The maximum duration of suspension or temporary reassignment is 90 days from the day on which the decision on suspension or temporary reassignment is made.

Article 21. Annulling the decision on suspension or temporary reassignment

1. Within 05 days from the day the competent authority concludes that the official is not involved in corruption, or from the end of the suspension or temporary reassignment period after which corruption is not proved, the decision on suspension or temporary reassignment must be annulled.

2. The decision to cancel the suspension or temporary reassignment shall be sent to the suspended or reassigned official, the new workplace, and the organization or individual that requests the suspension or temporary reassignment.

Article 22. Announcing the decision to cancel the suspension or temporary reassignment

The person that makes the decision to cancel the suspension or temporary reassignment shall announce it before all personnel in one of the following manners:

1. Announcing it in a meeting of the organization where the suspended or reassigned official works; this meeting shall be attended by: the person that decides the cancellation; the suspended or reassigned official; the new workplace, the organization or individual that request the suspension or temporary reassignment, and the personnel of the organization where the official works.

2. Posting it at the organization where the suspended or reassigned official works for 15 consecutive days;

3. Announce it on the media, including: the radio, television, newspapers, and online news. The person that decides the cancellation of the suspension or temporary reassignment may choose one of the media above to make the announcement; if the organization has a website, this decision must be posted on that website.

Article 23. Procedure and time limit for making the decision on suspension or temporary reassignment of officials that are members of political organizations or socio-political organizations

The procedure and time limit for making the decision on suspension or temporary reassignment of officials that are members of political organizations or socio-political organizations shall comply with Anti-corruption Law, this Decree, and the charters of those organizations.

SECTION 4. POLICIES, COMPENSATION, RESTORATION OF THE LAWFUL RIGHTS AND INTERESTS OF SUSPENDED OFFICALS

Article 24. Policies during the suspension or temporary reassignment 

Suspended officials shall have their lawful rights and interests retained during the suspension or temporary reassignment.

Article 25. Restoration of the lawful rights and interests of those persons after the competent authority concludes that they are not involved in corruption or the period of suspension or temporary assignment is over without proof of corruption

Suspended and reassigned officials shall return to their original positions after competent authorities conclude that they are not involved in corruption, be offer apologies openly, and receive compensation for the damaged caused by illegal acts when making decisions on suspension or temporary reassignment in accordance with law.

Chapter 4.

ANTI-CORRUPTION INFORMATION AND REPORTING REGIME

SECTION 1. ANTI-CORRUPTION INFORMATION AND REPORTING REGIME

Article 26. Responsibility to report of Ministries, ministerial agencies, Governmental agencies, and provincial People’s Committees

1. Ministries, ministerial agencies, Governmental agencies, provincial People’s Committees (hereinafter referred to as the Ministries, agencies and local governments) shall report their anti-corruption works to the Government. Those reports shall be sent to Government Inspectorate to formulate and maintain the anti-corruption information system.

2. Government Inspectorate shall assist the Government in making annual reports on anti-corruption nationwide.

Article 27. Contents of reports sent to the Government

The Ministries, agencies and local governments shall report the following contents to the Government:

1. The legislative documents and other documents related to anti-corruption they promulgated;

2. The developments of corruptions, causes, results of their anti-corruption works.

Article 28. Contents of reports sent by the Government to the National Assembly and Standing Committee of the National Assembly

Reports sent by the Government to the National Assembly and Standing Committee of the National Assembly shall contain:

1. The developments of corruptions, results of their anti-corruption works nationwide;

2. Assessment, reasons, and forecast about corruption, suggested policies and solutions for fighting corruption.

Article 29. Manners of informing and reporting

Information and reports shall be made in one of the following manners:

1. Administrative documents;

2. Data messages

Article 30. Reporting time

1. Ministries, agencies and local governments shall send reports every three months and six months according to Clause 1 Article 26 of this Decree.

2. The Government shall send reports to the National Assembly and Standing Committee of the National Assembly according to Article 28 of this Decree every six months and every year.

3. The Government shall send unscheduled reports to Standing Committee of the National Assembly at its request.

Article 31. Provision of information about anti-corruption for the Ministries, agencies and local governments

1. The Ministries, agencies and local governments shall request Government Inspectorate to provide information serving anti-corruption works where necessary.

2. Government Inspectorate shall provide information within 10 days from the day on which the request is received. If the information requested is complicated and related to multiple sectors, the deadline may be extended but the extension must not exceed 20 days; the failure to provide information must be notified and explained in writing.

3. The information between Government Inspectorate and the Ministries, agencies and local governments shall be exchanged in the manners specified in Article 29 of this Decree.

Article 32. Responsibility of Ministers, Heads of ministerial agencies, Heads of Governmental agencies, and Presidents of the provincial People’s Committees

1. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the provincial-level People’s Committees shall direct, supervise, and inspect the compliance with the regime for information exchange and reporting anti-corruption works under their management.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the provincial-level People’s Committees are responsible for the information reported and the obligation to report and provide information.

Article 33. Provision of information about anti-corruption for the Ministries, agencies and local governments

1. Based on this Decree, Ministries, agencies and local governments shall elaborate the regime for reporting and information provision.

2. Government Inspectorate shall instruct the Ministries, agencies and local governments to comply with the regime for reporting and information provision in this Decree.

SECTION 2. INFORMATION EXCHANGE BETWEEN GOVERNMENT INSPECTORATE AND THE MINISTRY OF PUBLIC SECURITY, THE SUPREME PEOPLE’S PROCURACY, THE SUPREME PEOPLE’S COURT, STATE AUDIT AGENCY, AND OTHER ORGANIZATION.

Article 34. Information exchange between government inspectorate and the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court, State Audit Agency

1. Government Inspectorate shall cooperate with the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court, and State audit in periodically exchanging information, documents, and experience of fighting corruption in inspection, investigation, prosecution, adjudication, and audit. 

2. The exchange of information and documents about anti-corruption works Government Inspectorate and the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court, State Audit Agency must be responsive and accurate.

3. Government Inspectorate shall cooperate with the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court, and State audit in promulgating Joint Circulars on exchange of information and documents between Government Inspectorate and the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court, and State Audit Agency.

Article 35. Exchange of information about anti-corruption between Government Inspectorate and other organizations

1. Government Inspectorate shall cooperate with Vietnamese Fatherland Front and its member organizations, Vietnam Chamber of Commerce and Industry, associations of enterprises, professional associations, and press agencies in exchanging information and documents about anti-corruption.

2. The exchange of information and documents mentioned in Clause 1 of this Article must be responsive and accurate.

Article 36. Exchange of information about local anti-corruption works

Based on the Joint Circular in Clause 3 Article 34 of this Decree, Provincial People’s Committees shall cooperate with the People’s Procuracies and People’s Courts at the same level, provincial Vietnamese Fatherland Front, associations of enterprises, professional associations, and local press agencies in exchanging and providing information and documents about local anti-corruption works.

Article 37. Publication of annual reports on anti-corruption

1. Annual reports on anti-corruption of People’s Committees must be published by Presidents of the People’s Committees on the last working day of March at the latest.

2. Annual reports on anti-corruption of People’s Committees must be published by Presidents of the People’s Committees on the last working day of March at the latest.

3. Annual reports on anti-corruption of the Government must be published by the Prime Minister on the last working day of April at the latest.

SECTION 3. ANTI-CORRUPTION DATA SYSTEM

Article 38. Anti-corruption data system

1. The anti-corruption data system is a collection of information, data and reports that are related to anti-corruption works

2. Information, data, and reports in the system must be collected and processed responsively, accurately, and scientifically to serve the examination, assessment, and forecast about corruption; complete polices and laws on anti-corruption; contribute to the effectiveness of corruption fighting.

Article 39. Developing and managing the anti-corruption data system

1. The development and management of anti-corruption data system in includes:

a) Receiving, summarizing, processing, and storing information, data and reports on anti-corruption;

b) Ensuring the continuing exchange and provision of information and documents among agencies in charge of fighting corruption;

c) Summarizing, assessing, and forecasting corruption.

2. Government Inspectorate shall develop and manage the anti-corruption data system.

Chapter 5.

INSPECTION OF COMPLIANCE WITH LAWS ON ANTI-CORRUPTION

SECTION 1. INTERNAL INSPECTION

Article 40. Inspection contents

Internal inspections shall be carried out regularly by the organization to assess and take measures for ensuring compliance with the laws on anti-corruption of the organizations and individuals under its management.

Article 41. Basis for inspection

The inspection shall be carried out when:

1. The annual inspection plan is approved by a competent organization;

2. There are signs of violations against the laws on anti-corruption.

Article 42. Procedure for inspection

1. In one of the events mentioned in Article 41 of this Decree, the head of the competent organization shall make a decision to inspect and send it to the inspected organization or individual.

2. The decision to inspect shall contain:

a) The basis for inspection;

b) Full name, position, and workplace of the chief inspectors and members of the inspectorate;

c) Inspection contents;

d) Time of inspection.

3. The decision to inspect must be announce within 05 days from its date of issue. The announcement decision to inspect shall be made at the workplace of the inspected individual, and shall be made in writing.

4. The inspection duration is 10 days from the day on which the decision to inspect is announced. If the inspection involves multiple subjects and a wide range of area, or is complicated, the inspection duration may be extended but shall not exceed 15 days from the day on which the decision to inspect is announced.

5. Within 10 days from the end of the inspection, after examining the inspection result report made by the chief inspector or inspectors and explanation of the inspected organization or individual, the person that makes the decision to inspect shall draw a conclusion.

6. The conclusion shall contain:

a) The conclusion about the compliance of the inspected organization or individual with Anti-corruption Law, its guiding documents, and relevant laws on anti-corruption;

b) The conclusion about the responsibility of the inspected organization or individual, which specify the responsibility of the head of the inspected organization or individual;

c) Measures to be taken by the inspected organization or individual for ensuring the compliance with Anti-corruption Law, its guiding documents, and relevant laws on anti-corruption;

d) Penalties for violations (if any).

7. The conclusion shall be sent to the inspected organization or individual and publicly posted at the office of the inspecting agency and the inspected organization or the workplace of the inspected individual.

Article 43. Responsibility of inspected organization or individual

The inspected organization or individual is obliged to:

1. Comply with the decision to inspect;

2. Cooperate, provide adequate and accurate information and documents at the request of the inspector;

3. Comply with the request, decision, and conclusion of the inspector.

SECTION 2. EXTERNAL INSPECTION

Article 44. Inspection contents

1. Consider and assess the compliance with laws on anti-corruption of organizations, including:

a) The openness and transparency of activities of organizations;

b) The formulation and implementation of policies, limits, and standards;

c) Code of conduct, the rules professional ethics, and reassignments of officials;

d) The openness of property and incomes;

dd) Other laws on anti-corruption.

2. Examination and conclusion of the head of the organization about the compliance with laws on anti-corruption of organizations.

Article 45. Basis for inspection

The inspection shall be carried out when:

1. The annual inspection plan is approved by the head of a managing authority at the same level;

2. It is requested by the head of a managing authority at the same level;

3. There are signs of violations against the laws on anti-corruption.

4. It is necessary for settling denunciations of corruption.

Article 46. Authority to inspect

1. Government Inspectorate shall inspect the compliance with the laws on anti-corruption of Ministries, ministerial agencies, Governmental agencies, provincial People’s Committees, and state-owned enterprises of which the establishment is decided by the Prime Minister.

2. Inspectorates of Ministries and ministerial agencies (hereinafter referred to as ministerial inspectorates) shall inspect the compliance with the laws on anti-corruption of the organizations and individuals under the management of Ministries and the state-owned enterprises of which the establishment is decided by Ministers.

3. Inspectorates of central-affiliated cities and provinces (hereinafter referred to as provincial inspectorates) shall inspect the compliance with the laws on anti-corruption departments of provincial People’s Committees, district-level People’s Committee, and state-owned enterprises of which the establishment is decided by Presidents of the provincial-level People’s Committees.

4. Inspectorates of departments of provincial People’s Committees shall inspect the compliance with the laws on anti-corruption of the organizations and individuals under the management of such departments.

5. Inspectorates of districts and cities affiliated to provinces (hereinafter referred to as inspectorates of districts) shall inspect the compliance with the laws on anti-corruption departments of People’s Committees of districts and communes.

6. Inspector-General shall instruct State Inspectorates in inspecting the compliance with the laws on anti-corruption.

Article 47. Responsibility of managing authorities for inspecting the compliance with the laws on anti-corruption

Heads of managing authorities shall:

1. Approve inspection plans made by State Inspectorates at the same levels;

2. Provide funding and human resources for inspecting authorities at the same level to carry out inspections;

3. Request organizations to adopt the suggestions offered by State Inspectorates concerning the compliance with the laws on anti-corruption.

4. Take responsibility before the law for the violations against the regulations on inspection.

Article 48. Making annual inspection plans

1. Every year, Government Inspectorate shall instruct the Ministries, agencies and local governments to make plans for inspecting the compliance with laws on anti-corruption.

2. State Inspectorates shall assists heads of managing authorities at the same level to draft annual inspection plans.

3. Heads of managing authorities shall approve annual inspection plans within the time limits in the laws on inspections.

Article 49. Tasks and powers of the person that make decisions on inspections, the chief inspector, and inspectors; procedure for inspection

1. Tasks and powers of the person that make decisions on inspections, the chief inspector, and inspectors shall comply with the laws on inspection.

2. The procedure and deadline for inspection shall comply with the laws on inspection.

Article 50. Inspection conclusion

1. The conclusion shall contain:

a) Conclusion about the inspection;

b) Conclusion about the responsibility of the head of the inspected organization for the assurance of compliance with laws on anti-corruption of organizations;

c) Suggested measures for eliminating the errors compliance with the laws on anti-corruption.

d) Suggested penalties for the violations against the laws on anti-corruption according to Clause 1 Article 44 of this Decree.

2. The violations suspected of crimes shall be transferred to the Procuracy to serve the criminal prosecution.

Article 51. Rights and obligations of inspected organizations and individuals

Rights and obligations of inspected organizations and individuals shall comply with the laws on inspection.

Chapter 6.

DENOUNCING CORRUPTION

SECTION 1. AUTHORITY AND PROCEDURE FOR RECEIVING AND SETTLING DENUNCIATION OF CORRUPTION

Article 52. Establishment and announcement of methods of receiving denunciations

The police and State Inspectorates assigned to settle denunciations shall provide the phone numbers, email address, and addresses where denunciations of corruption are received.

Article 53. Responsibility to receive and settle denunciations of corruption

1. The responsibility to receive and settle denunciations of corruption shall comply with Denunciation Law, Anti-corruption Law, and this Decree.

2. Within 05 days from the day on which an denunciation is received, the police or State Inspectorates shall send the denunciation dossier to a competent agency or person, and send a written notification to the denouncer; settle the denunciation if it is within the area of competence and send written notifications to the accuser at their request.

Article 54. Methods of denouncing corruption

1. Citizens shall denounce corruption in one of the following manners:

a) Direct denunciation;

b) Written denunciation;

c) Denouncing by phone;

d) Denouncing via websites.

2. The denouncer shall specify the full name, address, denunciation, provide information and documents related to the denunciation.

3. The denunciations of corruption that are made under a false names, or the contents of which are not clear or groundless, the denunciations that are remade without new evidence shall not be processed.

Article 55. Methods of denouncing corruption

1. When a citizen makes a direct denunciation, the recipient shall record the denunciation contents, full name, address of the denouncer, and record the spoken denunciation if necessary. The denunciation record must be checked, confirm and signed by the denouncer. The date of denunciation is the day on which the denouncer signs the denunciation record.

2. Written denunciations:

a) If the written denunciation is sent by post, the denunciation date is the day on which the written denunciation is received;

b) If the denunciation is submitted directly, the recipient shall make a note of receipt. The denunciation date is the date written on the note of receipt.

3. After receiving a denunciation by phone or data messages, the recipient shall verify the full name and address of the denouncer and take measures for detecting and preventing corruption.

4. For the denunciations with unknown denouncers that are clear and provide concrete evidence and grounds for investigation, the information shall be examined to serve anti-corruption works.

Article 56. Procedure for processing denunciations of corruption

1. The procedure for receiving and settling denunciations of corruption shall comply with Accusation Law, Anti-corruption Law, and this Decree.

2. The conclusion about a denunciation shall be publicly announced, sent to the police department, to State Inspectorate at the same level, and to the denouncer at their request.

3. When a denunciation is proved untrue, the organization or individual assigned to settle denunciations shall announce it and question or request a competent agency or person to question the person that makes the false denunciation.

Article 57. Penalties for violations committed when receiving and settling denunciations

1. When a person assigned to receive denunciations refuses to receive denunciations, deliberately delay or refuses to send it to competent agencies or person, he or she shall be disciplined or face criminal prosecution, depending on the nature and

2. When a person assigned to settle denunciations refuses to settle denunciations shall be disciplined; a person that deliberately violates the regulations on denunciation and denunciation settlement of Anti-corruption Law, this Decree, and the laws on denunciations to serve personal motives shall be considered self-seeking according to Clause 11 Article 3 of Anti-corruption Law, be disciplined or face criminal prosecution according to law.

SECTION 2. PROTECTING AND COMMENDING DENOUNCERS

Article 58. Protecting denouncers

Competent organizations and individuals shall take measures for protecting denouncers The protection of denouncer shall comply with the laws on denunciations.

Article 59. Commendation for anti-corruption works

1. Organizations and individuals that have accomplishments such as preventing, discovering, or handling corruption shall receive commendation. The commendations comply with the laws on denunciations.

2. Anti-corruption commendation funds

a) The anti-corruption commendation fund shall be established to commend organizations and individuals that contribute to anti-corruption works.

b) The anti-corruption commendation fund shall be funded by the State budget, extracted from the property confiscated from corruption and contributions of other organizations and individuals.

c) The anti-corruption commendation funds shall be management and used by Government Inspectorate in accordance with the laws on the State budget.

Chapter 7.

FORMULATION AND IMPLEMENTATION OF REGIMES, LIMITS AND STANDARDS

Article 60. Formulation and implementation of regimes, limits and standards

1. Heads of agencies in charge of the formulation and promulgation of regimes, limits and standards shall:

a) Organize and provide guidance on the regimes, limits and standards promulgated by the agencies under their management;

b) Provide guidance for other organizations and units in formulating, promulgating, announcing, and implementing the regimes, limits and standards applicable to such organizations and units based on the regimes, limits, and standards promulgated by the organizations under their management;

c) Take responsibility before law for the violations of regulations on the formulation, promulgation, announcement of regimes, limits, and standards according to Anti-corruption Law, this Decree, and other laws on regimes, limits, and standards.

2. Heads of the organizations shall organize and supervise the formulation, promulgation, and announcement of regimes, limits and standards applicable to the organizations under their management.

Article 61. Penalties for violations against the regulations on regimes, limits and standards

1. People that violate the regulations on regimes, limits and standards shall be disciplined or face criminal prosecution depending on the nature and seriousness of the violations.

2. The people that order, authorize, or suggest the violations of regimes, limits and standards shall pay compensation for the excess value; 

3. The people that order, authorize, or suggest the self-seeking employment of economic-technical standards that are lower than the norms shall pay compensation for the value below standards ; beneficiarise of the employment of such lower economic-technical standards shall pay compensation for the value they benefit from.

4. If the violations of regimes, limits, and standards cause damage or loss of property, or remedial measures must be tanken, the violators defined in Clause 2 and Clause 3 of this Article shall pay compensation for the damage or the cost of remedial measures.

Chapter 8.

OTHER PROVISIONS

Article 62. Innovation of payment and management of receipts and expenditures in cash applicable to officials

1. The Government shall adopt financial solutions and technologies so that all payments for the persons in positions of powers defined in Points a, b, and c Clause 3 Article 1 of Anti-corruption Law and other transactions using the State budget are made via accounts.

2. The Minister of Finance shall cooperate with the Governor of the State bank of Vietnam and the Minister of Internal Affairs in producing solutions for managing incomes and expenditures of officials using personal accounts.

Article 63. International cooperation in anti-corruption

1. The projects on international cooperation in anti-corruption defined in Clause 1 Article 90 of Anti-corruption Law must be advised by Government Inspectorate, the Ministry of Public Security, the Ministry of Justice, and the Ministry of Foreign Affairs, before being submitted to competent authorities for approval.

2. The results of such projects shall be reported to the Prime Minister and sent to the Prime Minister to be imported to the anti-corruption data system specified in Article 38 of this Decree.

Chapter 9.

IMPLEMENTATION

Article 64. Effect

This Decree takes effect on July 31, 2013 and supersedes the Government's Decree No. 120/2006/NĐ-CP dated October 20, 2006 elaborating and providing guidance on the implementation of Anti-corruption Law.

Article 65. Responsibility for the implementation

Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces, the organizations and individuals concerned are responsible for the implementation of this Decree./.

 

 

FOR THE GOVERNMENT
THE PRIME MINISTER




Nguyen Tan Dung

 


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Loại văn bảnNghị định
Số hiệu59/2013/ND-CP
Cơ quan ban hành
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Ngày ban hành17/06/2013
Ngày hiệu lực31/07/2013
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      Decree No.59/2013/NĐ-CP elaborating some article of Anti-corruption Law
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