Nghị định 90/2013/ND-CP

DECREE

REGULATION ON THE ACCOUNTABILITY OF STATE AGENCIES IN IMPLEMENTATION OF THE ASSIGNED TASKS AND POWERS

Pursuant to December 25, 2001 Law on organization of Government;

Pursuant to the anti-corruption Law No. 55/2005/QH11 amended and supplemented a number of Articles according to the Law No. 01/2007/QH12 and Law No. 27/2012/QH13;

At the proposal of General Government Inspector;

The Government promulgates the Decree prescribing the accountability of state agencies in implementation of the assigned tasks and powers,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes on conditions to receive request for explanation; rights and obligations of requester for explanation and the person conducting explanation; the orders of and procedures for explanation and responsibility of relevant agencies, organizations and individuals in implementation of provisions on accountability.

Article 2. Subjects of application

This Decree applies to the following subjects:

1. State administrative agencies, public non-business units under the state administrative agencies and persons competent to implementation of accountability.

2. State agencies, political organizations, political-social organizations, social organizations, professional - political - social organizations, social – professional organizations, economic organizations; foreign organizations established and operating legally in Vietnam; Vietnamese citizens, foreigners living or working in Vietnam who have request for explanation.

Article 3. Interpretation of terms

In this Decree, the following terms will be construed as follows:

1. Explanation means the provision for, interpretation and clarification of information conducted by state agencies about implementation of their assigned duties and powers and responsibilities in implementation of such duties and powers.

2. The requesters for explanation include agencies, organizations and individuals who request state agencies, competent persons for explanation about contents related to implementation of their rights and obligations.

3. The explaining persons include heads of state agencies or persons authorized by heads of state agencies for implementation of explanation.

Article 4. Principles in implementation and application of law on accountability

1. Implementation of accountability must comply with the following principles:

a) Ensuring the disclosure, transparency, sufficiency, timeliness and proper competence;

b) Protecting the legitimate rights and benefits of State, organizations and individuals.

2. In case where other legal documents have provisions on the accountability, provisions of those legal documents shall prevail.

Article 5. Contents not belong to scope of accountability

1. The explaining persons are not responsible for explanation about the following contents:

a) Content of information related to state secret;

b) Contents related to direction, organization of implementation of tasks, public missions in internal scope of state agencies; in direction and management of the superior administrative agencies with the inferior administrative agencies;

c) Content of information belonging to private secret;

d) Content of information belonging to business secret;

e) Contents which have been explained or accepted for settlement by competent agencies.

2. The requests for explanation past 90 days, from the day agencies, organizations or individuals receive or know about decisions, acts of state agencies directly affecting to their lawful rights and benefits.

Article 6. Conditions to receive request for explanation

1. Individuals requesting for explanation must be capable of civil acts fully or through the lawful representatives; agencies or organizations requesting explanation must perform through their lawful representatives.

2. Content of request for explanation directly related to the lawful rights and benefits of agencies, organizations, individuals who have request for explanation.

3. Contents of request for explanation belong to scope of management duty of the requested agencies.

Chapter 2.

RIGHTS AND OBLIGATIONS OF THE REQUESTERS FOR EXPLANATION AND THE PERSONS CONDUCTING EXPLANTION

Article 7. Rights of the requesters for explanation

1. To conduct by themselves or authorize for other persons with full capacity of civil acts to perform request for explanation.

2. To be entitled to draw partly or all request for explanation.

3. To be entitled to receive the written explanation of agencies which have responsibility for explanation.

Article 8. Obligations of the requesters for explanation

1. To perform the orders of and procedures for request for explanation as prescribed in this Decree and other relevant legal documents.

2. To present clearly, honestly, have grounds about content of request for explanation.

3. To supply information, documents related to content of request for explanation.

Article 9. Rights of the explaining persons

1. To suggest the requester for explanation to supply information, documents related to content of request for explanation.

2. To suggest the requester for explanation to perform properly with the orders and procedures specified in this Decree and other relevant legal documents.

3. To supplement or correct information in the written explanation aiming to clarify, create the exactness and more sufficiency for contents of explanation.

4. Apart from cases prescribed in Article 6 of this Decree, when make direct explanation, the explaining persons have rights to refuse for explanation in the following cases:

a) The requesters for explanation are in status of failing to control acts due to use of alcohols, beers or other stimulants;

b) The authorized persons, representatives fail to have other lawful papers as prescribed by law;

c) The requester for explanation has acts that disrupt order, offend honor, dignity of the explaining persons.

Article 10. Obligations of the explaining persons

1. To receipt request for explanation under their competence intra as prescribed by law.

2. To guide the requester for explanation to perform properly with the orders and procedures specified in this Decree and other relevant legal documents.

3. To solve the request for explanation in accordance with forms, orders, procedures and time limit prescribed in this Decree and other relevant legal documents.

Chapter 3.

ORDERS OR AND PROCEDURES FOR IMPLEMENETATION OF EXPLANATION

Article 11. Request for explanation

1. The request for explanation is performed in writing or directly at the state agencies which have responsibilities for explanation.

2. The written request for explanation must meet the following conditions:

a) Using Vietnamese. In case where foreigners request for explanation, the written request for explanation must be translated into Vietnamese;

b) To present clearly content of request for explanation;

c) To inscribe clearly name, address, telephone number (or address of mailbox to contact as necessary) of the requester for explanation.

3. Request for direct explanation:

a) The requester for explanation presents clearly content of request with cadres, civil servants who receive request for explanation.

In case where many persons, at the same time, request for explanation about a same content, they must assign a representative for presenting. The assignment of representative must be made in writing;

b) Using Vietnamese. In case where a foreigner requests for explanation, he/she must use his/her person to translate into Vietnamese during the course of implementation of request for explanation;

c) Cadres, civil servants who receive request for explanation must present truthfully content of request for explanation in writing; inscribe clearly name, address, telephone number (or address of mailbox to contact as necessary) of the requester for explanation;

d) The requester for explanation should sign or press fingerprints to certify on document.

Article 12. Receipt of request for explanation

The receipt of request for explanation is performed as follows:

1. To receive and record in the receipt book of requests for explanation.

2. To guide the requester for explanation to perform properly with forms of the request for explanation if it has not yet met as prescribed in Article 11 of this Decree.

3. Within 05 working days after receiving request, the explaining persons must notify the requester about the receipt or refusal and clearly state reason thereof.

In case where the request for explanation does not belong to his/her responsibility, he/she must guide the requester to send exactly to agencies which have responsibility for explanation. In case the content of request has been explained but there is other person requests for explanation, this person shall be supplied the written explanation.

4. Dossiers of requests for explanation which have been received must be stored as prescribed by law on archival.

Article 16. Implementation of explanation

1. For requests for direct explanation with simple content, the explaining person may make direct explanation; and the requesters for explanation shall sign or press fingerprints on the minutes of explanation implementation.

2. For other requests for explanation, the explaining person must perform as follows:

a) To research content of request for explanation;

b) To collect, verify the concerned information;

c) To have a direct meeting with the requester for explanation in order to clarify relevant contents if necessary. Content of the meeting is made into the minutes with signatures of parties;

d) To issue written explanation with the following contents:

- Name and address of the requesters for explanation;

- Content of request for explanation;

- The result of direct meeting with organizations, individuals (if any);

- Legal grounds for explanation;

- Content of specific explanation under each request;

e) To send the written explanation to the requesters for explanation. In necessary case, publicize the written explanation as prescribed by law.

Article 14. Time limit for implementation of explanation

Time limit for implementation of explanation shall not exceed 15 days, from the day issuing the notification about the receipt of request for explanation. In case with complex content, time limit for explanation may be extended. Time limit for extension of implementation of explanation shall not exceed 15 days, from the extended day and have to send a written notification to the requester for explanation.

Article 15. Temporary suspension, suspension of the explanation at request

Heads of state agencies shall notify in writing about temporary suspension or suspension of explanation in the following specific cases:

1. Temporary suspending the explanation when individuals who request for explanation died and not yet have any person to inherit rights and obligations in the cases requested for explanation; agencies, organizations are separated, merged, dissolved but not yet have any individual or organization to inherit rights and obligations in the cases requested for explanation.

The explaining persons shall continue the explanation when reasons of temporary suspension are no longer.

2. The implementation of explanation is suspended when the requester for explanation draws the request for explanation.

Chapter 4.

ORGANIZATION OF IMPLEMENTATION AND PROVISIONS OF ENFORCEMENT

Article 16. Responsibilities of heads of state agencies in organization to perform the accountability

1. To concretize implementation of the accountability in the internal rules, working regulations of individuals in conformity with their functions, tasks and powers.

2. To organize, direct, urge, examine cadres, civil servants under their management in strictly perform provisions on accountability and handling cases violating provisions on accountability.

Article 17. Inspection, examination of the accountability implementation

1. The superior state agencies shall inspect, examine the accountability implementation of inferior state agencies.

2. The Government Inspectorate shall help Government in examining, inspecting the accountability implementation of Ministers, ministerial-level agencies, Governmental agencies and People’s Committees of provinces and central-affiliated cities.

Article 18. Handling of violations in implementation of provisions on accountability

Cadres, civil servants and heads of state agencies, who fail to comply strictly with provisions on the accountability implementation as prescribed in this Decree, depend on nature and seriousness, shall be handled as prescribed by law on cadres, civil servants.

Article 19. Effect

This Decree takes effect on September 30, 2013.

Article 20. Responsibilities for guide and organization of implementation

1. The General Government Inspector shall coordinate with the Minister of Internal Affairs in guiding implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, People’s Committees of provinces and central-affiliated cities, and relevant agencies shall implement this Decree.