Decree of Government No.120/2006/ND-CP of October 20, 2006 detailing and guiding the implementation of a number of articles of The Anti-Corruption Law

THE GOVERNMENT
——-

SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
———-

No: 120/2006/ND-CP

Hanoi, October 20, 2006

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ANTI-CORRUPTION LAW

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Anti-Corruption Law;
At the proposal of the Inspector General,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Decree details and guides the implementation of a number of articles of the Anti-Corruption Law regarding corruption acts; publicity and transparency in activities of agencies, organizations and units; information and reporting regimes; regimes of examination and inspection of the observance of the law on corruption prevention and fighting; denunciations and settlement of denunciations about corruption acts; formulation and implementation of regimes, norms and criteria; international cooperation on corruption prevention and fighting and a number of other provisions of the Anti-Corruption Law.

Article 2.- Determination of corruption acts specified in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 3 of the Anti-Corruption Law

The corruption acts specified in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 3 of the Anti-Corruption Law are determined in accordance with the 1999 Penal Code.

Article 3.- Determination of corruption acts specified in Clauses 8, 9, 10, 11 and 12, Article 3 of the Anti-Corruption Law

The corruption acts specified in Clauses 8, 9, 10, 11 and 12, Article 3 of the Anti-Corruption Law are determined as follows:

1. Acts of offering bribes, bribe brokerage by persons with positions and powers to settle affairs of agencies, organizations, units or localities for self-seeking interests include the following acts:

a/ Offering bribes, bribe brokerage in order to receive mechanisms, policies beneficial to agencies, organizations, units or localities;

b/ Offering bribes, bribe brokerage in order to be given priority in budget allocation to agencies, organizations, units or localities;

c/ Offering bribes, bribe brokerage in order to have projects assigned to, or approved for, agencies, organizations, units or localities;

d/ Offering bribes, bribe brokerage in order to have emulation titles, honorable state titles awarded to collectives and individuals in agencies, organizations, units or localities;

e/ Offering bribes, bribe brokerage in order to have organization or state payroll quotas allocated to, or approved for, agencies, organizations, units or localities;

f/ Offering bribes, bribe brokerage in order to be not examined, inspected, investigated or audited or to distort the examination, inspection, investigation or auditing results with a view to covering up law-breaking acts;

g/ Offering bribes, bribe brokerage in order to receive other interests for agencies, organizations, units or localities.

2. Taking advantage of positions or powers to illegally use state properties for self-seeking interests cover the following acts:

a/ Using state properties for personal purposes;

b/ Leasing state properties, lending state properties;

c/ Using state properties in excess of regimes, norms, criteria.

3. Acts of harassment for self-seeking interests mean acts of authoritarianism, causing difficulties or troubles when performing tasks or official duties with a view to demanding or compelling citizens, enterprises, organizations and other individuals to pay expenses against regulations or to perform other acts for the interests of the persons who commit acts of harassment.

4. Acts of failing to perform tasks or official duties for self-seeking interests are acts of deliberately failing to fulfill the responsibilities prescribed for persons with powers or positions by law in the prevention, detection or handling of law offenses or failing to strictly observe the order, procedures and time limits prescribed for their tasks or official duties for self-seeking interests.

5. Taking advantage of positions or powers to cover up law violators for self-seeking interests; illegally hindering, intervening in the examinations, inspections, audits, investigations, prosecutions, adjudications or judgment executions for self-seeking interests cover the following acts:

a/ Using one’s positions, powers or influence to cover up or help lessen law-breaking acts of other persons;

b/ Using one’s positions, powers or influence to cause difficulties to the examinations, inspections, audits, investigations, prosecutions, adjudications or judgment executions or to distort the results of the above activities.

Chapter II

PUBLICITY, TRANSPARENCY IN ACTIVITIES OF AGENCIES, ORGANIZATIONS, UNITS

Section 1. ENSURING THE PUBLICITY AND TRANSPARENCY PRINCIPLES

Article 4.- Ensuring the principle of publicity and transparency in the promulgation of lists of state secrets by competent agencies or organizations

1. Lists of state secrets promulgated by competent agencies or organizations under the provisions of the Ordinance on Protection of State Secrets must not cover the contents which are subject to publication under Articles 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 of the Anti-Corruption Law.

2. The Ministry of Public Security and competent agencies or organizations must ensure the principle of publicity and transparency laid down in the Anti-Corruption Law in the formation and promulgation of lists of state secrets.

Article 5.- Application of forms of publicity

1. The application of the publicity forms specified in Article 12 of the Anti-Corruption Law must be compatible with the contents and subjects of to be publicized information and the purposes of the publicity of information.

2. Heads of agencies, organizations or units shall organize and direct the application of publicity forms and bear responsibility in accordance with law for acts of violating the legal provisions on application of publicity forms.

3. If the law specifies forms of publicity, those forms of publicity shall apply.

4. In addition to the publicity forms required by law for application, heads of agencies, organizations or units shall apply one or a number of the publicity forms specified in Clause 1, Article 12 of the Anti-Corruption Law.

5. Upon receipt of request for information supply of agencies, organizations or individuals as provided for in Articles 31 and 32 of the Anti-Corruption Law, the publicity form specified at Point g, Clause 1, Article 12 of the Anti-Corruption Law shall apply.

Section 2. SUPPLY OF INFORMATION AT REQUEST OF AGENCIES, ORGANIZATIONS, INDIVIDUALS

Article 6.- Rights and obligations of agencies, organizations and individuals requesting the supply of information

1. Information supply-requesting agencies, organizations and individuals have the following rights:

a/ To request the supply of information on activities of agencies, organizations or units according to the provisions of Articles 31 and 32 of the Anti-Corruption Law;

b/ To receive the requested information or written replies on refusal to supply information;

c/ To complain in accordance with law about non-supply of information or non-performance of the obligation to supply information.

2. Information supply-requesting agencies, organizations and individuals have the following obligations:

a/ To clearly state their full names, addresses and reasons for requesting the information supply in their written requests;

b/ To exercise their right to request the supply of information in accordance with the Anti-Corruption Law and this Decree;

c/ Not to take advantage of their right to request the supply of information to cause disturbance or to perform illegal acts, causing damage to agencies, organizations or individuals;

d/ To abide by the effective decisions on settlement of complaints about the realization of requests for information supply.

Article 7.- Rights and obligations of agencies, organizations, units and individuals requested to supply information

1. Agencies, organizations, units and individuals that are requested to supply information have the following rights:

a/ To be given the reasons for requests of information supply;

b/ To refuse to supply information classified as state secrets and other contents under the Government’s regulations, information already published on mass media, distributed in publications or publicly posted up and information irrelevant to activities of the requested agencies, organizations or units;

c/ To request persons supplied with information to use such information lawfully and to ensure accuracy when using the information.

2. Agencies, organizations, units and individuals that are requested to supply information have the following obligations:

a/ To supply information in writing or data messages to agencies, organizations and individuals strictly according to the order, procedures and time limits prescribed in the Anti-Corruption Law and this Decree;

b/ To reply in writing and clearly the reasons to information supply-requesting agencies, organizations or individuals in cases where information cannot be supplied or have not been supplied yet;

c/ To guide the access to requested information if such information were already published on the mass media, distributed in publications or publicly posted up;

d/ To abide by the effective decisions on settlement of complaints about the realization of requests for information supply.

Article 8.- Responsibilities of the heads of agencies, organizations or units in the supply of information at requests of agencies, organizations or individuals

Heads of agencies, organizations or units shall organize and direct the supply of information; bear responsibility for the violations of the obligations to supply information of their respective agencies, organizations or units under the provisions of the Anti-Corruption Law, this Decree and other legal provisions.

Article 9.- Forms of information supply requests of agencies, organizations and individuals

1. The request for information supply must be made in writing or data message.

2. Documents or data messages requesting the supply of information are transmitted directly, sent by post or electronic transactions to the requested agencies, organizations, units or individuals.

Article 10.- Realization of request for supply of information

Within ten days after receiving requests for information supply, the requested agencies, organizations, units or individuals shall conduct one of the following activities:

1. Supplying the information when the contents of the requested information meet the following conditions:

a/ Falling within the scope of publicity as provided for in the Anti-Corruption Law and this Decree;

b/ Falling within the scope of activities of the requested agencies, organizations, units or individuals;

c/ Having not yet been published on mass media, in distributed publications or publicly posted up.

2. Sending written replies on the non-supply of information to requesting agencies, organizations or individuals when contents of the requested information fail to meet the conditions prescribed in Clause 1 of this Article and clearly stating the reasons therefor.

3. Providing guidance on access to information in their written replies if the requested information were already published on the mass media, in distributed publications or publicly posted up.

Article 11.- Assurance of the right of agencies, organizations and individuals to request the supply of information

1. When information supply-requesting agencies, organizations or individuals have grounds to believe that the information supply is incomplete or illegal, they may lodge their complaints.

2. The complaint and settlement of complaints about the right to request information supply shall comply with the law on complaints.

3. If the complained persons are appointed by the Prime Minister or are heads of the central bodies of socio-political organizations, the complaints shall be lodged with the Central Steering Committee for Corruption Prevention and Fighting.

Article 12.- Handling of violations of the provisions on request for information supply

1. Those who are requested to supply information but fail to perform the information supply obligations in accordance with the Anti-Corruption Law and this Decree shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability in accordance with law.

2. Those who take advantage of the right to request information supply to cause disturbances or illegally use the supplied information thus causing damage to the legitimate rights and interests of agencies, organizations or individuals shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability in accordance with law.

Chapter III

REGIMES OF INFORMATION AND REPORTING ON CORRUPTION PREVENTION AND FIGHTING

Section 1. REGIMES OF INFORMATION AND REPORTING ON CORRUPTION PREVENTION AND FIGHTING ACTIVITIES OF AGENCIES, ORGANIZATIONS, UNITS

Article 13.- The reporting responsibilities of ministries, ministerial-level agencies, government-attached agencies and provincial/municipal People’s Committees

1. Ministries, ministerial-level agencies, government-attached agencies, provincial/municipal People’s Committees (hereinafter referred to as ministries, branches and localities for short) have the responsibility to report to the Government and the Central Steering Committee for Corruption Prevention and Fighting on the work of corruption prevention and fighting at their respective ministries, branches or localities. These reports are sent to the Government Inspectorate for building and maintaining the general data system on corruption prevention and fighting.

2. The Government Inspectorate shall assist the Government and the Central Steering Committee for Corruption Prevention and Fighting in making annual national reports on corruption prevention and fighting.

Article 14.- Contents of reports to the Government

Ministries, branches and localities shall report to the Government on the following contents:

1. The legal documents and other documents on corruption prevention and fighting, which have been promulgated by ministries, branches or localities according to their respective competence;

2. The corruption situation, corruption prevention and fighting results of ministries, branches or localities.

Article 15.- Contents of the Government’s report to the National Assembly, the National Assembly Standing Committee

The Government’s report to the National Assembly or the National Assembly Standing Committee has the following contents:

1. The corruption situation and the results of corruption prevention and fighting nationwide;

2. Evaluation and forecast of the corruption situation and propose policies and solutions to prevent and fight corruption.

Article 16.- Information and reporting forms

The information and reporting is carried out in one of the following forms:

1. Administrative documents;

2. Data messages.

Article 17.- Reporting time

1. Quarterly and biannually, ministries, branches and localities shall report according to the provisions of Clause 1, Article 13 of this Decree.

2. Biannually and annually, the Government shall report shall to the National Assembly, the National Assembly Standing Committee according to the provisions of Article 15 of this Decree.

3. The Government shall extraordinarily report to the National Assembly Standing Committee when so requested.

Article 18.- Supply of information on corruption prevention and fighting for ministries, branches and localities

1. When necessary, ministries, branches and localities may request the Government Inspectorate to supply information in service of their respective corruption prevention and fighting.

2. The Government Inspectorate shall supply information within ten days after receiving the information supply requests of ministries, branches or localities. When the requested information are complicated, involving many branches, the above time limit may be longer but must not exceed twenty days; if information is not supplied or cannot be supplied yet, it shall reply the requesters in writing, clearly stating the reasons therefor.

3. The exchange of information between the Government Inspectorate and ministries, branches or localities in the corruption prevention and fighting work shall be carried out in the forms prescribed in Article 16 of this Decree.

Article 19.- Responsibilities of ministers, heads of ministerial-level agencies, heads of government-attached agencies, and presidents of provincial-level People’s Committees

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level People’s Committees shall direct, urge and inspect the implementation of the regimes of information and reporting on corruption prevention and fighting within the scope of management by their respective ministries, branches or localities.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial-level People’s Committees are accountable for the reported information and data and the violations of information and reporting obligations.

Article 20.- Regimes of information and reporting at ministries, branches, localities

1. Ministries, branches and localities shall base themselves on this Decree to specify the regimes of information and reporting on their respective corruption prevention and fighting work.

2. The Government Inspectorate shall guide, inspect and urge the ministries, branches and localities in the implementation of information and reporting regimes according to the provisions of this Decree.

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

Article 21.- Exchange of information between the Government Inspectorate and the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court, the State Audit

1. The Government Inspectorate shall coordinate with the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court and the State Audit in the periodical exchange of information, documents and experience on corruption prevention and fighting in their respective activities of inspection, investigation, procuration, adjudication or audit.

2. The exchange and supply of information and documents on corruption prevention and fighting by the Government Inspectorate, the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court and the State Audit must be swift, accurate and timely.

3. The Government Inspectorate shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People’s Court and the State Audit in, promulgating a joint circular specifying the exchange and supply of information and documents between the Government Inspectorate, the Ministry of Public Security and the People’s Supreme Procuracy, the Supreme People’s Court and the State Audit.

Article 22.- Exchange of information between the Government Inspectorate and other organizations on corruption prevention and fighting

1. The Government Inspectorate shall coordinate with the Central Committee of the Vietnam Fatherland Front and its member organizations, the Vietnam Chamber of Commerce and Industry, enterprises’ associations, branches’ and crafts’ associations and press agencies in regularly exchanging and supplying information and documents on corruption prevention and fighting through activities of those organizations.

2. The exchange and supply of information, documents on corruption prevention and fighting under the provisions of Clause 1 of this Article must be swift, accurate and timely.

Article 23.- Exchange of information on corruption prevention and fighting work in localities

Provincial-level People’s Committees, based on the joint circular defined in Clause 3, Article 21 of this Decree, shall assume the prime responsibility for, and coordinate with the People’s Procuracies and the People’s Courts of the same level, the provincial-level Committees of the Vietnam Fatherland Front, enterprises’ associations, branches’ and crafts’ associations and press agencies in their respective localities in, the exchange and supply of information and documents on corruption prevention and fighting in localities.

Article 24.- Publicity of annual reports on corruption prevention and fighting

1. Annual reports on corruption prevention and fighting work of People’s Committees shall be publicized by presidents of such People’s Committees on the final working day of March every year at the latest.

2. Annual reports on corruption prevention and fighting work of ministries, ministerial-level agencies, government-attached agencies shall be publicized by ministers, heads of ministerial-level agencies or heads of government-attached agencies on the final working day of March every year at the latest.

3. Annual reports on corruption prevention and fighting work of the Government shall be publicized by the Prime Minister on the final working day of April every year at the latest.

Section 3. GENERAL SYSTEM OF DATA ON CORRUPTION PREVENTION AND FIGHTING

Article 25.- General system of data on corruption prevention and fighting

1. The general system of data on corruption prevention and fighting means a collection of gathered and processed information, data and reports relating to the work of corruption prevention and fighting.

2. Information, data, reports of the general data system under the provisions of Clause 1 of this Article must be gathered and processed in a timely, accurate and scientific manner in service of the study, assessment and forecast of the corruption situation, the formation and perfection of policies and the law on corruption prevention and fighting, contributing to raising the effectiveness and efficiency of the work of corruption prevention and fighting.

Article 26,- Building and management of the general system of data on corruption prevention and fighting

1. The building and management of the general system of data on corruption prevention and fighting cover:

a/ Receipt, sum up, processing and archive of information, data and reports of agencies, organizations and localities on corruption prevention and fighting;

b/ Assurance of smooth exchange and supply of information, documents between responsible agencies in the work of corruption prevention and fighting;

c/ Sum up, evaluation and forecast of the corruption situation.

2. The Government Inspectorate shall build and manage the general system of data on corruption prevention and fighting.

Chapter IV

REGIMES OF EXAMINATION AND INSPECTION OF THE OBSERVANCE OF THE LAW ON CORRUPTION PREVENTION AND FIGHTING

Section 1. EXAMINATION OF THE OBSERVANCE OF THE LAW ON CORRUPTION PREVENTION AND FIGHTING

Article 27.- Examination contents

Agencies, organizations and units shall conduct regular examinations in order to consider, evaluate and work out measures with a view to ensuring the strict observance of the law on corruption prevention and fighting by agencies, organizations, units and individuals under their respective management.

Article 28.- Grounds for examination

1. The examination is conducted according to annual examination plans already approved by competent agencies, organizations or units or conducted extraordinarily under decisions of heads of competent agencies, organizations or units upon the detection of signs of violation of the law on corruption prevention and fighting.

2. Agencies, organizations and units shall promulgate and post up at their respective offices the examination plans for the subsequent year on the final working day of December every year at the latest.

3. An examination plan covers the following contents:

a/ The examined agencies, organizations, units and individuals;

b/ Contents of examinations;

c/ The examination duration.

Article 29.- Examination order and procedures

1. Upon the appearance of one of the grounds defined in Clause 1, Article 28 of this Decree, heads of competent agencies, organizations or units shall issue examination decisions and send them to the to be-examined agencies, organizations, units, individuals.

2. An examination decision must cover the following contents:

a/ Grounds for examination;

b/ The full names, positions, working places of the head and members of the examination team or the examiners;

c/ The examination contents;

d/ The examination duration.

3. Examination decisions must be publicized within five days after the date of issuance of the examination decisions. The announcement of examination decisions must be conducted at the offices of the examined agencies, organizations, units or at the working places of the examined individuals and be made in writing.

4. The duration of an examination is ten days, counting from the date of announcement of the examination decision; if an examination involves many subjects, covers a large geographical area and is complicated in its nature, the examination duration may be longer but must not exceed fifteen days after the announcement of the examination decision.

5. Within ten days counting from the date an examination ends, after scrutinizing the examination result report of the head of the examination team or the examiner and the explanation of the examined agencies, organizations, units or individuals, the examination decision issuers shall promulgate the conclusions on examination.

6. The examination conclusions must cover the following contents

a/ Conclusion on the observance of the Anti-Corruption Law, its guiding documents and other relevant provisions of law on corruption prevention and fighting by the examined agencies, organizations, units, individuals;

b/ Conclusion on responsibilities of the examined agencies, organizations, units or individuals, including the conclusion on responsibility of the heads of the examined agencies, organizations, units or individuals;

c/ The requests on the examined agencies, organizations, units or individuals regarding measures to be taken to ensure the implementation of the Anti-Corruption Law and other relevant provisions of law on corruption prevention and fighting;

d/ Measures to specifically handle acts of violation (if any).

7. Examination conclusions will be sent to the examined agencies, organizations, units or individuals and publicized at offices of agencies, organizations or units that have conducted the examination and headquarters of agencies, organizations, units or at the working places of the examined individuals.

Article 30.- Responsibilities of examined agencies, organizations, units and individuals

The examined agencies, organizations, units or individuals have the responsibilities:

1. To abide by the examination decisions;

2. To cooperate with, supply information and documents in an accurate, complete and timely manner at the request of examination teams and examiners;

3. To seriously realize the requests of examination teams or examiners; decisions and conclusions of examination decision issuers.

Section 2. INSPECTION OF THE OBSERVANCE OF THE LAW ON CORRUPTION PREVENTION AND FIGHTING

Article 31.- Inspection contents

1. Examining and evaluating the observance of the law on corruption prevention and fighting by agencies, organizations, units, which cover:

a/ Publicity and transparency in activities of agencies, organizations, units;

b/ Formulation and implementation of regimes, norms and criteria;

c/ Code of conducts, rules on professional ethics, the shift of working positions of cadres, civil servants;

d/ Transparency of assets, incomes;

e/ Other provisions of law on corruption prevention and fighting.

2. Examining and concluding on responsibilities of heads of agencies, organizations or units in organizing, directing the implementation of the law on corruption prevention and fighting.

Article 32.- Inspection grounds

Inspection shall be conducted upon the emergence of one of the following grounds:

1. Annual inspection plans already approved by the heads of managerial agencies of the same level;

2. Requests of the heads of managerial agencies of the same level;

3. Detected signs of violating the law on corruption prevention and fighting.

Article 33.- Inspecting competence

1. The Government Inspectorate shall inspect the implementation of the law on corruption prevention and fighting by ministries, ministerial-level agencies, government-attached agencies or provincial-level People’s Committees.

2. Provincial inspectorates shall inspect the implementation of the law on corruption prevention and fighting by departments, branches of provincial-level People’s Committees, district-level People’s Committees and units under provincial-level People’s Committees.

3. District inspectorates shall inspect the implementation of the law on corruption prevention and fighting by sections and boards of district-level People’s Committees, commune-level People’s Committees and units under district-level People’s Committees.

4. The inspectorates of ministries, the inspectorates of provincial/municipal Services are competent to inspect the implementation of the law on corruption prevention and fighting by organizations and units under the direct management by ministries or provincial/municipal Services.

5. The Inspector General shall direct and urge the state inspectorates in the inspection of implementation of the law on corruption prevention and fighting.

Article 34.- Responsibilities of the heads of state management agencies for the inspection of the implementation of the law on corruption prevention and fighting

The heads of state management agencies have the responsibilities:

1. To approve plans on inspection of the implementation of the law on corruption prevention and fighting by the state inspectorates of the same level;

2. To direct and create funding and personnel conditions for the state inspectorates of the same level to conduct the inspection of the implementation of the law on corruption prevention and fighting;

3. To request agencies, organizations and units to realize the petitions of state inspectorates in the inspection of the implementation of the law on corruption prevention and fighting;

4. To be held accountable before law for the occurrence of violations of the regulations on inspection activities.

Article 35.- Elaboration of annual inspection plans

1. Annually, the Government Inspectorate shall guide ministries, branches and localities in the elaboration of plans on inspection of the implementation of the law on corruption prevention and fighting.

2. The state inspectorates shall assist the heads of the managerial agencies of the same level in drafting their annual inspection plans and send to the immediate superior state inspectorates for comments on the final working day of October every year at the latest.

3. The superior state inspectorates shall send written replies to the comment-requesting state inspectorates on the final working day of November every year at the latest.

4. The heads of managerial agencies shall approve and publicize their annual inspection plans on the final working day of December every year at the latest.

5. An inspection plan covers the following contents:

a/ The inspected agency, organization, unit or individual;

b/ The contents of inspections;

c/ The inspection duration.

Article 36.- Tasks and powers of inspection decision issuers, inspection team heads and members; inspection order and procedures

1. In the course of inspection, the inspection decision issuers, the inspection team heads and members have the tasks and powers prescribed by the law on inspection.

2. The order, procedures and duration for inspection of the implementation of provisions of law on corruption prevention and fighting shall comply with the law on inspection.

Article 37.- Inspection conclusions

1. The inspection conclusions cover the following contents:

a/ The conclusions on the inspected contents;

b/ The conclusions on responsibilities of the heads of the inspected agencies, organizations or units in organizing and directing the implementation of the law on corruption prevention and fighting;

c/ The measures to redress shortcomings and mistakes in the implementation of the law on corruption prevention and fighting proposed by the inspected agencies, organizations or units;

d/ The proposed handling of the heads of agencies, organizations or units for violations of the law on corruption prevention and fighting as provided for in Clause 1, Article 31 of this Decree.

2. When violations of the law on corruption prevention and fighting show signs of crimes, the inspection conclusion makers shall propose and transfer the dossiers to investigating bodies and procuracies for penal liability examination against the violators.

Article 38.- Rights and obligations of agencies, organizations, units and individuals subject to inspection

The rights and obligations of agencies, organizations, units and individuals subject to inspection shall comply with the law on inspection.

Chapter V

DENUNCIATION OF CORRUPTION ACTS

Section 1. COMPETENCE AND PROCEDURES FOR RECEPTION, HANDLING AND SETTLEMENT OF CORRUPTION DENUNCIATIONS

Article 39.- Establishing and publicizing forms of receiving denunciations

Police offices and state inspectorates competent to settle denunciations are obliged to establish and publicize telephone numbers, e-mail boxes and addresses for reception of denunciations against corruption acts.

Article 40.- Responsibility to receive and competence to handle and settle corruption denunciations

1. The responsibility to receive and the competence to settle corruption denunciations shall comply with the Law on Complaints and Denunciations, the Anti-Corruption Law and this Decree.

2. Within ten days at most after the receipt of denunciations, police offices or state inspectorates shall transfer the dossiers of denunciation to agencies, organizations or individuals competent to settle them and notify the denouncers thereof in writing; if the denunciations fall under their respective competence, they shall handle and settle them and notify the denouncers thereof in writing, when so requested.

3. Upon receiving denunciations sent by the Central Steering Committee for Corruption Prevention and Fighting, agencies, organizations and individuals shall handle and settle them then report on the settlement results to the Steering Committee.

Article 41.- Modes of corruption denunciation

1. Citizens denounce corruption acts by the following modes:

a/ Making direct denunciations;

b/ Sending written denunciations;

c/ Making denunciations via telephone;

d/ Making denunciations via data messages.

2. Denouncers must clearly state their full names, addresses and denunciation contents and supply information and documents relating to the denunciation contents, which they have possessed.

3. Corruption denunciations which are made under false names of denouncers, with unclear or groundless contents and denunciations which were already settled by competent authorities and are now made again but without new evidence shall not be considered and settled.

Article 42.- Procedures for receipt of corruption denunciations made by different modes

1. When citizens make direct denunciations, the denunciation recipients shall record the denunciation contents, full names and addresses of the denouncers or tape-record their verbal denunciations when necessary. The denunciation- receiving time is counted from the date the denouncers sign the recorded denunciation contents for certification.

2. Receipt of corruption denunciations made by mode of sending written denunciations:

a/ If the written denunciations are sent by post, the denunciation-receiving time is the date of receiving the written denunciations;

b/ If the written denunciations are delivered in person, the recipients issue receipts; the written denunciation-receiving time is the date written on the receipts.

3. Immediately after the receipt of denunciations through telephone or data messages, the denunciation-receiving agencies, organizations and individuals shall verify the full names and addresses of the denouncers according to the information supplied by the denouncers, apply according to their respective competence or request competent agencies or organizations to apply necessary measures to promptly detect and check the corruption acts.

4. For denunciations with denouncers’ full names and addresses being unidentified but with clear contents, specific evidences and with grounds for verification, the competent agencies, organizations or individuals study and consult the supplied information to serve the corruption prevention and fighting.

Article 43.- Procedures for handling and settling corruption denunciations

1. The procedures for handling and settling corruption denunciations shall comply with the law on denunciations, the Anti-Corruption Law and this Decree.

2. Denunciation-handling decisions shall be publicized and sent to police offices, state inspectorates of the same level and denouncers, when so requested.

3. When denunciation contents are concluded untrue, the agencies, organizations or individuals competent to settle denunciations shall publicize such conclusions and handle or propose competent bodies to handle the persons who deliberately make untrue denunciations, if it is so requested by the denounced persons.

Article 44.- Handling of violations related to reception, handling and settlement of denunciations

1. Those who have the responsibility to receive denunciations but decline to receive them, deliberately delay or fail to transfer them to agencies, organizations or individuals competent to settle denunciations shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability.

2. Those who have the responsibility to settle denunciations but decline to handle them, fail to settle them shall, depending on the nature and severity of their violations, be disciplined; if deliberately acting in contravention of the Anti-Corruption Law’s provisions on denunciations and handling of denunciations, this Decree and the law on denunciations for personal purposes, they shall be considered failing to perform their tasks and official duties for self-seeking interests as provided for in Clause 11, Article 3 of the Anti-Corruption Law and shall be disciplined or examined for penal liability in accordance with law.

Section 2. PROTECTION AND COMMENDATION OF DENOUNCERS

Article 45.- Prohibited acts and handling of violations

1. The following acts are strictly prohibited:

a/ Threatening or infringing upon the lives, health, property, honor or dignity of denouncers or their relatives;

b/ Threatening or infringing upon the legitimate rights and interests, business or professional activities of denouncers or their relatives;

c/ Hindering, causing difficulties to the exercise of legitimate rights and interests of denouncers in raising salary grades or ranks, allowances, commendation, appointment and the exercise of other legitimate rights and interests of denouncers or their relatives;

d/ Discriminating, inciting others to obstruct the performance of tasks or official duties by denouncers or their relatives;

e/ Illegally disciplining or moving denouncers or their relatives to other jobs with the motivation of retaliation.

2. Those who perform acts specified in Clause 1 of this Article shall, depending on the nature and severity of such acts, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they must pay compensations therefor in accordance with law.

Article 46.- Rights, obligations and responsibilities of corruption denouncers

1. Denouncers who offer bribes but take initiative in making denunciations and reports before their acts of bribe offering are detected shall have their bribery properties returned.

2. Denouncers are entitled to request competent agencies or organizations to apply necessary measures to prevent acts of violating or infringing upon their legitimate rights and interests when they are intimidated, retaliated or repressed.

3. Denouncers are obliged to give truthful denunciations, to supply sufficient information they have obtained and to cooperate with agencies, organizations or individuals competent to settle denunciations.

4. If denouncers take advantage of their right to denunciations to cause disturbances, to make untrue denunciations, to infringe upon the honor, dignity or prestige of agencies, organizations or individuals, they shall, depending on the nature and severity of their acts, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they must pay compensations therefor in accordance with law.

Article 47.- Responsibilities of agencies, organizations, units and individuals in protection of corruption denouncers

1. Agencies, organizations and individuals receiving or handling denunciations shall apply necessary measures to keep secret the denouncers, not disclosing their full names, addresses and hand-writings and other information related to them.

2. Agencies, organizations, units and individuals, that receive requests of denouncers or their relatives who are intimidated, retaliated or repressed, shall promptly apply or request competent agencies or organizations to apply measures to protect denouncers and their relatives as follows:

a/ To protect the lives, health, property, honor and dignity of denouncers and their relatives;

b/ To stop or suspend administrative decisions, stop illegal administrative acts motivated by retaliation or repression, causing damage or threatening to cause damage to denouncers and their relatives;

c/ To handle or request competent bodies to handle in a timely and strict manner acts of intimidating, retaliating or repressing denouncers and their relatives.

Article 48.- Commendation of corruption denouncers

Persons who make honest denunciations or actively collaborate with competent agencies, organizations or individuals in detecting, preventing and handling corruption acts may be awarded diplomas of merit or letters of commendation by competent agencies, organizations or units and be considered for rewards.

Chapter VI

FORMULATION AND IMPLEMENTATION OF REGIMES, NORMS, CRITERIA

Article 49.- Formulation, promulgation and implementation of regimes, norms and criteria

1. Heads of state agencies competent to formulate, promulgate regimes, norms and criteria have the responsibilities:

a/ To organize and direct the publicity of regimes, norms and criteria promulgated by agencies under their respective management;

b/ Based on the regimes, norms and criteria promulgated by agencies under their management, to guide agencies, organizations and units in formulating, promulgating, publicizing and implementing the regimes, norms and criteria applicable to those agencies, organizations and units;

c/ To be answerable before law for acts of violating the regulations on formulating, promulgating, publicizing and guiding the implementation of regimes, norms and criteria in accordance with the Anti-Corruption Law, this Decree and other legal documents on regimes, norms and criteria.

2. Heads of agencies, organizations or units shall organize, direct, inspect and urge the formulation, promulgation, publicity and implementation of regimes, norms and criteria applicable to their respective agencies, organizations or units.

Article 50.- Handling of violations of provisions on regimes, norms, criteria

1. Those who commit acts of violating the provisions on regimes, norms and criteria shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability in accordance with law.

2. Those who direct, permit or propose the use in excess of regimes, norms or criteria, shall, depending on their respective liabilities, pay compensations for the value of the portions used in excess; persons who use in excess of regimes, norms or criteria shall bear joint responsibility to compensate the value of the portions used in excess.

3. Those who direct, permit or propose the application of norms and technical-economic norms lower than the prescribed levels for self-seeking interests shall, depending on the extent of their liability, pay compensation for the value of the lower portions; persons benefiting from the implementation of lower regimes, norms, technical-economic criteria shall bear joint responsibility to compensate the damage or remedial expenses.

Chapter VII

OTHER PROVISIONS

Article 51.- Renewal of payment modes and management of revenue and expenditure in cash by cadres and public servants

1. The Government shall apply financial and technological solutions to proceed to the target that all expenditures by persons with positions and powers defined at Points a, b and c, Clause 3, Article 1 of the Anti-Corruption Law and other transactions with the use of state budget must be effected via bank accounts.

2. The Finance Minister assumes the prime responsibility for, and coordinate with the State Bank of Vietnam Governor and the Minister of Home Affairs in, formulation of schemes for management of incomes and expenditures of cadres, public servants through personal accounts.

Article 52.- International cooperation on corruption prevention and fighting

1. The projects on international cooperation on corruption prevention and fighting specified in Clause 1, Article 90 of the Anti-Corruption Law must be commented by the Government Inspectorate, the Ministry of Public Security, the Ministry of Justice, the Ministry of Foreign Affairs before they are submitted to competent bodies for approval.

2. The results of operations of these projects must be reported to the Central Steering Committee for Corruption Prevention and Fighting, the Prime Minister and sent to the Government Inspectorate for loading into the general system of data on corruption prevention and fighting defined in Article 25 of this Decree.

3. The activities of legal assistance, extradition and property recovery defined in Clause 2, Article 90 of the Anti-Corruption Law must be reported to the Central Steering Committee for Corruption Prevention and Fighting.

Article 53.- Commendation and reward on corruption prevention and fighting

1. The reward funds for corruption prevention and fighting shall be set up to reward agencies, organizations and individuals that record achievements in preventing, detecting and handling corruption.

2. The reward funds for corruption prevention and fighting shall be formed from state budget allocations, deductions from properties recovered from corruption cases and contributions of organizations and individuals.

3. The management and use of reward funds for corruption prevention and fighting shall be performed by the Central Steering Committee for Corruption Prevention and Fighting in accordance with the law on state budget.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 54.- Effect

This Decree takes effect 15 days after its publication in “CONG BAO.”

Article 55.- Implementation responsibilities

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and presidents of provincial/municipal People’s Committees shall implement this Decree.

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