Chapter V
ORGANISATION, RESPONSIBILITIES AND COORDINATION ACTIVITIES OF INSPECTORATES, THE STATE AUDIT, INVESTGATING BODIES, PROCURACIES, COURTS AND CONCERNED AGENCIES, ORGANISATIONS AND UNITS IN CORRUPTION PREVENTION AND COMBAT
Section 1. ORGANISATION, DIRECTION, COORDINATION AND RESPONSIBILITIES IN THE WORK OF CORRUPTION PREVENTION AND COMBAT
Article 72.- Responsibilities of heads of agencies, organisations or units in corruption prevention and combat
1. Heads of agencies, organisations or units have the responsibility to apply the provisions of this Law and other relevant legal provisions to organising corruption prevention and combat in their respective agencies, organisations or units.
2. Heads of agencies, organisations or units shall be answerable to their immediate superior agencies, organisations or units for corruption prevention and combat in their respective agencies, organisations or units.
Article 73.- Steering Committee for Corruption Prevention and Combat
1. The Central Steering Committee for Corruption Prevention and Combat shall be headed by the Prime Minister and have the responsibility to direct, coordinate, inspect and urge activities of corruption prevention and combat nationwide. The Central Steering Committee for Corruption Prevention and Combat shall be assisted by standing sections operating on a full-time basis.
2. The organisation, tasks, powers and operation regulations of the Central Steering Committee for Corruption Prevention and Combat shall be defined by the National Assembly Standing Committee at the proposal of the Prime Minister.
Article 74.- Supervision of the work of corruption prevention and combat
1. The National Assembly, the National Assembly Standing Committee shall supervise the work of corruption prevention and combat nationwide.
2. The Nationality Council and Committees of the National Assembly shall, within the ambit of their respective tasks and powers, supervise corruption prevention and combat work in the domains under their respective charge.
The Law Committee of the National Assembly shall, within the ambit of its tasks and powers, supervise the detection and handling of corrupt acts.
3. People's Councils at all levels shall, within the ambit of their respective tasks and powers, have the responsibility to supervise corruption prevention and combat work in their respective localities.
4. The National Assembly deputies' delegations, the National Assembly deputies, the People's Council deputies shall, within the ambit of their respective tasks and powers, supervise the observance of legal provisions on corruption prevention and combat.
Article 75.- Specialised anti-corruption units
1. The Government Inspectorate, the Ministry of Public Security and the Supreme People's Procuracy shall each have a specialised anti-corruption unit.
2. The organisation, tasks and powers of specialised anti-corruption units defined in Clause 1 of this Article shall be stipulated by the National Assembly Standing Committee and the Government.
Article 76.- Responsibilities of the Government Inspectorate
Within the ambit of its tasks and powers, the Government Inspectorate shall have the following responsibilities:
1. To organise, direct and guide the inspection of the observance of legal provisions on corruption prevention and combat; in case of detection of corrupt acts, to request competent agencies or organisations to handle them;
2. To build-up systems of general data on corruption prevention and combat.
Article 77.- Responsibilities of the State audit
The State audit shall, within the ambit of its tasks and powers, have the responsibility to organise the audit in order to prevent and detect corruption; in case of detecting corrupt acts, it shall request competent agencies or organisations to handle them.
Article 78.- Responsibilities of the Ministry of Public Security, the Ministry of Defense
The Ministry of Public Security and the Ministry of Defense shall, within the ambit of their respective tasks and powers, have the responsibility to organise and direct the investigation of corruption-related crimes.
Article 79.- Responsibilities of the Supreme People's Procuracy, the Supreme People's Court
1. The Supreme People's Procuracy shall have the responsibility to organise and direct the prosecution of corruption-related crimes; control activities of investigation, adjudication and judgment execution against corruption-related crimes.
2. The Supreme People's Court shall have the responsibility to adjudicate, and direct the adjudication of, corruption-related crimes.
Article 80.- Coordination of activities among inspectorates, the state audit, investigating bodies, procuracies, courts
Inspectorates, the state audit, investigating bodies, procuracies and courts shall have the responsibility to coordinate with one another in corruption prevention and combat according to the following contents:
1. Regularly exchanging information, documents and experiences in the work of corruption prevention and combat;
2. Transferring corruption case files to competent state bodies for handling;
3. Summing up, assessing and forecasting the corruption situation and proposing policies and measures to prevent and combat corruption.
Article 81.- Working coordination between inspectorates, the state audit and investigating bodies
1. Where inspectorates or the state audit transfer corruption case files to investigating bodies, the latter must receive them and settle the cases according to the provisions of criminal procedure law.
2. If disagreeing with the settlement by investigating bodies, the inspectorates or the state audit shall have the right to notify the procuracies of the same level and the superior investigating bodies thereof.
Article 82.- Working coordination between inspectorates, the state audit and procuracies
1. Where corruption case files are transferred to investigating bodies, inspectorates and the state audit shall have to notify the procuracies of the same level for control thereof.
2. Where inspectorates or the state audit transfer corruption case files to procuracies, the latter must consider and handle them, then notify the handling results in writing to the file-transferring agencies.
Section 2. INSPECTION OF ANTI-CORRUPTION ACTIVITIES IN INSPECTORATES, THE STATE AUDIT, INVESTIGATING BODIES, PROCURACIES, COURTS
Article 83.- Inspection of anti-corruption activities of officials and public employees of inspectorates, the state audit, investigating bodies, procuracies, courts
1. The inspectorates, the state audit, investigating bodies, procuracies and courts must take inspecting measures to prevent and stop acts of abusing powers, misusing authority and/or harassment of their respective officials and employees in anti-corruption activities.
2. Heads of inspectorates, the state audit, investigating bodies, procuracies, courts must enhance the management of their officials and employees; direct the internal inspection and examination in order to prevent acts of law violation in anti-corruption activities.
3. Officials and public employees of inspectorates, the state audit, investigating bodies, procuracies, court who commit acts of law violation in anti-corruption activities shall, depending on the nature and seriousness of their violations, be disciplined for penal liability.
Article 84.- Settlement of denunciations against officials and/or public employees of inspectorates, the state audit, investigating bodies, procuracies, courts.
In case of denunciation of acts of law violation in anti-corruption activities, committed by inspectors, auditors, investigators, procurators, judges, jurors, court clerk or other officials and public employees of inspectorates, the state audit, investigating bodies, procuracies, courts, the heads of such agencies must settle them according to their competence or propose competent agencies, organisations or individuals to settle them.
The denunciation-settling results must be made public.
Tìm kiếm
Luật phòng, chống tham nhũng 2005 (Bản Word)
Luật phòng, chống tham nhũng 2005 (Bản Pdf)