Chapter III
DISCOVERY OF CORRUPTION IN STATE ORGANIZATIONS
Section 1. INSPECTION AND SELF-INSPECTION BY STATE ORGANIZATIONS
Article 55. Inspection by regulatory authorities
1. The head of a regulatory authority shall organize inspection of conformity with law of the state organizations under its management in order to discover and take actions against corruption.
2. Upon discovery of corruption, the head of the regulatory authority shall promptly take appropriate actions within the scope of his/her power or inform a competent authority as prescribed by law.
Article 56. Self-inspection by state organizations
1. The head of a state organization shall organize inspection of the performance of duties of the office holders under its management and those who have influence over external organizations or individuals in order to discover and take actions against corruption.
2. The head of the state organization shall supervise its affiliates inspecting the performance of duties of their office holders.
3. Upon discovery of corruption, the head of the state organization shall promptly take appropriate actions within the scope of his/her power or inform a competent authority as prescribed by law.
Article 57. Inspection of anti-corruption activities in inspection agencies, state audit agencies, investigation agencies, the People’s Procuracies, People’s Courts
1. The heads of inspection agencies, state audit agencies, investigation agencies, the People’s Procuracies, People’s Courts shall enhance personnel management, provide instructions on internal inspection in order to prevent abuse of power, harassment and other violations of law during anti-corruption activities.
2. Any officials, public employees and other office holders of inspection agencies, state audit agencies, investigation agencies, the People’s Procuracies, People’s Courts that have committed violations of law during the performance of their anti-corruption tasks shall face disciplinary actions or criminal prosecution depending on the nature and severity of their violations, and shall pay compensation for any damage caused.
Article 58. Types of inspection
1. Regular inspections shall be carried out under programs or plans and focus of the fields and activities in which corruption is common.
2. Ad hoc inspections shall be carried out when signs of corruption are found.
Section 2. DISCOVERY OF CORRUPTION THROUGH SUPERVISION, INSPECTION OR AUDIT
Article 59. Discovery of corruption through supervision by elected agencies, elected delegates and processing of requests thereof.
1. The National Assembly, Standing Committee of the National Assembly, Ethnicity Council, Committees of the National Assembly and delegates of the National Assembly, the People’s Councils, and Standing Committees, Boards and delegates thereof shall request an inspection agency, state audit agency, investigation agency or the People’s Procuracy to take actions against corruption cases discovered through supervision as prescribed by law.
2. When receiving the request mentioned in Clause 1 of this Article, the receiving authority shall verify information, take appropriate actions and inform the result to the requesting entity.
3. After receiving the request mentioned in Clause 1 of this Article, State Audit Office of Vietnam shall carry out an audit in accordance with the Law on State Audit Office of Vietnam and inform the result to the requesting entity.
Article 60. Discovery of corruption through inspection or audit
1. Inspection authorities and state audit agencies shall take or propose actions against corruption acts that are discovered through their inspection and audit activities, and take legal responsibility for their decisions.
2. Government Inspectorate, ministerial inspectorates, provincial inspectorates and State Audit Office of Vietnam, within the scope of their power, shall issue decisions on inspection or audit of the corruption cases on the grounds prescribed by the Law on Inspection and the Law on State Audit Office of Vietnam.
Article 61. Power of inspection agencies and state audit agencies to inspect and audit corruption cases
1. Inspection agencies, during inspection of corruption cases, have the following entitlements:
a) Government Inspectorate shall inspect corruption cases that involve holders of positions of directors of provincial departments and above who are working at Ministries, ministerial agencies, Governmental agencies, local governments, public service agencies, organizations established by the Prime Minister, state-owned enterprises under the management of central agencies and personnel of the Government Inspectorate;
b) Ministerial inspectorates shall inspect corruption cases that involve personnel of the organizations and units under the management of the Ministry or ministerial agency, except for the cases specified in Point a of this Clause;
c) Provincial inspectorates shall inspect corruption cases that involve personnel of organizations, units and state-owned enterprises under the management of the local government, except for the cases specified in Point a of this Clause.
2. Affiliates of State Audit Office of Vietnam shall audit corruption cases at organizations using public funds or public property as assigned by State Auditor General.
3. Procedures for inspection and audit of corruption cases shall comply with regulations of law on official inspection and state audit.
4. Inspector-General of the Government and State Auditor General shall cooperate in eliminate repetition in inspection and audit of corruption cases.
Article 62. Responsibility for handling corruption cases discovered through inspection or audit
In the cases where a corruption case that is discovered through inspection or audit, the person who issued the decision on inspection or audit shall perform the following tasks:
1. If a criminal offence is suspected, the case files shall be transferred to an investigation agency, which will consider initiating criminal prosecution, and send a written notice to the People’s Procuracy at the same level. In this case, the inspecting or auditing authority shall keep carrying out the inspection or audit of other contents under their approved inspection or audit plan, and issue an inspection conclusion or audit report in accordance with regulations of lawsoft on state audit and official inspection;
2. If there is not sign of a criminal offence, request a competent authority to take actions against the violators. The requested authority shall inform the requesting entity of the actions taken.
Article 63. Publishing of inspection conclusion and audit report in corruption cases
1. The issuer of the decision on inspection or audit shall publish the inspection conclusion and audit report in corruption cases.
2. The inspection conclusion and audit report shall be published in accordance with regulations of law on state audit and official inspection.
Article 64. Actions against violations committed during inspection and audit
1. In the cases where another authority, after the end of the inspection or audit, discovers a corruption case in the inspected or audited organization or unit, the chief of the inspectorate or audit group, its members and relevant individuals shall face disciplinary actions or criminal prosecution if they are at fault.
2. If the corruption case has been discovered and reported by the inspectorate or audit group but the issuer of the decision on inspection or audit does not take any actions, the chief of the inspectorate or audit group, its members and relevant individuals are not responsible. In this case, the issuer of the decision on inspection or audit shall be held responsible.
Section 3. REPORTING CORRUPTION
Article 65. Reporting corruption and processing complaints against corrupt activities
1. Every individual and organization is entitled to report corrupt activities; every individual is entitled to file complaint against corrupt activities as prescribed by law.
2. The receiving authority shall promptly process the information and implement measures for protecting the informers.
3. Complaints against corrupt activities shall be received and handled in accordance with regulations of law on denunciation.
4. Information about corrupt activities shall be received and handled in accordance with regulations of law on administrative procedures.
Article 66. Reporting corruption and processing of information about corruption
1. Officials, public employees, employees, officers and servicemen in the armed forces shall report corrupt activities in their organizations or units to the head of the organization or unit; if the head is also involved in the corrupt activities, report to the head of the superior organization.
2. Within 15 days from the receipt of the information about corrupt activities, the recipient shall handle the case or transfer it to a competent organization or person for handling and notify the informer. In complicated cases, the aforementioned time limit may be extended but not extending 30 days. The recipient may decide or request a competent person to implement necessary measures for stopping the corrupt activities and protect the informer.
Article 67. Protection of anti-corruption informers
1. Protection of anti-corruption informers shall comply with regulations of law on denunciation.
2. Anti-corruption informer shall be protected in the same manners as anti-corruption informers.
Article 68. Rewards for anti-corruption informers
Anti-corruption informers shall be rewarded as prescribed by law.
Article 69. Responsibilities of anti-corruption informers and complainants
1. Anti-corruption informers are legally responsible for the information they provided.
2. Individuals who file complaints against corrupt activities are responsible for such complaints in accordance with the Law on Denunciation.
Tìm kiếm
Luật Phòng, chống tham nhũng 2018 (Bản Word)
Luật Phòng, chống tham nhũng 2018 (Bản Pdf)