Chapter IV
RESPONSIBILITY OF HEADS OF STATE ORGANIZATIONS FOR ANTI-CORRUPTION ACTIVITIES
Article 70. Responsibility of heads of state organizations for anti-corruption activities
1. Provide instruction for implementation of Clause 1 Article 4 of this Law.
2. Become a role model of integrity; comply with regulations of law on anti-corruption, code of conduct, professional ethics and business ethics.
3. Take responsibility for corrupt activities in their organizations in accordance with Article 72 and Article 73 of this Law.
Article 71. Responsibility of heads of state organizations for suspension and reassignment of personnel thereof
1. When there are sufficient grounds that an office holder is involved in corrupt activities and the fact that such office holder keeps holding his/her position is likely to obstruct investigation, the head of the state organization shall request a competent person to or on his/her own initiative suspend or reassign that office holder.
2. The head of a state organization or the person in charge of office holder management shall consider suspending or reassigning office holders that are suspected of corrupt activities at the request of the inspecting or auditing authority, investigation agency, the People’s Procuracy or People’s Court.
3. If the competent organization or person concludes that the office holder is not involved in corrupt activities, the head of a state organization or the person in charge of office holder management shall invalidate the decision on suspension or reassignment of such office holder, announce such invalidation, restore the position, the lawful rights and interests of the office holder.
4. The government shall elaborate procedures for and duration of suspension or reassignment; payment of wages, benefits, the lawful rights and interests, compensation and restoration of the lawful rights and interests of officer holders that are found not involved in corrupt activities.
Article 72. Responsibility of the heads and deputies of state organizations for corrupt activities that occur within their organizations
1. The head of a state organization shall bear the direct responsibility for corrupt activities of the persons under his/her management.
2. The deputies of a state organization shall bear the prime responsibility for corrupt activities in their fields and units; the head shall bear joint responsibility.
Article 73. Penalties incurred by the heads and deputies of state organizations in which corrupt activities occur
1. The head and deputies of a state organization that has direct responsibility for the corrupt activities specified in Article 72 of this Law shall face disciplinary actions or criminal prosecution.
2. The head and deputies of a state organization that has joint responsibility for the corrupt activities specified in Clause 2 Article 72 of this Law shall face disciplinary actions.
3. Absolution, alleviation and aggravation of legal responsibility of the head and deputies:
a) Absolution of responsibility will be granted if the corrupt activities cannot be discovered or necessary measures have been implemented for prevention of corrupt activities;
b) Absolution or alleviation of responsibility shall be granted if necessary measures have been implemented for prevention of corrupt activities or relief of consequences thereof, or the corrupt activities are discovered, reported and dealt with in a timely manner as prescribed by law;
c) Exemption or reduction of penalties shall be granted if the responsible person resigns from office before the corrupt activities are discovered by a competent authority, unless they are subject to criminal prosecution;
d) Responsibility shall be aggravated if necessary measures are not implemented for prevention of corrupt activities or relief of consequences thereof, or the corrupt activities are not discovered, reported and dealt as prescribed by law.
4. The heads and deputies of political organizations, socio-political organizations and social organizations that have corrupt activities, in addition to the disciplinary measures mentioned in this Article, shall face other penalties specified in the rules and regulations of such organizations.
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Luật Phòng, chống tham nhũng 2018 (Bản Word)
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