Luật phòng, chống tham nhũng sửa đổi bổ sung năm 2012 số 2012 -27/2012/QH13

LAW

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE ANTI-CORRUPTION LAW

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of the Anti-Corruption Law No.55/2005/QH11, which was amended and supplemented a number of articles under the Law No. 01/2007/QH12,

Article 1.

To amend and supplement a number of articles of the anti-corruption Law:

1. Clause 2 Article 12 is amended and supplemented as follows:

“2. Where the publicity form are not provided for by law, heads of agencies, organizations or units shall have to implement one or a number of publicity forms specified in points b, c, d, dd and e Clause 1 of this Article. In addition to, heads of agencies, organizations or units may select one or a number of publicity forms specified in point a, point g Clause 1 of this Article.”

2. Point b Clause 2 Article 13 is amended and supplemented as follows:

“b) List of projects implementing direct appointment for contractor, reason of direct appointment for contractor, information of appointed bidder; List of projects implementing restricted bidding, shortlist of bidders participating in restricted bidding, reason of restricted bidding, results of contractor selection;”

3. Article 14 is amended and supplemented as follows:

“Article 14. Publicity and transparency in management of construction investment projects

1. In management of construction investment projects, the following content must be public and transparent:

a) Reports on pre-feasibility, Reports on feasibility, reports on assessment of socio-economic impacts; targets, anticipation of result, groups of main activities and objects enjoyed during making project;

h) Decision on approving project, plan on project implementation;

c) Report on progress, report on result of project implementation, report on assessment of project implementation and report of ending project.

2. Construction investment planning projects must be collected opinion of local people in planned area for contents specified in point a clause 1 this Article and after being approved, contents specified in point b and point c clause 1 this Article must be publicized.  

3. Construction investment projects from local budget must be considered, decided by People’s Council. 

4. Construction investment projects, after being decided, approved, must be publicized contents specified in point b and point c clause 1 this Article for supervision of people.” 

4. To supplement Clause 7 Article 15 as follows:

“7. Tax agencies, customs agencies and other agencies, organizations, units, which have collection of charges, fees, must publicize basis of calculation of collection level, real collected amounts, objects being exempted, reduced and basis of exemption, reduction of collection amounts for budget." 

5. Article 18 is amended and supplemented as follows:

“Article 18. Publicity and transparency in management of state enterprises

1. The state enterprises shall have the responsibility to publicize the following contents:

a) State's capital and assets invested in enterprise;

b) Their capital and assets invested in subsidiary companies, associate companies;

c) Investments apart from the main business lines;

d) Preferential loan capital;

dd) Financial statement and audit report;

e) Formulation and use of their fund;

g) Appointment of leading and managerial officials; 

h) Full name, duty, salary and other incomes of persons in Members' Council, Board of Directors, Director General, Deputy Director General, Director, Deputy Director, Controllers, Chief accountant.

2. Annually, state enterprises established by the Prime Minister must report in writing to the Ministry of Finance, Ministry of state management on main business lines and the Government inspectorate on contents specified in clause 1 this Article.

Annually, state enterprises established by Ministers must report in writing to the Ministry of Finance, Ministry of state management on main business lines and the Government inspectorate and inspectorate of Ministry in charge on contents specified in clause 1 this Article.

Annually, state enterprises established by the Presidents of the People’s Committee of central-affiliated cities and provinces must report in writing to the Department of Finance, Department of state management on main business lines and the inspectorate of central-affiliated cities and provinces on contents specified in clause 1 this Article.

6. Clause 1 and clause 2 Article 19 is amended and supplemented as follows:

“1. The equitization of state enterprises must be public and transparent; must not be conducted in a self-contained manner within the enterprises.   Equitised enterprises shall have to publicize their financial statement, audit report, plan on their equitization.

2. Agencies appointing representative for capital part of state in enterprises shall publicize the values of equitized enterprises and the adjustment (if any) of enterprise value.”

7. Article 21 is amended and supplemented as follows:

“Article 21. Publicity and transparency in natural resource and environment field

1. In land field, the following content must be public and transparent:

a) Zoning and plan on land use. In the process of elaborating and adjusting detailed land use zonings and/or plans, the elaborating agencies or organizations must publicly announce such to people of the localities where the zonings and adjustments are made;

b) Detailed land use zonings and plans, land recovering, the ground clearance, the compensation levels, and resettlement upon recovering land after being decided, approved or adjusted by competent state bodies, must be made public;

c) Orders of, procedures for, competence and grant of certificate of land use right; detailed zoning and division of residential land lot, objects be assigned land to build dwelling house;

d) Financial revenues for the State budget from of land management and use, and amounts of exemption, reduction of land use levies, land rents.

2. in mineral and water resources field, the following content must be public and transparent:

a) Mineral zonings;

b) Orders of, procedures for, competence and grant, extension, withdrawal of licenses on mineral activities, procedures for appraisal, approval of mineral reserves, closure of mineral mines;

c) Auction of right of mineral exploitation and zoning banned areas, areas temporarily-banned for mineral activities and revenues of budget from management, exploitation, use of minerals;

d) Orders of, procedures for, competence and grant, extension, withdrawal of licenses on exploration, exploitation, use of water resources, discharge of sewage in water sources.

3. In environmental state management, the following content must be public and transparent:

a) Practicing conditions and procedures for making dossiers, registration, grant of practicing permits, number code of waste management;

b) Orders of, procedures for appraisal and approval of report on assessment of environment impacts; decision on approval of report on assessment of environment impacts;

c) Zoning on collecting, recycling, treating waste.”

8. Clause 2 and clause 3 Article 23 is amended and supplemented as follows:

“2. Agencies managing education must publicize management, use of budget and assets of state, material facilities, staff of cadres, civil servants, public employees and financial source for educational activities; assistances, investments for education and other revenues as prescribed by law. 

The public educational facilities must publicize commitment of educational quality and result of testing educational quality; conditions to ensure educational quality; collection, management and use of tuition, enrollment fee, revenues from advisory and technology transfer activities, assistances, investments for education and other revenues, financial expenditures as prescribed by law.”

9. To supplement Article 26a to behind Article 26 as follows:

“Article 26a. Publicity and transparency in culture, information and communication field

In culture, information and communication field land field, the following content must be public and transparent:

1. Formulation, approval of zoning, plans on culture, information and communication;

2. Orders of, procedures for, competence, grant, extension and withdrawal of permits of operation in culture, information and communication field."

10. To supplement Article 26b to behind Article 26a as follows:

“Article 26b. Publicity and transparency in agricultural and rural development field

In agricultural and rural development field, the following content must be public and transparent:

1. The incentive policies on agriculture, forestry, fishery and programs on agriculture and rural development;

2. The zoning, plans on forest development; conditions, orders, procedures for assigning forest, hiring forest, withdrawing forest, transfer purpose of forest use, registering forest use right;

3. Orders of, procedures for, competence of and  grant, withdrawal of business permit of plant protection drugs, veterinary drugs, exploitation, processing of agricultural, forestry and aquatic products, sea products.”

11. To supplement Article 26c to behind Article 26b as follows:

“Article 26c. Publicity and transparency in implementation of social security social policies  

In implementation of social security policies, the following content must be public and transparent:

1. Conditions, standards of beneficiaries, level of benefits; orders of, procedures for, competence of implementation of policies, law on social insurance, health insurance, social relief, preferential for meritorious persons; 

2. Implementation of policies, law on social insurance, health insurance, social relief, preferential for meritorious persons.”

12. To supplement Article 26d to behind Article 26c as follows:

“Article 26d. Publicity and transparency in implementation of ethnic policies  

In implementation of ethnic policies, the following content must be public and transparent:

1. Conditions, standards of beneficiaries, level of benefits; orders of, procedures for, competence of implementation of ethnic policies in difficult or special difficult areas of ethnic minority groups;

2. Implementation of programs, projects in difficult, special difficult areas of ethnic minority groups;

3. Report of result of ethnic policy implementation.”

13. Clause 2 Article 27 is amended and supplemented as follows:

“2. Documents, decision below must be publicized, unless otherwise prescribed by law:

a) Inspection decision, inspection result, decision on inspection handling;

b) Decision on complaint handling;

c) Conclusion on denunciation, decision on handling of the denounced acts of violations;

d) Audit report; report on implementation of conclusion, proposals of the state audit.”

14. Article 30 is amended and supplemented as follows:

“Article 30. Publicity and transparency in organisational and personnel work

In organisational and personnel work, the following content must be public and transparent:

1. The recruitment of cadres, civil servants, public employees and other employees into agencies, organisations and units;

2. The planning on, training, fostering, assessment of cadres, civil servants, public employees;  

3. The appointment, relieve of duty, remove from office, dismissal, job discontinuation, discontinuation of holding a position or title, retirement of cadres, civil servants, public employees;

4. The rank transfer, rank promotion, rotation, appointment, temporary assignment of cadres, civil servants, public employees;

5. The salary increase, reward, commendation, discipline of cadres, civil servants, public employees and other employees;

6. The establishment, merger, split, dissolution of affiliated units.”

15. Clause 3 Article 32 is amended and supplemented as follows:

“3. Within ten days as from the date of receiving the requests, the requested persons shall have to supply information, in cases if they can not supply information yet, or the requested contents already publicized, they must give replies to the requesting persons.”

16. To supplement Article 32a to behind Article 32 as follows:

“Article 32a. The responsibilities for explanation  

1. When having requests, the competent state agencies must have explanation on their decisions, acts in implementation of the assigned duties and powers with the agencies, organizations, individuals whose lawfull rights and benefits are influenced directly by such decisions, and acts.

2. The Government shall detail responsibilities of agencies having obligation in the explanation; orders of and procedures for explanation.”

17. To supplement Article 46a to behind Article 46 as follows:

“Article 46a. The publicity of asset declarations  

The publicity of asset declarations of persons having obligation to declare is implemented as follows:

1. The asset declarations of persons having obligation to declare must be publicized in agencies, organizations, units where such persons often works.

The persons competent to manage cadres, civil servants, public employees shall decide publicity by form of announcement in meetings or posting up the declaration at the head office of agencies, organizations, units. The publicity shall be implemented from January 01 to March 31 of every year. In case of publicity by form of posting up, it must ensure the minimum time of continuous thirty days;

2. The asset declaration of persons being a candidate in the election of National Assembly’s delegates, People’s Councils’ delegates must be publicized at conference of voters where such persons are working.   Time, form of publicity are implemented as prescribed by the Councils of election;

3. The asset declaration of persons anticipated to be voted, approved at National Assembly, People’s Councils must be publicized with National Assembly’s delegates, People’s Councils’ delegates at the sessions.  Time, form of publicity are implemented as prescribed by the National Assembly Standing Committee; the standing bodies of People’s Council.”

18. To supplement Article 46b to behind Article 46a as follows:

“Article 46b. The obligation for explanation on source of increased assets

1. The asset declarers have obligation for explanation on source of the increased asset part specified in clause 2 Article 44 of this Law.

2. The Government shall stipulate value of the increased assets and defining of the increased assets, competence of requesting for explanation, responsibilities of persons conducting explanation, orders of and procedures for explanation.”  

19. Article 47 is amended and supplemented as follows:

“Article 47. Verification of assets

1. Grounds for verification of assets include:

a) There are denunciations regarding dishonesty in asset declaration of persons having obligation to declare;

b) When considering that it needs have more information to service for election, appointment, dismissal, relieve of duty, remove from office, or discipline of persons having obligation to declare their assets;

c) When there are grounds for presuming that the explanation on source of the increased assets is not rational;

d) When there are request of competent agencies, organizations, individuals specified in Article 47a of this Law.

2. When there is one of grounds specified in clause 1 of this Article, persons competent to management of cadres, civil servants, public employees who have obligation for asset declaration shall issue decision on verification of assets.” 

20. To supplement Article 47a to behind Article 47 as follows:

“Article 47a. The competence of request for verification of assets

1. When there is one of grounds specified in points a, b and c clause 1 Article 47 of this Law, the agencies, organizations, individuals below have right to request persons competent to management of cadres, civil servants, public employees to issue decision on verification of assets:

a) The National Assembly Standing Committee, the Standing Bodies of People’s Councils have right to request verification of assets for persons anticipated to be voted or approved by National Assembly, People’s Councils;

b) The standing bodies of political organizations, socio-political organizations have right to request for verification of asets of persons anticipated to be voted at congress of political organizations, socio-political organizations;

c) The Prime Minister, the Presidents of the provincial, district-level People’s Committee have right to request for verification of assets of persons anticipated to be voted by People’s Councils;

d) The Election Council, Election Committee, or fatherland Front Committee have right to request verification of assets of persons being candidate in the election of National Assembly’s delegates, People’s Councils’ delegates;

dd) The State president has right to request verification of assets of persons anticipated to be appointed as deputy prime minister, ministers, Heads of ministerial-level agencies, deputy-chief judges of the Supreme People’s Court, Justices of the Supreme People’s Court, deputy-Chief Procurator of the Supreme People’s Procuracy, procurators  of the Supreme People’s Procuracy;

e) The National Assembly Standing Committee has right to request for verification of assets of persons anticipated to be appointed as deputy head of State Auditor General.

2. Agencies of state inspectorate, audit, investigation agencies, People’s Procuracies and other competent agencies, organizations have right to request for verification of assets if in the course of inspection, checking, audit, investigation, control, there are conclusions on duty of persons having obligation for the asset declaration relating to corrupt acts.”     

21. To supplement Clause 6 Article 48 as follows:

“6. the Government shall detail orders of and procedures of verification of assets."

22. To supplement Article 53a to Item 5, Chapter II in front of Article 54 as follows:

“Article 53a. The duties of heads of agencies, organizations units in temporary work suspend, temporary transfer to other working position for cadres, civil servants, public employees

1. When there are grounds for presuming that cadres, civil servants, or public employees having acts of violating law related to corrupt, heads of agencies, organizations, units shall, under their authority or request of persons competent to management of cadres, civil servants, or public employees, temporarily suspend work or temporarily transfer to other working position for cadres, civil servants, or public employees in order to verify, make clearly corrupt acts if considering that in case such persons continue working, it may cause difficulties for consideration, handling.

2. The heads of agencies, organizations, units or persons competent to management of cadres, civil servants, or public employees must consider the temporary work suspend or temporary transfer to other working position for cadres, civil servants, or public employees, when receiving requests of agencies of  inspectorate, state audit, agencies of investigation, People's Procuracies, if in course of inspection, audit, investigation, control, they detect that there are grounds for presuming that such persons have corrupt acts, aiming to verify, make clearly corrupt acts.     

3. The heads of agencies, organizations, units or persons competent to management of cadres, civil servants, or public employees must cancel decision and notify in public on cancellation of decision on temporary work suspend or temporary transfer to other working position and recover lawfull rights and benefits of cadres, civil servants, or public employees with all cadres, civil servants, or public employees, after competent agencies conclude that such persons have no act of corrupt.  

4. The Government shall detail orders of, procedures for, duration of the temporary work suspend or temporary transfer to other working position; enjoyment of salaries, allowances, other rights and benefits, and compensation, recovery of lawfull rights and benefits of cadres, civil servants, or public employees, after competent agencies or organizations concluded that such persons have no act of corruption.” 

23. Clause 4 Article 55 is amended and supplemented as follows:

“4. Inspection conclusions, auditing reports, investigation conclusions on corruption cases or matters must clearly state the responsibilities of heads of agencies, organisations or units for the occurrence of corrupt acts at the following extends:

a) Poor management capability;

b) Irresponsibility in management;

c) Coverage of corruption committers.

The conclusions, reports must be sent to agencies, organizations, individuals competent to management of officers.”

24. Article 77 is amended and supplemented as follows:

“ Article 77. Responsibilities of the State audit

The State audit shall, within the ambit of its tasks and powers, have the responsibility to organize the audit in order to prevent, detect and coordinate in handling of corruption; in case of detecting corrupt acts, it shall request for transfer of dossier to the investigation agencies, people’s procuracies, competent agencies or organisations for handling.”

25. To annul Article 73.

Article 2.

1. This Law takes effect on February 01, 2013.

2. The Government shall detail, guide implementation of Articles, clauses assigned in this Law. 

This Law was passed on November 23, 2012, by the XIII^th National Assembly of the Socialist Republic of Vietnam at its  4^th session.

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