Nghị định 134/2021/NĐ-CP sửa đổi Nghị định 59/2019/NĐ-CP hướng dẫn Luật Phòng, chống tham nhũng

DECREE

AMENDMENTS TO SOME ACTICLES OF GOVERNMENT’S DECREE NO. 59/2019/ND-CP DATED JULY 01, 2019 ELABORATING ON A NUMBER OF ARTICLES AND MEASURES FOR IMPLEMENTATION OF THE LAW ON ANTI-CORRUPTION OF VIETNAM

Pursuant to the Law on Government Organization of Vietnam dated June 19, 2015; the Law on amendments to some articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Anti-Corruption of Vietnam dated November 20, 2018;

At the request of the Inspector-General of Vietnam;

The Government promulgates the Decree on amendments to some articles of the Government’s Decree No. 59/2019/ND-CP dated July 01,2019 elaborating on a number of articles and measures for implementation of the Law on anti-corruption of Vietnam.

Article 1. Amendments to some articles of the Government’s Decree No. 59/2019/ND-CP dated July 01, 2019 elaborating on a number of articles and measures for implementation of the Law on anti-corruption

1. Point i Clause 1 Article 1 is amended as follows:

“i) Article 94 on actions against other violations against anti-corruption laws in state agencies, organizations and units.”

2. Clause 3 Article 21 is amended as follows:

“3.The Ministers, heads of ministerial agencies, the presidents of the People’s Committees shall be responsible to the Prime Minister for the results of assessment of their fields, levels and send the results to the Government Inspectorate for review, evaluation and summary.”

3. Clause 1 Article 31 is amended as follows:

 “1. The heads of agencies, organizations or units supervising, employing the office holder are authorized for the receiving and processing the notice, report on the conflict of interest. Within 05 working days from the day on which the notice, report is received, the heads of the agencies, organizations or units must decide to implement or request his/her supervisor to apply any of the solutions for the management of conflict of interest specified in Articles 32, 33 and 34 of this Decree or take actions as per law.

4. Clause 2 Article 34 is amended as follows:

“2. Within 05 days from the day on which the basis specified in Clause 1 of this Article is found, the heads of the agencies, organizations or units shall decide or require the supervisors of the office holders to cancel the assignment of the office holders.”

5. Point b Clause 2 Article 44 is amended as follows:

 “b) Cancel the decisions to suspend or temporarily reassign the office holders after the competent authorities conclude that they do not involve in the corruption.”

6. Point d Clause 1 Article 45 is amended as follows:

“d) Request the deciders to cancel the decisions to suspend or temporarily reassign the office holders after the competent authorities conclude that they do not involve in the corruption.

7. Clause 1 Article 48 is amended as follows:

“1. If within 05 working days from the day on which competent agencies or organizations conclude that the office holders display no corrupted acts, the deciders shall cancel the decisions to suspend or temporarily reassign the office holders.”

8. Clause Article 52 is amended as follows:

“Article 52. Restoring legal rights and privileges of office holders after competent agencies or organizations conclude that they are not involved in corruption.”

“The suspended or temporarily reassigned individuals can return to their original positions after the competent agencies or organizations conclude that they are not involved in corruption or they have been apologized, publicly corrected and compensated for the unlawful manner in making the decision to suspend or temporarily reassign as per law.”

9. Point d Clause 2 Article 76 is amended as follows:

“d) Cases of fourth-degree corruption are those in which the offenders are sentenced with imprisonment from exceeding 15 years to 20 years, life imprisonment or death sentence.”

10. Small section 1, section IX, Part B Appendix on the list of positions subject to periodical reassignment is amended as follows:

“1. Persons whose tasks are licensing the land use rights, the land lease rights, the land allocation rights, land-attached asset ownership and use rights.”

11. Small section 1, section X, part B Appendix on the list of positions subject to periodical reassignment is amended as follows:

“1. Persons whose tasks are managing species on the precious and rare lists.

Article 2. Implementation provision

This Decree comes into force from February 15, 2022

Article 3. Implementation

The Ministers, Heads of the Ministerial-Level agencies, Heads of the governmental agencies, the Presidents of the People's Committees of provinces shall be responsible for the implementation of this Decree.