Chương 1 Nghị định 157/2007/NĐ-CP Quy định chế độ trách nhiệm đối với người đứng đầu cơ quan, tổ chức, đơn vị của Nhà nước trong thi hành nhiệm vụ, công vụ: Quy định chung

Chapter 1

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree defines the liability regime applicable to heads of state agencies, organizations and units in performing tasks and public duties.

Article 2. Subjects of application

1. This Decree applies to heads of the following state agencies, organizations and units:

a/ Ministries, ministerial-level agencies and government-attached agencies; administrative organizations under ministries, ministerial-level agencies or government-attached agencies:

b/ Peoples Councils and Peoples Committees at all levels: boards of provincial- or district-level Peoples Councils; professional agencies of provincial- or district-level Peoples Committees;

c/ The State President Office; the National Assembly Office, the Nationalities Council and Committees of the National Assembly; the Office of the Central Steering Committee for Corruption Prevention and Combat; the State Audit; peoples courts and peoples procuracies at all levels; military courts and military procuracies at all levels;

d/ State-run organizations and non-business units;

e/ State-owned economic groups, corporations and companies (below collectively referred to as state enterprises).

2. Deputy heads of state agencies, organizations or units defined in Clause 1 of this Article shall also be held responsible like their respective heads for the domains under their leadership, management and administration as authorized or decided in writing by their respective heads or by superior-level agencies.

3. Heads and deputy heads of organizations constituting state agencies, organizations or units defined in Clause 1 of this Article shall also be subject to the liability regime while making proposals, advices, reports or performing their assigned tasks related to the regime of liability of heads of state agencies, organizations or units.

Article 3. Interpretation of terms

1. Deputy heads of state agencies, organizations or units defined in Clause 2, Article 2 of this Decree are those who are assigned to assist their respective heads in managing and taking charge of certain domains within the agencies or units or a number of attached agencies, organizations and units.

2. The liability regime applicable to heads and deputy heads of state agencies, organizations or units means all regulations on functions, tasks, powers and competence delegated to them by the State; all violations of this regime will be handled according to Article 6 of this Decree.

3. Heads and deputy heads of state enterprises defined at Point e, Clause 1, Article 2, of this Decree are chairmen of the management board and state employees appointed as general directors, deputy general directors, directors or deputy directors of state enterprises.

Article 4. Grounds for determining the regime of liabilities of heads and deputy heads

1. Obligations, tasks, powers and interests of cadres and civil servants and things which must not be done by cadres, civil servants and employees specified in the Ordinance on Cadres and Civil Servants and other relevant legal documents.

2. The relationship and division of jobs between heads and their deputies in directing, managing and administering state agencies, organizations or units.

3. The liability regime applicable to heads specified in Article 7 of this Decree.

Article 5. Liabilities of persons assigned to lead or take charge of state agencies, organizations or units

Those who are assigned to lead or take charge of state agencies, organizations or units defined in Clause 1, Article 2 of this Decree are also subject to the liability regime like heads of state agencies, organizations or units.

Article 6. Forms of liabilities of heads and deputy heads of state agencies, organizations or units

1. If heads and deputy heads of state agencies, organizations or units violate the liability regime specified in this Decree, they shall, depending on the nature and severity of their violations, be subject to one or a number of the following forms of liabilities:

a/ Disciplinary liability;

b/Civil liability;

c/ Material liability:

d/ Penal liability:

e/ Other liabilities defined by law.

2. Disciplinary liability: if heads and deputy heads of state agencies, organizations or units violate legal provisions while performing their tasks or public duties but their violations are not serious enough for examination of penal liability, they shall, depending on the nature and severity of their violations, be disciplined. The disciplining must comply with legal provisions on disciplining of cadres and civil servants.

3. Civil liability: If heads and deputy heads of state agencies, organizations or units commit law-breaking acts while performing their tasks or public duties, causing damage to or hurting the honor or dignity of individuals or the prestige of agencies, organizations or units to the extent of civil liability, they shall, apart from being disciplined, be subject to civil liability. The imposition of civil liability on heads and deputy heads of state agencies, organizations or units complies with civil law and civil procedure law.

4. Material liability: If heads and deputy heads of state agencies, organizations or units commit law-breaking acts while performing their tasks or public duties, causing the loss or damage to equipment, facilities or properties of agencies, organizations or units, but their violations are not serious enough for examination of penal liability, they shall bear material liability in accordance with law.

5. Penal liability: If heads and deputy heads of state agencies, organizations or units commit a crime defined in the Penal Code while performing their tasks or public duties, they shall bear penal liability as prescribed in Article 2 of the 1999 Penal Code. The imposition of penal liability on heads and deputy heads of state agencies, organizations or units shall comply with provisions of criminal law and criminal procedure law.