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

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIETNAM Independence – Freedom - Happiness
No. 59/2019/ND-CP	Hanoi, 01st of July, 2019

 

DECREE

ELABORATING ON A NUMBER OF ARTICLES AND MEASURES FOR IMPLEMENTATION OF THE LAW ON ANTI-CORRUPTION

Pursuant to the Law on Government Organization dated June 19, 2015;

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

At the request of the Inspector-General;

The Government promulgates the Decree elaborating on a number of Articles and the measures for implementation of the Law on Anti-Corruption.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree elaborates:

1. The following Articles, Clauses of the Law on Anti-Corruption:

a) Clause 1 Article 15 on accountability:

b) Article 17 on criteria for assessment of anti-corruption works;

c) Article 22 on giving and receiving gifts;

d) Article 23 on management of conflict of interest;

dd) Clause 4 Article 25 on the positions subject to periodical reassignment and reassignment periods in ministries, ministerial agencies, Government agencies and local governments.

e) Clause 4 Article 71 on the 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 office holders that are found not involved in corrupt activities;

g) Article 80 on the implementation of anti-corruption measures in enterprises and non-state organizations;

h) Article 81 on the inspection of implementation of the anti-corruption law by enterprises and non-state organizations;

Article 94 on actions against other violations against anti-corruption laws in state organizations.

2. The measures for implementation of the Law on Anti-Corruption include:

a) The duration in which the office holders are prohibited from establishing, holding managerial or executive positions in sole proprietorship, limited liability companies, joint-stock companies, partnerships and cooperatives in the field that was under their management as specified in Point d Clause 2 Article 20 of the Law on Anti-Corruption;

b) Provision of information at the request of authorities, organizations;

c) Information and report on anti-corruption;

d) Disciplining the heads if corruption is found in their agencies, organizations or units.

Article 2. Regulated entities

1. This Decree applies to state agencies, organizations and units including: regulatory agencies, political organizations, socio-political organizations, the people’s armed forces, public service providers, state enterprises and other organizations, units established, provided with facilities, fully or partially funded, directly or indirectly supervised by the Government; office holders working at state agencies, organizations or units and other related agencies, organizations or individuals.

2. Non-state enterprises, organizations and office holders of such enterprises, organizations shall comply with regulations specified in Chapter VII of this Decree.

Chapter II

ACCOUNTABILITY

Section 1. CONTENTS OF THE EXPLANATION, ELIGIBILITY TO ACCEPT EXPLANATION REQUEST, REASONS FOR REJECTING EXPLANATION REQUEST, CONTENTS BEYOND EXPLANATION AND RESPONSIBILITIES OF THE HEADS IN PROVIDING EXPLANATIONS

Article 3. Contents of explanations

1. The legal basis for the decision or the action.

2. The authority to make the decision or take the action.

3. The procedures for making the decision or taking the action.

4. The contents of the decision or the action.

Article 4. Conditions for accepting explanation requests

1. The requesting party must have full legal capacity or have a legal representative in accordance with regulations and law.

2. The decisions or action of the requested party must directly impact the legal rights and privileges of the requesting party.

Article 5. Reasons for rejecting explanation requests

1. Failure to satisfy the conditions specified in Article 4 of this Decree.

2. The contents of the explanation request are specified in Article 6 of this Decree, the contents have already been explained or have been taken over by the competent agencies, organizations, units or individuals except when the requesting party provides sound reasons.

3. The requesting party is unable to control their behaviors due to stimulants or acting in manners that disrupt public order, intimidate or offend pride, self-esteem of the requested party.

4. The authorized person or representative who lacks valid papers specified by law.

Article 6. Contents beyond explanations

1. Secrets of the state, private lives or enterprises as specified by law.

2. The directions, orders for the implementation of the tasks, civil services within the agencies, organizations or units that are not publicized, implemented or the directions and orders given by the superiors to the inferiors.

Article 7. Responsibilities of head of agencies, organizations, units in providing explanations

1. Elaborate the responsibility to provide explanations in the rules and regulations of the agencies, organizations or units.

2. Assign individuals or department to take explanation requests.

3. Organize, direct, expedite and supervise the implementation of providing explanation and the penalties for violations within their competence.

Section 2. RIGHTS AND RESPONSIBLITIES OF REQUESTING PARTY AND EXPLAINING PERSON

Article 8. Rights and responsibilities of requesting party

1. The requesting party has the rights to:

a) request for explanations by themselves or via a representative with full civil capacity;

b) withdraw the whole or partial explanation request;

c) receive the written representation of the explaining agencies, organizations, units or individuals;

d) complain and/or denounce as per law.

2. The requesting party has the obligations to:

a) state their full name, address or present personal papers or authorization paper;

b) follow the procedures specified in Section 3 Chapter II of this Decree and other related regulations and law;

c) make clear, truthful and supported statements regarding the contents of the explanation requests;

d) provide information and documents regarding the contents of the explanation requests.

Article 9. Rights and responsibilities of explaining person

1. The explaining person has the rights to:

a) demand information or documents of the requesting party regarding the explanation requests

b) instruct the requesting party to follow the procedures specified in Section 3 Chapter II of this Decree and other related regulations and law;

c) reject the explanation requests for reasons specified in Article 5 of this Decree.

2. The explaining person has the obligations to:

a) accept the explanation requests within his/her competence;

b) instruct the requesting party to follow the procedures specified in Section 3 Chapter II of this Decree and other related regulations and law;

b) respond to the requests in accordance with the procedures and deadline specified in this Decree and other related regulations and law.

Section 3. Procedures for providing an explanation

Article 10. Explanation requests

1. The explanation request must be made in written form or in person to the requested party.

2. The request in written form:

a) The request must state specifically the contents of the explanation; specify full name, address, phone number or email address of the requesting party.

b) The written request must bear the signature or fingerprints of the requesting party.

3. The request in person:

a) The requesting party must inform the explaining person of the request’s contents.

If multiple persons simultaneously request the same contents, a representative must be appointed to deliver the request. The appointment for the representative must be made in written form bearing the signatures or fingerprints of the requesting persons;

b) The explaining person must describe truthfully the contents of the request on paper; specify full name, address, phone number or email address of the requesting party.

c) The requesting party must sign or append fingerprints to the explanation request.

Article 11. Accepting explanation requests

1. The requested party will accept the request if the requesting conditions are met and reasons for rejection are avoided, both of which are specified respectively in Article 4 and Article 5 of this Decree. If the request is outside his competence, the recipient shall instruct the requesting party to contact the competent authority as per law.

2. If the written request fails to meet the requirements specified in Clause 2 Article 10 of this Decree, the recipient must instruct the requesting party to add more information and/or documents.

3. If the requested contents have already been explained, the requesting party will be provided with copies of the written representation.

4. Within 05 working days from the day on which the request is received, the explaining person must send a written notice to the requesting party about whether or not he/she will provide an explanation and if not, provide reasons.

Article 12. Implementation of providing explanations

1. If a request with simple contents is made in person, an explanation can be provided directly. The direct explanation must be documented and signed or fingerprinted by both parties.

2. For other cases, the explanation shall adopt the following procedure:

a) Collecting and verifying relevant information;

b) Contacting the requesting party directly to clarify the relevant information if necessary. The contents must be documented and signed or fingerprinted by both parties;

c) Issuing a written representation;

d) Sending the written representation to the requesting party.

3. The written representation must guarantee the following information:

a) The requesting party’s full name and address;

b) The content of the explanation;

c) The result after working with the requested party (if any);

d) The legal basis of the explanation;

dd) The detailed contents of explanation.

Article 13. Deadline for providing explanations

The explanation must be provided within 15 days from the day on which the explanation request is issued; provided complicated contents, the deadline can be extended once (01 time) only, for no more than another 15 days and must be notified to the requesting party on paper.

The suspension duration specified in Clause 1 Article 14 of this Decree will not count towards the deadline for an explanation.

Article 14. Suspension and cancellation of explanation provisions

1. During the provision of explanation, the explaining person will call for a suspension if:

The requesting person has deceased and his/her heir is not yet identified; the agency, organization involved in the case is split, merged or dissolved and there are replacement yet;

b) The requesting person is incapable of civil acts and his/her legal representative is not yet identified;

c) The requesting person is ill or because of any other objective reasons that the explaining person is unable to fulfill his/her duty.

2. The explaining person shall proceed to explain when the causes for suspension are corrected.

3. The explaining person will call for a cancellation if:

a) The requesting person has deceased without heir; the agency, organization involved in the case is split, merged or dissolved without any replacements;

b) The requesting person lacks legal capacity and does not have a legal representative;

c) The requesting person withdraws all explanation requests.

Chapter III

ASSESSMENT OF ANTI-CORRUPTION WORKS

Article 15. Principles for assessing anti-corruption works

1. The assessment for anti-corruption works must ensure accuracy, objectivity and compliance with regulations and law.

2. The implementation of assessing the anti-corruption works shall comply with regulations specified in Article 21 of this Decree.

Article 16. Criteria for assessing quantity, nature and seriousness of the violations

The criteria for assessing the quantity, nature and seriousness of the violations determined based on the conclusion of the competent authority consist of:

1. The number of offenders;

2. The positions and titles of the offenders

3. The fields in which corruption occurs;

4. The seriousness of the corruption;

5. The loss of money and/or property caused by the corruption;

6. The number of corruption cases concluded by the competent authority.

Article 17. Criteria for assessing the development and improvement of anti-corruption laws

The criteria for assessing the development and improvement of anti-corruption laws consist of:

1. The command, guidance and implementation of developing and improving anti-corruption laws;

2. The command, guidance and implementation of examining, inspecting, systematizing legislative documents on anti-corruption;

3. The command, guidance and implementation of popularizing, teaching law and of examining, inspecting the compliance with legislative documents, on anti-corruption.

Article 18. Criteria for assessing the implementation of precautions against corruption

1. The criteria for assessing the implementation of precautions against corruption in state agencies, organizations and units consist of:

a) The openness and transparency;

b) The results of management of conflict of interest;

c) The results of issuing and implementing thresholds, standards and policies;

d) The results of implementing the code of conduct;

dd) The results of implementing reassignment;

e) The results of implementing administrative reform, science technology in management and cashless payment;

g) The result of monitoring property and income;

h) The results of complying with the responsibilities of the leaders.

2. The criteria for assessing the implementation of precautions against corruption in non-state enterprises and organizations consist of:

a) The results of establishing and implementing the code of conduct and internal supervising solution;

b) The results of implementing openness and transparency;

c) The management of conflict of interest;

d) The responsibilities of the leaders.

Article 19. Criteria for assessing detection and actions against corruption

1. The criteria for assessing the corruption detection consist of:

a) The results of detecting corruption via supervision, inspection and audit;

b) The results of detecting corruption via reflection, denunciation and reports on the violations;

c) The results of detecting corruption via investigations, prosecution, adjudication.

2. The criteria for assessing the actions against corruption consist of:

a) The results of disciplining, imposing administrative sanctions against violating organizations and individuals;

b) The results of taking actions against the heads in case corruption is found in their organizations;

c) The results of bringing criminal prosecution against offenders;

d) The amount of corrupted money, property proposed to be confiscated.

Article 20. Criteria for assessing confiscation of corrupted property

The criteria for assessing the confiscation of corrupted property consist of:

1. The total amount of corrupted money and property that must be confiscated and the confiscation results;

2. The results of confiscating property via administrative measures;

3. The results of confiscating property via judicial measures.

Article 21. Preparing for the assessment of anti-corruption works

1. The Government Inspectorate must publish the “Manual on assessing anti-corruption works” to ensure the implementation to be unified, objective and able to meet the requirements of nationwide anti-corruption works. The manual contents should cover: the content, array, subjects, methods of assessment and procedures of implementing the assessment.

2. Based on the manual, annually, the Ministers, heads of ministerial agencies and provincial Chairmen of the People’s Committees must devise the Plans for assessing the anti-corruption works of the ministries, ministerial agencies and provincial People’s Committees.

The agency or unit taking charge assesses the anti-corruption works of the ministries, ministerial agencies and provincial People’s Committees based on the compilation of information, documents, files and reports from agencies, organizations, affiliated entities assessing the anti-corruption works.

3. The Ministers, heads of ministerial agencies, provincial Chairmen of the People’s Committees must be responsible to the Prime Minister for the assessment results of their fields, levels while send the results to the Government Inspectorate for compiling purpose.

4. The assessment results will be used to preparing reports on anti-corruption works specified in. Article 16 of the Law on Anti-Corruption.

Chapter IV

IMPLEMENTATION OF CODE OF CONDUCT OF OFFICE HOLDERS IN AGENCIES, ORGANIZATIONS AND UNITS

Section 1. DURATION IN WHICH OFFICE HOLDERS ARE PROHIBITED FROM ESTABLISHING, HOLDING MANAGERIAL OR EXECUTIVE POSITIONS IN SOLE PROPRIETORSHIP, LIMITED LIABILITY COMPANIES, JOINT-STOCK COMPANIES, PARTNERSHIPS AND COOPERATIVES AFTER RESIGNING

Article 22. Fields in which office holders are prohibited from establishing, holding managerial or executive positions in sole proprietorship, limited liability companies, joint-stock companies, partnerships and cooperatives after resigning

1. Group 1 consists of fields under the management of the following ministries, departments and agencies:

a) The Ministry of Industry and Trade;

b) The Ministry of Transport;

c) The Ministry of Planning and Investment;

d) The Ministry of Labor—War Invalids and Social Affairs;

dd) The Ministry of Agriculture and Rural Development;

e) The Ministry of Finance;

g) The Ministry of Natural Resources and Environment;

h) The Ministry of Information and Communications;

The Ministry of Construction;

k) The Ministry of Justice;

l) The State bank of Vietnam;

m) The Government Inspectorate;

n) The Committee for managing State capital at enterprises;

o) The Office of the Government.

2. Group 2 consists of fields under the management of the following ministries, departments and agencies:

a) The Ministry of Education and Training;

b) The Ministry of Science and Technology;

c) The Ministry of Culture, Sports and Tourism;

d) The Ministry of Health;

dd) The Vietnam Social Security;

e) The Committee for Ethnic Affairs.

3. Group 3 consists of fields under the management of the following ministries, departments and agencies:

The Ministry of Public Security;

b) The Ministry of National Defense;

c) The Ministry of Foreign Affairs.

4. Group 4 consists of programmes, projects or proposals directly studied constructed or assessed, approved by former officials or public employees during their time in the positions.

5. The Ministers, heads of ministerial agencies specify the list of fields in Clauses 1, 2, 3 and 4 of this Decree.

Article 23. Duration in which office holders are prohibited from establishing, holding managerial or executive positions in sole proprietorship, limited liability companies, joint-stock companies, partnerships and cooperatives after resigning

1. Article 23. The duration in which office holders are prohibited from establishing, holding managerial or executive positions in sole proprietorship, limited liability companies, joint-stock companies, partnerships and cooperatives after resigning is as follows:

a) From 12 months to 24 months for group 1 specified in Clause 1 Article 22 of this Decree;

b) From 06 months to 12 months for group 2 specified in Clause 2 Article 22 of this Decree;

c) For group 3 specified in Clause 3 Article 22 of this Decree, the Minister of Public Security, Minister of National Defense and Minister of Foreign Affairs will determine the duration in which office holders are prohibited from establishing, holding managerial or executive positions in sole proprietorship, limited liability companies, joint-stock companies, partnerships and cooperatives after resigning;

d) For group 4 specified in Clause 4 Article 22 of this Decree, the prohibition lasts until the programmes, projects or proposals are completed.

2. The Ministers, heads of ministerial agencies will specify the duration of the prohibition against establishing, holding managerial or executive positions in sole proprietorship, limited liability companies, joint-stock companies, partnerships and cooperatives after resigning applied to groups specified in Points a, b and d Clause 1 of this Article.

Section 2. GUIDELINES ON GIVING AND RECEIVING GIFTS

Article 24. Regulations on giving gifts

1. The office holding agencies, organizations, units or individuals can only use public finance or property as gifts for charity, foreign affairs and provision of benefits as per law.

2. The act of giving gifts must serve the right policies, thresholds, standards and subjects as per law; the agencies, units giving gifts must record, account and publicize within the agency or unit as per law.

Article 25. Guidelines on receiving gifts

The office holding agencies, organizations, units or individuals must not by all means receive the gifts from the agencies, organizations, units or individuals involved in their work or under their management. If unable to reject, the agencies, organizations or units must follow Article 27 of this Decree.

Article 26. Reporting, returning gifts

1. The agencies, organizations or units must reject the inappropriate gifts; if unable to reject, the gifts must be handed over to the department in charge of managing gifts of that agencies or units for further handling specified in Article 27 of this Decree.

2. The office holders must reject the inappropriate gifts, if unable to reject, with 05 working days from the day on which they receive the gifts, the office holders must report to the head of their agencies, organizations, units or their direct superior and turn in the gifts for further handling specified in Article 27 of this Decree.

The report must be in written form and contain the following information: Full name, title, agency and address of the giver; type and cost of the gift; time, place and specific situation when receiving the gift; relations with the giver.

Article 27. Disposal of gifts

1. If the gifts are cash or financial instruments, the heads of agencies, organizations or units must take over, preserve and turn it in the government budget as per law.

2. If the gifts are goods or products, the heads of agencies, organizations or units must take over, preserve and proceed to:

a) Determine the price of the gifts based on the price provided by the giver (if any) or the price of similar products on the market. If the price of the gifts cannot be determined, the competent agencies may be required to evaluate the price;

b) Decide to sell and publicly sell the gifts as per law;

c) After taking into account the cost of disposal, the proceeds minus cost will be transferred to the government budget within 30 days from the day on which the gifts are sold.

3. If the gifts are services such as domestic or overseas sightseeing, travel, medical, education and training, internship, practice and other services, the heads of the agencies, organizations or units must inform the corresponding service providers of not using the gifted services.

4. If the gifts are animals, plants, raw or fresh food and other products difficult to preserve, the heads of the agencies, organizations or units based on the current situation and comply with regulations and law on handling confiscated material evidence in administrative sanctions to handle the gifts within their competence or report to the competent agencies for further consideration and solutions.

5. Within 05 working days from the day on which the gifts are disposed, the agencies, organizations or units in charge of disposing the gifts must submit reports to the superiors of the agencies, organizations, units or individuals who presented the gifts for further consideration and solutions within their competence.

Article 28. Taking actions against violations relating giving and receiving gifts

1. The agencies, organizations or units using public finance or property as gifts against regulations must return the value of the gifts to the State. The individuals using public finance or property as gifts beyond their competence, against regulations must return the value of the gifts and depending on the nature and severity of the violations will be taken actions against in accordance with regulations and law on administrative penalties in managing and using governmental property.

2. Depending on the nature and severity of the violations, the heads of the agencies, organizations or units violating regulations on receiving and disposing gifts, the office holders violating regulations on receiving, reporting and turning in gifts will be taken actions against in accordance with regulations and law on disciplining officials, public employees and administrative penalties in managing and using governmental property.

Section 3. REGULATION OF CONFLICT OF INTEREST

Article 29. Cases of conflict of interest

An office holder is considered to have conflict of interest when there is evidence indicating that he/she falls or will fall into any of the following cases:

1. Receiving money, property or other benefits of the agencies, organizations, units or individuals involved in their work or under their management;

2. Establishing, managing, operating sole proprietorship, limited liability companies, joint-stock companies, partnerships or cooperatives unless specified otherwise;

3. Consulting domestic or foreign enterprises, organizations or individuals about matters regarding secrets of the State, secrets of business within his/her competence to handle or collaborate;

4. Using information gained from his/her title, authority to exploit or to serve other organizations or individuals;

5. Assigning spouses, biological parents, children, siblings to hold managerial ranks in positions such as human resources, accountants, treasurers, warehouse-keepers in the agencies, organizations, units or to trade goods, services, sign contracts for the agencies, organizations, units in which he/she is the head or deputy;

6. Making capital contribution to enterprises within the fields, specialities directly under his/her state management or allowing spouses, parents or children to do business within the fields, specialities directly under his/her state management;

7. Signing contracts with enterprises owned by spouses, biological parents, children, siblings or allowing enterprises owned by spouses, biological parents, children, siblings to sign contracts with his/her agencies, organizations, units when he/she is assigned to trade, sell goods, services or sign contracts for the respective agencies, organizations or units;

8. Having spouses, biological parents, children, siblings directly benefiting from his/her assignment;

9. Interfering or negatively impacting the operation of competent agencies, organizations, units or individuals for personal gain.

Article 30. Noticing, reporting on conflict of interest

1. If the office holder learns or is supposed to learn about any of the conflicts of interest that will occur in the assignment upon receiving or during it, a written report must be submitted to his/her direct supervisor or employer for consideration and handling in compliance with regulations and law.

2. The agencies, organizations, units or individuals discovering the conflicts of interest of the office holder must submit a notice or report to his/her direct supervisor or employer for consideration and handling.

3. The notice, report on the conflict of interest must be submitted within 05 working days from the day on which the assignment is found to cause any of the conflicts of interest to the assign individual. The notice, report on the conflict of interest must be made on paper and must specify the following information:

a) The case of conflict of interest;

b) The time of conduct and discovery of conflict of interest;

c) The level of influence or negative influence on the assignment of the office holder;

d) Suggestions or propositions about solutions to the management of conflict of interest.

Article 31. Processing the notice, report on conflict of interest

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 Article 32, 33 and 34 of this Decree or take actions as per law.

2. Within 05 working days from the day on which the notice, report is processed, the agencies, organizations or units in charge of processing the notice, report must send a written report to the individual with conflict of interest and to the agencies, organizations, units or individuals who notice and report on the conflict of interest.

Article 32. Supervising the assignment implementation of the individual having conflict of interest

1. If there is evidence suggesting the individual having conflict of interest will fail to ensure the correctness, objectivity and honesty of the assignment, during the assignment implementation he/she will be supervised before he/she is cancelled, suspended or temporarily reassigned (if necessary).

2. The direct supervisor or employer of the individual having conflict of interest shall depend of the authority, scale, nature and contents of the assignment to decide whether he/she will supervise by himself/herself or authorize officials under his/her management to exercise the supervision.

3. The contents of the supervision include:

a) The implementation of assignment which includes the progress and the results causes conflict of interest;

b) Any difficulties arise during the implementation of the assignment;

c) Other details relating the assignment implementation of the individual having conflict of interest.

4. The individual authorized for supervision shall have the responsibilities to:

a) require the individual having conflict of interest to notice, report, explain and provide information and documents relating the contents of the supervision;

b) work directly with the individual having conflict of interest if necessary;

c) report directly or on paper to the authorizing individual on the difficulties or violations of the individuals having conflict of interest to promptly come up with remedial measures;

d) report to the authorizing individual when there is evidence suggesting that the supervision is no longer suitable for the conflict of interest or the conflict of interest is no more.

Article 33. Suspending the assignment implementation of individual having conflict of interest; temporarily reassigning the individual having conflict of interest

1. If there is evidence suggesting the individual having conflict of interest will not ensure objectivity and transparency in the operation of the agencies, organizations or units when doing the assignment or holding the position, he/she then must be suspended or reassigned.

2. The suspension or temporary reassignment of the individual having conflict of interest shall follow provisions specified in Section 3 Chapter VI of this Decree and other regulations and law on public officials, public employees and on labor.

Article 34. Cancelling assignment implementation of individual with conflict of interest

1. The decisions of cancelling the assignment implementation will be made if there is clear evidence indicating that the individual having conflict of interest violates the law or negatively impact, hinder or obstruct the operation of the competent authorities.

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 decide or require the supervisor of the office holder to cancel the assignment of the office holder.

3. The decisions to cancel the assignment must state specifically full name of the office holder; the duration; the reason; rights and obligations of the office holder; entry into force.

4. The decisions to cancel the assignment must be sent to the cancelled individual and to the agencies, organizations, units or individuals noticing and reporting the conflict of interest.

Article 35. Complying with other regulations and law on management of conflict of interest

If there are other regulations and law on the management of conflict of interest, they must also be complied with apart from regulations in the Law on Anti-Corruption and in this Decree.

Chapter V

POSITIONS SUBJECT TO PERIODICAL REASSIGNMENT AND REASSIGNMENT PERIODS

Article 36. Elaborating on lists of positions subject to periodical reassignment and reassignment periods

1. The Ministers, heads of ministerial agencies, heads of Governmental agencies elaborates the list and the reassignment periods in agencies, organizations, units affiliated to ministries, ministerial agencies, agencies affiliated to the government and under field, speciality management in local governments.

2. The list of positions subject to periodical reassignment is specified in the Appendix issued together with this Decree.

Article 37. Reassignment methods

1. The reassignment is made within the same speciality, profession from one department to another in the agencies, organizations and units; between fields, regions assigned to be monitored, responsible for, administered or between agencies, organizations or units under the management of the ministries, ministerial agencies, agencies affiliated to the government, local governments.

2. The reassignment is made via assignment dispatching, appointing and allocating documents which apply to office holders as per law.

Article 38. Cases of delayed reassignment

1. Individuals who are waiting for judgement or being disciplined.

2. Individuals who are being examined, verified, inspected, investigated, prosecuted or adjudicated.

3. Individuals who are receiving treatment for fatal diseases approved by competent medical agencies; individuals who are taking courses in the regular form for 12 months or higher, or being seconded.

4. Women who are pregnant or raising children under 36 months old; men who are raising children under 36 months old due to loss of wife or in other objective cases.

Article 39. Reassignment in special cases

1. For agencies, organizations or units whose only position for reassignment requires speciality, profession different from other positions in those agencies, organizations or units, the general reassignment plan will be made directly by the heads of the respective superiors.

2. Individuals who have less than 18 months till retirement age are free from reassignment.

Chapter VI

SUSPENDING, TEMPORARILY REASSIGNING OFFICE HOLDERS WHOSE VIOLATIONS INVOLVE CORRUPTION

Section 1. AUTHORITY TO SUSPEND, TEMPORARILY REASSIGN OFFICE HOLDERS

Article 40. Principles for determining authorizations to suspend or temporarily reassign office holders

The heads of agencies, organizations or units in charge of appointing, employing or managing the office holders can decide to or propose that the competent individual suspend, temporarily reassign the office holders under their management when the basis specified in Article 43 of this Decree is provided.

If there are other regulations and law of political organizations, socio-political organizations specifying the authority to suspend or temporarily reassign, such regulations and law will be applied.

Article 41. Authority to suspend, temporarily reassign in regulatory agencies

1. The Chairmen of the People’s Committees of commune-level shall decide to or propose that the competent individuals suspend or temporarily reassign office holders under their management.

2. The Chairmen of the People’s Committees of district-level shall decide to suspend the Chairmen, Vice Chairmen of the People’s Committees of commune-level; decide to suspend or temporarily reassign the heads and/or the deputies of specialized agencies affiliated to the People’s Committees of district-level and office holders directly under their designation and supervision.

3. The heads of specialized agencies affiliated to the provincial People’s Committees shall decide to suspend or temporarily reassign the heads and/or the deputies of agencies, entities affiliated to their agencies and office holders directly under their designation and supervision.

4. The Chairmen of the provincial People’s Committees shall decide to suspend the Chairmen, Vice Chairmen of the People’s Committees of district-level; decide to suspend or temporarily reassign the heads and/or the deputies of specialized agencies affiliated to the provincial People’s Committees and office holders directly under their designation and supervision.

5. The Directors of departments, Directorate and similar ranking individuals appointed to supervise the office holders shall decide to or propose that the competent individuals suspend or temporarily reassign the heads and/or the deputies of agencies, units affiliated to the General Departments or Departments and similar ranking individuals and office holders directly under their designation and supervision .

6. The Ministers, heads of ministerial agencies or of Governmental agencies shall decide to or propose that the competent individuals suspend or temporarily reassign the heads and deputies of agencies, units affiliated to the ministries, of ministerial agencies or of Governmental agencies and office holders directly under their designation and supervision.

7. The Prime Minister shall decide to suspend the Chairmen, Vice Chairmen of the provincial People’s Committees; request the National Assembly to approve the decisions to suspend the Deputy Prime Minister, Ministers, heads of ministerial agencies or of Governmental agencies; if the National Assembly is in recess, request the President to suspend the Deputy Prime Minister, Ministers, heads of ministerial agencies or of Governmental agencies; decide to suspend or temporarily reassign the Deputy Ministers and similar ranking individuals, office holders designated by the Prime Minister himself.

Article 42. Authority to suspend, temporarily reassign in public service providers and state enterprises

1. The heads of agencies in charge of supervising the public service providers, state enterprises shall decide to suspend or reassign managerial ranking individuals under their designation.

2. The heads of public service providers, state enterprises shall decide to suspend or reassign public employees under their direct employment, designation and supervision.

Section 2. BASIS FOR SUSPENDING AND TEMPORARILY REASSIGNING; RIGHTS AND OBLIGATIONS OF THE DECIDERS AND THE OFFICE HOLDERS WHO ARE SUSPENDED OR TEMPORARILY REASSIGNED

Article 43. Basis for the decisions to suspend or temporarily reassign

1. The decisions to suspend or reassign the office holders are made only if there is evidence suggesting that the office holders whose violations involve corruption and the continuation in the positions can possibly hinder the sanctions.

2. The basis suggesting that the office holders commit violations involve corruption can be any of the followings:

a) The written notice of the Inspecting agencies, State Audit Office of Vietnam, investigating authorities, People’s Procuracies, People’s Courts;

b) The processes of verifying, clarifying the contents of the denunciation form reveal signs of corrupted acts of office holders;

c) The internal examinations of agencies, organizations or units reveal signs of corrupted acts of office holders;

d) The implementation of supervising, directing or operating reveals the office holders’ violations in carrying out assignments, managing and using public finance and property.

3. The office holder will be considered to be possible hindrance to the sanctions of competent authorities if he/she:

a) fails to provide or provide partial, false information, documents;

b) impede or evade the requests of competent individuals during the verification, clarification process of the violations deliberately;

c) breaks the seals of documents, destroy information, documents or evidence of their own free will; dispose of property involve in the violations;

d) abuses their or someone else’s title, authorization or influence to cover up the violations and hinder the verification, clarification.

Section 44. Rights and obligations of individuals making the decisions to suspend or temporarily reassign

1. The individual who makes the decisions to suspend or temporarily reassign office holders shall have the rights to:

a) request the Inspecting agencies, State Audit Office of Vietnam, investigating authorities, procuracies to provide information and/or documents to clarify the basis for the decision to suspend or temporarily reassign;

b) demand that the office holders who are suspended or temporarily reassigned cooperate with competent agencies or individuals to verify and clarify the corrupted acts.

2. The individual who makes the decisions to suspend or temporarily reassign office holders shall have the obligations to:

a) send the decisions to the office holders who are suspended or temporarily reassigned, to agencies, organizations or units where they are working and where they are temporarily reassigned to;

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 or after the suspension, temporary reassignment period comes to an end while their involvement in corruption remains unverifiable;

c) announce publicly to the officials, public officials and public employees in his/her agencies, organizations or units that the decisions to suspend or temporary reassign office holders are overruled;

d) restore the legal rights and privileges of the office holders after the competent authorities conclude that they do not involve in the corruption or after the suspension, temporary reassignment period comes to an end while their involvement in corruption remains unverifiable.

Article 45. Rights and obligations of office holders who are suspended or temporarily reassigned

1. The office holder who is suspended or temporarily reassigned shall have the rights to:

a) accept the decision to suspend or temporarily reassign;

b) accept the notice of the competent authorities concluding the verification and clarification processes of the corruption;

c) request the deciders to reconsider their decision when there is basis suggesting that the decisions are against the law and that the decisions violate his/her legal rights and benefits;

d) request the deciders to cancel the decisions before the suspension or temporary reassignment period ends if the competent state authorities have no conclusions regarding the corruption or after the competent authorities conclude he/she does not involve in corruption;

dd) request the competent individuals to restore his/her legal rights and privileges.

2. The office holder who is suspended or temporarily reassigned shall have the obligations to:

a) comply stringently with the competent individuals’ decisions to suspend or temporarily reassign;

b) provide related information and documents and collaborate with competent agencies in the verifications and clarification processes of the corruption;

c) comply with rules and regulations of the agencies or organizations where he/she is reassigned to during the reassignment period.

Section 3. PROCEDURES AND PERIOD FOR SUSPENDING AND TEMPORARILY REASSIGNING; CANCEL AND PUBLICIZE DECISIONS TO CANCEL SUSPENSION OR TEMPORARY REASSIGNMENT

Article 46. Making decisions to suspend and temporarily reassign

1. Within 05 working days from the day on which the basis specified in Article 43 of this Decree is provided, the heads of the agencies, organizations or units shall decide or require the supervisors of the office holders to suspend or temporarily reassign the office holder.

2. Based on the nature and seriousness of individual case and the need for appointing and using public officials and public employees in agencies, organizations or units, the heads of respective agencies, organizations or units or the supervisor of the office holders will decide to suspend or temporarily reassign the office holders.

3. The decision must state specifically full name of the office holders; the period of the suspension or temporary reassignment; the reason for suspension, temporary reassignment; the rights and obligations of the office holders who are suspended or temporarily reassigned; entry into force.

4. The decision to suspend or temporarily reassign the office holders must be sent to the persons who are suspended or temporarily reassigned, to agencies, organizations or units where they are working and where they are temporarily reassigned to.

5. If there are other regulations and law on the guidelines for suspending or temporarily reassigning, such regulations and law will be applied.

Article 47. Period of suspension or temporary reassignment

The period of suspension or temporary reassignment are 90 days from the day on which the decision to suspend or temporarily reassign is made.

Article 48. Cancelling decisions to suspend and temporarily reassign

1. If within 05 working days from the day on which competent agencies or organizations conclude that the office holders display no corrupted acts or from the end of the suspension period or temporary reassignment that no conclusion on the corruption is made, the decider must cancel the decision to suspend or temporarily reassign the office holders.

2. The decision to cancel the suspension or temporary reassignment must be sent to office holders who are suspended or temporarily reassigned, to agencies, organizations or units where they are working and where they are temporarily reassigned to.

Article 49. Publicizing decisions to suspension and temporary reassignment

Within 05 working days from the day on which the decision to cancel the suspension or temporary reassignment is made, the decider must publicize by either of the following methods:

1. Publicize at the meeting of the agencies, organizations or units where the individuals who are suspended or temporarily reassigned to work;

2. Listing a notice at the headquarters of the agencies, organizations or units where the individuals who are suspended or temporarily reassigned to work in 15 consecutive days from the day on which the notice is listed.

Article 50. Procedures and deadline for making decisions to suspend or temporarily reassign office holders who are members of political organizations or socio-political organizations

The procedures and deadline for making the decisions to suspend or temporarily reassign the office holders who are members of the political organizations or socio-political organizations shall follow the provisions of the Law on Anti-Corruption, this Decree and terms and regulations of the respective organizations.

Section 4. POLICIES; COMPENSATING AND RESTORING LEGAL RIGHTS AND PRIVILEGES OF INDIVIDUALS WHO ARE SUSPENDED OR TEMPORARILY REASSIGNED

Article 51. Benefits for office holders during their suspension or temporary reassignment periods

The office holders during their suspension or temporary reassignment period still retain their benefits and other legal rights, privileges that they had before the suspension or temporary reassignment.

Article 52. Restoring legal rights and privileges of office holders after competent agencies or organizations conclude that they are not involved in corruption or have no conclusion regarding the 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 after they have been apologized to, publicly corrected and compensated for the unlawful manner in making the decision to suspend or temporarily reassign as per law when the suspension or temporary reassignment period ends.

Chapter VII

IMPLEMENTATION OF ANTI-CORRUPTION MEASURES IN ENTERPRISES AND NON-STATE ORGANIZATIONS

Section 1. IMPLEMENTATION OF ANTI-CORRUPTION MEASURES IN ENTERPRISES AND NON-STATE SOCIAL ORGANIZATIONS

Article 53. Assurance of openness and transparency in organization and operation of enterprises and non-state organizations

1. Pursuant to provisions of the Law on Anti-Corruption, this Decree and other related regulations and law, public companies, credit institutions and social organizations that mobilize people’s contribution for charity purposes (hereinafter referred to as “fundraising charities”) which are established by or have their charters approved by the Prime Minister, the Minister of home Affairs or the Chairmen of the provincial People’s Committees must issue regulations on methods of assurance of openness and transparency and responsibility for assurance of openness and transparency in their enterprises and organizations.

2. The contents that require openness and transparency are:

a) The implementation of policies, regulations and law on the legal rights and benefits of workers, members or partners; salaries and benefits; working hour, break time and other social welfare; code of conduct, enterprises and organizations charters; the organizations and assignment of personnel and other contents requiring openness and transparency in accordance with related regulations and law.

b) Apart from provisions specified in Point a Clause 2 of this Article, fundraising charities mentioned in Clause 1 Article 53 of this Decree must also ensure openness and transparency in contents such as: regulations on mobilizing, managing and using the contributions for charity purposes; the rights and obligations of the contributors and the beneficiaries; the purposes of mobilized charitable contributions; the subjects, methods and amount of contribution; the results of mobilization, which include: the list of contributors, sponsors, the methods and amount of contributions and sponsorship; the results of managing, using the contributions for charity purposes.

Article 54. Management of conflict of interest in enterprises, non-state organizations

Pursuant to provisions of the Law on Anti-Corruption, this Decree and other related regulations and law, public companies, credit institutions and fundraising charities mentioned in Clause 1 Article 53 of this Decree must manage the conflict of interest as follows:

1. Specify the cases of conflict of interest, notice and report on cases of conflict of interest and publicize, popularize, instruct the workers and members of the enterprises or organizations;

2. Regulate and establish the methods of receiving and processing information, reporting on conflict of interest in the enterprises or organizations which include supervision and application of other necessary measures within their competence to manage conflict of interest;

3. Come up with measures to promptly protect the legal rights and privileges of the workers who notice and report on the conflict of interest in the enterprises or organizations when they are harmed or possibly harmed;

4. Report to the competent authorities as per law if the conflict of interest leads to other violations that must be promptly intervened and dealt with.

Article 55. Responsibility and sanctions against heads and deputies of enterprises and non-state organizations for corruption in their organizations

Pursuant to provisions of the Law on Anti-Corruption, this Decree and other related regulations and law, public companies, credit institutions and fundraising charities mentioned in Clause 1 Article 53 of this Decree shall provide for the responsibility of their heads as follows:

1. Specify the responsibility of the heads and deputies in case corruption is found in their organizations;

2. Specify the methods of sanctions, situations in which the heads and deputies will be considered for exemption, reduction or even increased the sanctions against the responsibility of the heads and deputies in case corruption is found in their organizations;

3. Specify the procedures for sanctioning the heads and deputies in case corruption is found in their organizations.

Section 2. INSPECTION ON IMPLEMENTATION OF THE ANTI-CORRUPTION LAW BY ENTERPRISES AND NON-STATE ORGANIZATIONS

Article 56. Inspected entities

The inspected entities are:

1. Public companies;

2. Credit institutions;

3. Fundraising charities that are established by or have their charters approved by the Prime Minister, Minister of Home Affairs or Chairmen of the provincial People’s Committees.

Article 57. Inspection contents

1. The assurance of openness and transparency specified in Article 53 of this Decree.

2. The management of conflict of interest specified in Article 54 of this Decree.

3. The sanctions against the heads and deputies for allowing corruption to occur specified in Article 55 of this Decree.

4. Other contents relating the implementation of relevant law on anti-corruption in enterprises and non-state organizations.

Article 58. Basis for inspection decision

The decision on inspection must rely on one of the following basis:

1. Signs of failure to comply with regulations and law on corruption precautions, which include: failure to issue regulations; failure to implement or fully implement the precautions as regulated; implementation without inspecting or supervising the implementation as regulated;

2. The inspection is necessary for handling complains and reports on violations in the implementation of corruption precautions.

Article 59. Inspection competence

1. The Inspectorates of the Ministry responsible for the field or main business lines of a public company or credit institution have the authority to inspect its compliance with anti-corruption laws except for special cases specified in Point a Clause 3 and Clause 4 of this Article.

2. Inspectorate of the Ministry of Home Affairs shall inspect the compliance with anti-corruption laws fundraising charities that are established by or whose charters are approved by the Minister of Home Affairs except for special cases specified in Clause 4 of this Article.

3. The provincial inspectors shall inspect the compliance of anti-corruption laws of the following enterprises and organizations:

a) The public companies and credit institutions whose HQ situate within the province that are not inspected by the Ministry Inspectorates supervising the main business fields or business lines of the respective public companies and credit institutions when the basis specified in Article 58 of this decree is provided. The inspection decision must be sent to the competent Government Inspectorate and Ministry Inspectorates.

Before making the decisions to inspect, the provincial Chief Inspectors must contact the competent Ministry Chief Inspectorates. Report to the Inspector-General for consideration and decision if fail to reach a consensus.

b) Fundraising charities which are established or having the charters approved by the Chairmen of the provincial People’s Committees.

4. The Government Inspectorate shall inspect the compliance with anti-corruption laws of the fundraising charities which are established or having the approved by the Prime Minister; of the enterprises and organizations the inspection of which are authorized by the Prime Minister or not inspected by the inspecting authorities specified in Clauses 1, 2 and 3 of this Article in the cases specified in Article 58 of this Decree.

Article 60. Tasks and entitlements of inspection deciders, chief inspectors and inspectorate members; inspection procedures

1. During the inspection, the deciders, chief inspectors and members of the inspectorate shall have their tasks and powers specified in the law on inspection.

2. The procedures and deadline for the inspection on the compliance with anti-corruption laws shall comply with regulations and law on inspection.

Article 61. Inspection conclusion

1. The conclusion must guarantee the following contents:

a) Conclude the inspected contents;

b) Conclude the responsibilities of the heads of inspected enterprises, organizations for organizing and directing the compliance with anti-corruption laws on many levels; the lack of responsibilities for supervising; poor managerial capability;

c) Request the inspected enterprises and organizations to carry out measures to rectify the shortcomings and drawbacks in the compliance with anti-corruption laws;

d) Take actions against or propose that the competent individuals take actions against enterprises, organizations for violating anti-corruption laws as per law.

2. The inspection conclusion must be publicized in accordance with regulations and law on inspection. If it is concluded that the enterprises or organizations violate anti-corruption laws, then:

a) send the lists of violating enterprises to the ministries, the agencies supervising the main business fields or business lines of the enterprises for compiling, monitoring, managing and publicizing on the websites;

b) send the lists of violating organizations to the Ministry of Home Affairs or the corresponding Departments of Home Affairs for compiling, monitoring, managing and publicizing on the websites.

3. If the violations of anti-corruption laws show signs of criminals, the deciders must transfer the case file to the inspecting agencies while issue a written notice to the People’s Procuracies of the corresponding level as per law.

Article 62. Rights and obligations of inspected enterprises or organizations

The rights and obligations of inspected enterprises or organizations are specified in regulations and law on inspection.

Article 63. Handling overlaps in inspection on the compliance with the Law on Anti-Corruption of enterprises and organizations

1. If there are any overlaps relating the scope, subjects, contents or time of inspection between Inspectorates of different ministries, or between the inspectorate of a Ministry and the provincial inspectorate, the inspecting agencies must collaborate, discuss and reach the consensus on the solutions. To be specific:

a) If there are overlaps relating the inspected array, subjects, contents or time between the Inspectorates of different ministries, the Ministry Inspectorates in charge of state managing the main business fields or business lines of the inspected entities will conduct the inspection;

b) If there are overlaps relating the inspected array, subjects, contents or time between the Ministry Inspectorates or the provincial inspectors, the Ministry Inspectorates will conduct the inspections.

2. If inspecting agencies fail to reach a consensus on the solutions for the overlaps or the enterprises, organizations reflect, make proposals regarding the overlaps in the inspection, the Inspector-General shall consider and decide.

Within 10 days from the day on which the reflection, proposal papers are received, the Inspector-General shall issue a written notice on handling the overlaps relating the inspected array, subjects, contents and time.

Chapter VIII

PROVISION OF INFORMATION AT THE REQUEST OF AUTHORITIES AND ORGANIZATIONS

Article 64. Rights and obligations of the information requesting agencies and organizations

1. The agencies and organizations which request information shall have the rights to:

a) request information relating the operation of the agencies, organizations or units as specified in Clause 1 Article 14 of the Law on Anti-Corruption;

b) receive the requested information or written notice about refusing to provide or delayed provision of information;

c) complain about the failure to provide information or fulfill the obligations to provide information as per law.

2. The agencies and organizations which request information shall have the obligations to:

a) request information via written notice specifying full name, address and reasons of the requests;

b) exercise the rights to request information specified in the Law on Anti-Corruption and in this Decree;

c) not exploit the rights to request information to disrupt or commit any violations that harm the agencies, organizations or individuals;

d) comply with the legitimate decision to handle complaints relating the implementation of requesting for information.

Article 65. Rights and obligations of the requested organizations and agencies

1. The agencies and organizations which are requested for information shall have the rights to:

a) be aware of the reasons for information request;

b) refuse to provide information that is secrets of the State and other information as per law, information that has been publicized on mass media, due for publication or openly posted, information relating the operation of requested agencies, organizations;

c) request the recipient to use the provided information legally and ensure the accuracy when publishing the information.

2. The agencies and organizations which are requested for information shall have the obligations to:

c) provide information on paper for the agencies, organization and guarantee the correct procedures and deadline specified in the Law on Anti-Corruption and in this Decree;

b) respond on paper to the requesting agencies, organizations and state the reasons for not providing or delayed provision of information;

c) provide guidelines on accessing the requested information if that information has been publicized on mass media, due for publication or openly posted;

d) comply with the legitimate decision to handle complaints relating the implementation of requesting for information.

Article 66. Responsibilities of heads of agencies, organizations and units in provision of information at the request of agencies, organizations

The heads of agencies, organizations and units must arrange, direct the provision of information; be responsible for the violation in the obligations to provide information of their agencies, organizations and units as specified in the Law on Anti-Corruption, in this Decree and other regulations and law.

Article 67. Methods of requesting for information of organizations and agencies

1. The request for information is made on paper or digitized notice.

2. The written or digitized request must be sent directly to, via postal mail to or via online communication with the requested agencies, organizations, units or individuals.

Article 68. Response to the information request

Within 10 days from the day the request is received, the requested agencies, organizations or units must perform one of the followings:

1. Provide the information when the contents guarantee these conditions:

a) within the range of information allowed to be publicized by the Law on Anti-Corruption and by this Decree;

b) within the operation range of the requested agencies, organizations or units;

c) not yet published on mass media, due for publication or openly posted.

2. Respond on paper to the requesting agencies, organizations with not providing the information if the contents of the information fail to meet the requirements specified in Clause 1 of this Article and state the reasons.

3. If the information has been publicized on mass media, due for publication or openly posted, the mentioned response must provide guidelines on accessing that information.

Article 69. Protecting rights and obligations to request information of organizations and agencies

1. If the requesting agencies, organizations have evidence suggesting that the provided information is incomplete, they shall have the rights to complain.

2. Complaining and handling complaints about the rights to request information shall comply with the law on complaints.

Chapter IX

INFORMATION AND REPORT ON ANTI-CORRUPTION

Article 70. Reports of ministries, ministerial agencies, Governmental agencies and provincial People’s Committees

1. The ministries, ministerial agencies, Governmental agencies and provincial People’s Committees are responsible for reporting the implementation of anti-corruption at their respective ministries and provinces to the Government and sending the reports to the Government Inspectorate to develop the annual report on anti-corruption.

2. The Government Inspectorate is responsible for assisting the Government with informing and reporting; instructing, examining, encouraging the ministries and provinces to inform, report and compile annual nationwide report on anti-corruption.

Article 71. Responsibilities of Ministers, heads of ministerial agencies, heads of Governmental agencies and Chairmen of the provincial People’s Committees

1. The Ministers, heads of ministerial agencies, heads of Governmental agencies and Chairmen of the provincial People’s Committees are responsible for elaborating on informing and reporting; directing, expediting, examining the implementation of informing, reporting anti-corruption works within the respective ministries and provinces.

2. The Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairmen of the provincial People’s Committees must be responsible for the accuracy and objectivity of the reports on anti-corruption works.

Article 72. Information exchange between Government Inspectorate and Ministry of Public Security, People’s Supreme Procuracy, Supreme People’s Court, State Audit Office of Vietnam

1. The Government Inspectorate collaborates with the Ministry of Public Security, People’s Supreme Procuracy, Supreme People’s Court and State Audit Office of Vietnam in exchanging, providing information, documents and experience of anti-corruption works while inspecting, investigating, supervising or auditing.

2. The exchange and provision of information and documents relating anti-corruption works specified in Clause 1 of this Article must be swift, precise and timely.

Article 73. Information exchange between Government Inspectorate and other organizations relating anti-corruption works

1. The Government Inspectorate collaborates with the Central Committee of the Vietnamese Fatherland Front and its members, Vietnam Chamber of Commerce and Industry, enterprise associations, industry associations and press agencies in regular exchange and provision of information and documents relating anti-corruption through operations of the respective organizations.

2. The exchange and provision of information and documents relating anti-corruption specified in Clause 1 of this Article must be swift, precise and timely.

Article 74. Local information exchange relating anti-corruption works

The provincial People’s Committees are responsible for taking charge and cooperating with the People’s Procuracy, People’s Courts at the same level, Committees of the provincial Vietnamese Fatherland Front, the local enterprises associations, industry associations and press agencies in the exchange and provision of information and documents relating local anti-corruption works.

Article 75. Publicizing annual reports on anti-corruption works

1. The annual reports on anti-corruption works of the provincial People’s Committees are publicized by the Chairmen of the provincial People’s Committees on their websites. The deadline for publicizing the reports is the last working day of March each year.

2. The annual reports on anti-corruption works of ministries, ministerial agencies and Governmental agencies are publicized by the Ministers, heads of ministerial agencies and heads of Governmental agencies on their respective websites. The deadline for publicizing the reports is the last working day of March each year.

3. The annual report on anti-corruption works of the Government is publicized by the Prime Minister on the Government’s website. The deadline for publicizing the report is the last working day of April each year.

Chapter X

DISCIPLINING HEADS AND DEPUTIES OF AGENCIES, ORGANIZATIONS AND UNITS FOR ALLOWING CORRUPTION TO OCCUR AND SANCTIONS AGAINST OTHER VIOLATIONS RELATING ANTI-CORRUPTION LAWS

Section 1. DISCIPLINING HEADS AND DEPUTIES OF AGENCIES, ORGANIZATIONS AND UNITS WHEN CORRUPTION IS FOUND IN THEIR ORGANIZATIONS

Article 76. Basis for determining responsibilities

1. The responsibilities of the heads and deputies of agencies, organizations and units depend on the seriousness of the corruption.

2. The seriousness of the corruption shall be determined as follows:

a) Cases of first-degree corruption are those that are not serious enough for offenders to be criminally prosecuted or only to face financial punishment, non-custodial reform or imprisonment for no longer than 03 years.

b) Cases of second-degree corruption are those in which the offenders are sentenced with imprisonment from exceeding 03 years to no longer than 07 years;

c) Cases of third-degree corruption are those in which the offenders are sentenced with imprisonment from exceeding 07 years to no longer than 15 years;

d) Cases of fourth-degree corruption are those in which the offenders are sentenced with imprisonment from exceeding 05 years to no longer than 20 years, life imprisonment or death sentence.

Article 77. Discipline methods

If corruption is found in the organizations of the heads and deputies, depending on the nature and seriousness of the violations, they shall be disciplined as follows:

1. For the heads and deputies of agencies, organizations, units who are officials, public employees and managers of state enterprises, they will be disciplined with one of the followings:

a) Reprimands;

b) Warnings;

c) Dismissal.

2. The heads and deputies of the agencies, organizations and units affiliated to the socio-political-professional organizations, socio-professional organizations and social organizations will be disciplined according to current regulations and law and charter of the respective organizations.

3. The heads and deputies of the agencies, units who are officers, non-commissioned officers and professional servicemen in the people’s army and police forces will be disciplined according to the current regulations and law apply to officers, non-commissioned officers and professional servicemen in the people’s army and police forces

Article 78. Imposing discipline

1. The reprimands will be applied if first-degree corruption is found in the heads and deputies of the agencies, organizations, units.

2. The warnings will be applied if the heads and deputies of the agencies, organizations, units if second-degree corruption or multiple first-degree violations to occur within the agencies, organizations and units under their management.

3. The dismissal will be applied if the heads and deputies of the agencies, organizations and units allowing third and fourth-degree corruption or multiple second-degree violation to occur within the agencies, organizations and units under their management.

Article 79. Responsibilities to discipline

Within 30 working days from the day on which official conclusions, reports of the competent agencies or individuals on the case are produced or in which the sentence comes into force, the heads of direct superior agencies, organizations or units are responsible for disciplining or requesting the competent authorities to discipline the heads and deputies of agencies, organizations or units who are directly or jointly responsible for corruption in their organizations.

Article 80. Power and procedures to discipline the heads and deputies

The power and procedures to discipline the heads and deputies of agencies, organizations and units shall comply with regulations and law on disciplining officials and public employees.

Section 2. IMPOSING DISCIPLINE, ADMINISTRATIVE SANCTIONS FOR OTHER VIOLATIONS RELATING ANTI-CORRUPTION LAWS

Article 81. Sanctions against violations relating assurance of openness and transparency

1. If the individual violates regulations on openness and transparency while on an assignment, he/she will be disciplined as follows:

a) Reprimands shall be imposed on the individual who violates regulations on the contents, methods, deadline of the implementation of publicizing, providing information, explaining and violates the reporting regime on anti-corruption laws;

b) Warnings shall be imposed on the individual who fails to implement openness, organize press conferences, provide information, explain, develop or publicize report on anti-corruption works.

2. The head of agency, organization or unit whose violation relates the directing, command, examining, expediting the assurance of openness and transparency will be disciplined in the form of warnings.

Article 82. Sanctions against violations relating policies, threshold and standards

1. The individual who allows usage in violation of threshold, standards or policies will be disciplined in the form of warnings if his/her violation is not serious enough for him/her to face criminal prosecution; will have to return the amount allowed to be used illegally and pay the damages (if any).

2. The individual whose usage is in violation of threshold, standards or policies and is not serious enough for him/her to face criminal prosecution will have to jointly pay for the excess usage and be disciplined as follows:

a) Reprimands shall be imposed on the individual who is not aware that the usage is illegal;

b) Warnings shall be imposed on the individual who is aware or supposed to be aware that the usage is illegal.

3. The individual whose deliberate usage is in violation of threshold, standards or policies and is not serious enough for him/her to face criminal prosecution will be disciplined in the form of warnings; will have to return the illegal usage and pay the damages (if any).

Article 83. Sanctions against violations relating code of conduct of office holders in agencies, organizations and units

1. The office holder whose violation includes any of the provisions specified in Clause 2 Article 20 of the Law on Anti-Corruption and is not serious enough for him/her to face criminal prosecution will be disciplined as follows:

a) Reprimands shall be imposed on the first offender of corruption in his/her affairs; of illegally using information of his/her agency, organization or unit;

b) Warnings shall be imposed on the individual who displays corrupted act, illegally uses information of his/her agency, organization or unit and has been disciplined in the form of reprimands; the individual who consults other domestic or foreign enterprises, organizations, individuals about the affairs directly or indirectly under his/her jurisdiction.

c) Dismissal shall be imposed on the individual who consults other domestic or foreign enterprises, organizations, individuals about the affairs relating the secrets of the State, secret affairs;

d) Dismissal shall be imposed on the individual who establishes, manages and operates sole proprietorship, limited liability companies, joint - stock companies, partnerships or cooperatives unless specified otherwise;

2. Warnings shall be imposed on the head and deputy of agency, organization or unit who, for the first time, assigns his/her spouses, biological parents, children, siblings to hold managerial ranks in positions such as human resources, accountants, treasurers, warehouse-keepers in the agencies, organizations, units or to trade goods, services, sign contracts with his/her agency, organization or unit.

3. Dismissal shall be imposed on the head and deputy of agency, organization or unit who assigns his/her spouses, biological parents, children, siblings to hold managerial ranks in positions such as human resources, accountants, treasurers, warehouse-keepers in the agencies, organizations, units or to trade goods, services, sign contracts with such agency, organization or unit and has been disciplined in the form of warnings; the head and deputy of regulatory agencies who makes capital contribution to enterprises within the fields, specialities directly under his/her state management or allows his/her spouses, parents or children to do business within the fields, specialities directly under his/her state management.

4. The members of the Board of Directors, members of the Board of Members, Chairman, General Director, Deputy General Director, Director, Deputy Director, Chief Accountant and other office holders of state enterprise whose violations include signing contracts with enterprises owned by their spouses, biological parents, children, siblings; allowing enterprises owned by their spouses, biological parents, children, siblings to sign contracts with their enterprise; assigning their spouses, biological parents, children, siblings to hold managerial ranks in positions such as human resources, accountants, treasurers, warehouse-keepers in the enterprise or to trade goods, services, sign contracts with the enterprise and are not serious enough for them to face criminal prosecution will be disciplined as follows:

a) Reprimands shall be imposed on the first offender;

b) Warnings shall be imposed on the individual who repeats the violation after having been disciplined in the form of reprimands.

5. Apart from disciplining as specified from Clause 1 to Clause 4 of this Article, relating agencies, organizations, units and individuals must take various measures to rectify and to pay the damages as per law.

Article 84. Sanctions against violations relating conflict of interest

1. If the individual currently on the assignment is aware of or supposed to be aware of his/her conflict of interest without reporting it, he/she will be disciplined as follows:

a) Reprimands shall be imposed on the first offender;

b) Warnings shall be imposed on the individual who repeats the violation after having been disciplined in the form of reprimands; on the first offender of second-degree corruption.

2. If the competent individual is aware of or supposed to be aware of the conflict of interest without taking necessary measures to manage the conflict of interest according to the Law on Anti-Corruption, he/she will be disciplined as follows:

a) Reprimands shall be imposed on the first offender;

b) Warnings shall be imposed on the individual who repeats the violation after having been disciplined in the form of reprimands; on the first offender of second-degree corruption.

Article 85. Sanctions against violations relating reporting, processing report on corrupted acts

1. If public official, employee or worker discovers corrupted acts in his/her agency, organization or unit without reporting to the head of respective agency, organization or unit, he/she will be disciplined as follows:

a) Reprimands shall be imposed on the first offender;

b) Warnings shall be imposed on the individual who repeats the violation after having been disciplined in the form of reprimands; on the first offender in case second-degree corruption is found in his/her organization.

2. If the head of agency, organization or unit fails to handle the case after receiving the report on the corruption, he/she will be disciplined as follows:

a) Reprimands shall be imposed on the first offender;

b) Warnings shall be imposed on the individual who repeats the violation after having been disciplined in the form of reprimands; on first offender in case second-degree corruption is found in his/her organization.

c) Dismissal shall be imposed on the individual who repeats the violation after having been disciplined in the form of warnings; on first offender in case third or fourth-degree corruption is found in his/her organization.

Article 86. Power and procedures to impose discipline for violations relating anti-corruption laws

1. The public officials and employees shall comply with regulations and law on disciplining public officials and employees.

2. The individuals working in agencies, organizations and units affiliated to the People's Army, People’s Public Security shall comply with regulations and law on disciplining in the People’s Army, People’s Public Security.

3. The individuals working in state enterprises shall obey rules for disciplining in state enterprises.

4. If the public officials and employees who are members of the Communist Party commit violations, apart from being disciplined as per law soft, they must also be judged and disciplined according to the charter of the Communist Party.

5. The individuals working in other non-state socio-political organizations, social organizations, socio-professional organizations, or organizations, enterprises shall comply with rules and regulations of the respective organizations.

Article 87. Imposing administrative sanctions for other violations relating anti-corruption in state enterprises, organizations and units

The imposing administrative sanctions for other violations relating anti-corruption in state enterprises and other organizations, units established, provided with facilities, fully or partially funded, directly or indirectly supervised by the Government so as to serve the common and necessary need of the Government and society to develop shall comply with regulations and law on administrative sanctions for managing, using state property and other relevant laws.

Chapter XI

IMPLEMENTATION PROVISIONS

Article 88. Entry into force

1. This Decree comes into force from August 15, 2019.

2. The following legislative documents will expire from the day this Decree comes into force:

a) Decree No. 107/2006/ND-CP dated September 22, 2006 of the Government of disciplining the head of agencies, organizations or units in case corruption is found in their agencies, organizations or units;

b) Decree No. 47/2007/ND-CP dated March 27, 2007 of the Government on elaborating on a number of articles in the Law on Anti-Corruption relating society’s role and responsibility in anti-corruption;

c) Decree No. 102/2007/ND-CP dated June 14, 2007 of the Government on the periods during which cadres, civil servants and employees may not do business in the domain under their previous management;

d) Decree No. 158/2007/ND-CP dated October 27, 2007 of the Government on the list of positions subject to and periods of reassignment for cadres, public employees and servants;

dd) Decree No. 59/2013/ND-CP dated June 17, 2003 of the Government on elaborating on a number of articles of the Law on Anti-Corruption;

e) Decree No. 90/2013/ND-CP dated August 08, 2013 of the Government specifying the accountability of regulatory agencies in the implementation of assigned tasks and powers;

g) Decree No. 211/2013/ND-CP dated December 19, 2013 of the Government on amendments to a number of articles of Decree No. 107/2006/ND-CP dated September 22, 2006 of the Government on disciplining the heads of agencies, organizations or units in case corruption is found in their organizations;

h) Decree No. 150/2013/ND-CP dated November 01, 2013 of the Government on amendments to a number of articles of Decree No. 158/2007/ND-CP dated October 27, 2007 of the Government on the list of positions subject to and periods of reassignment for cadres, public employees and servants ;

Decision No. 64/2007/QD-TTg dated May 10, 2007 of the Prime Minister promulgating the regulation on giving, receipt and hand-over of gifts by state budget-funded agencies, organizations and units and cadres, public employees and servants.

Article 89. Responsibility for implementation

Related ministers, heads of ministerial agencies, heads of Governmental agencies, Chairman of the Provincial People’s Committee, agencies, organizations and individuals are responsible for the implementation of this Decree./.

 

PP. THE GOVERNMENT THE PRIME MINISTER Nguyen Xuan Phuc

 

APPENDIX

The list of positions subject to periodical reassignment
(Issued together with Decree No. 59/2019/ND-CP dated July 01, 2019 of the Government)

a. Managing budget, property of agencies, units

1. Persons whose task is allocating the budget.

2. Accountants.

3. Persons whose task is public procuring.

B. Responding and handling affairs directly

I. Assessing officials

1. Persons whose tasks are assessing personnel to request the competent authorities to appoint, allocate, reassign, train and improve public officials and employees.

2. Persons whose tasks are employing public officials and employees; setting examinations to increase titles of public officials and employees; setting examinations to increase rank of public employees.

3. Persons whose tasks are assessing files relating the organizational structures and payroll to request approval from the competent authorities.

4. Persons whose tasks are assessing projects on the establishment, rearrangement of various agencies, organizations, units and state enterprises, NGOs, industry associations.

5. Persons whose tasks are assessing the application to establish, merge, divide or modify administrative subdivisions.

6. Persons whose tasks are assessing files relating various methods of competing, awarding and disciplining to request approval from the competent authorities.

7. Persons whose tasks are allocating education quota and budget.

8. Persons whose tasks are managing, implementing salary policies for public officials, employees and workers.

II. Finance, banking

1. Persons whose task is managing entities subject to paying tax.

2. Persons whose tasks are collecting, controlling, refunding, making statements on tax, managing and dispensing prints.

3. Persons whose tasks are inspecting export and import goods.

4. Persons whose tasks are assessing, examining and making statements on expenses in accordance with the Law on state budget.

5. Persons whose task is licensing the operation of bank credit institutions.

6. Persons whose tasks are implementing the extension of credit at state credit institutions; assessing and extending credit; implementing the accounting and checking safety management of vaults operations.

7. Persons whose tasks are collecting public debt, bad debt; buying and selling debt; assessing and evaluating price in auctions.

8. Persons whose tasks are dispensing money, goods belong to the State Treasury and state reserves.

9. Persons whose tasks are paying social insurance and health insurance.

10. Persons whose tasks are licensing the operation of foreign exchange, trading gold, silver, jewels.

11. Persons whose tasks are inspecting, supervising banking operations.

III. Industry and trade

1. Persons whose tasks are licensing various operations relating exporting importing, commerce services.

2. Persons whose tasks are licensing operations relating guaranteeing safety standards in business operations.

3. Persons whose tasks are controlling the markets.

IV. Construction

1. Persons whose task is licensing the operations relating construction.

2. Persons whose task is assessing the construction projects.

3. Persons whose task is managing the planning for construction.

4. Persons whose tasks are managing, supervising the quality of constructions.

5. Persons whose tasks are assessing, making plans, controlling, supervising, allocating, compensating, clearing land.

V. Traffic

1. Persons whose tasks are assessing the technical features, managing traffic works.

2. Persons whose task is registering the means of transportation.

3. Persons whose tasks are testing, licensing the persons controlling vehicles.

4. Persons whose tasks are assessing, making plans, controlling, supervising, allocating, compensating, clearing land.

VI. Medical

1. Persons whose task is providing the food safety and hygiene permit.

2. Persons whose tasks are licensing the medical, medicine operations.

3. Persons whose tasks are licensing, certifying the facilities qualified for manufacturing cattle, poultry feeds

4. Persons whose task is licensing the import of modern medicines.

5. Persons whose tasks are licensing the import of insecticides, sterilizing chemicals.

6. Persons whose task is licensing the import of cosmetics.

7. Persons whose tasks are inspecting the standards and quality of products.

8. Persons whose tasks are managing, supervising, providing various medication; herbal ingredients, medical equipments, supplies; colored products relating healthcare and social benefits.

9. Persons whose tasks are assessing and evaluating various kinds of modern medicines.

VII. Culture - Sports and Tourism

1. Persons whose tasks are assessing the application and licensing the provision of international travel services.

2. Persons whose tasks are assessing the application and providing the national heritage certificate.

3. Persons whose tasks are assessing the application and licensing the permit for the exploration, excavation relating archaeology.

4. Persons whose tasks are assessing the application and providing the permit for bringing the antiques that do not belong to the state, political organizations, socio-political organizations overseas.

5. Persons whose tasks are assessing the application and licensing art shows, fashion shows, beauty and model contests.

6. Persons whose tasks are assessing the application and licensing the import of cultural products for non-commercial purposes.

7. Persons whose tasks are assessing the application, requesting the competent authorities to recognize the rating of tourist accommodation establishments.

8. Persons whose tasks are assessing and licensing the shows, performances, acts of Vietnamese organizations and individuals perform overseas and of foreign organizations and individuals perform in Vietnam.

9. Persons whose tasks are assessing, requesting to approve projects relating preserving and restoring national historical heritage and special national site as per law.

10. Persons whose tasks are requesting approval or entering an agreement on constructions in protected areas II of national heritage and special national site.

VIII. Information and Communications

1. Persons whose tasks are licensing the operation of post. telecommunication, information technology, press and publishing.

2. Persons whose tasks are providing and allocating information resources (digital databases, frequency, Internet resources, satellite orbit).

3. Persons whose task is managing advertisements on radio devices, televisions and Internet.

4. Persons whose tasks are allocating, assessing and managing various projects relating information technology and communication.

IX. Natural Resources and Environment

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

2. Persons whose tasks are licensing the scouting, exploration, extraction and processing minerals.

3. Persons whose tasks are licensing the processing and transportation of toxic waste.

4. Persons whose tasks are providing the certificate of conformity with environment standards.

5. Persons whose tasks are licensing the exploration, extraction and use of water resources and releasing wastewater into the water sources.

6. Persons whose tasks are processing the application for land allocation, lease, expropriation, repurposing, use rights registration, land-attached asset ownership and use rights.

7. Persons whose tasks are selling, leasing the land-attached assets; allocating quota; managing the application of compensation, determining land users belong to compensated, aided subjects; level of compensation, aid during land clearance.

8. Persons whose task is sanctioning violations relating environment.

X. Agriculture and Rural Development

1. Persons whose tasks are providing land lease, allocated land permit; managing species on the precious and rare lists.

2. Persons whose task is quarantining animals.

3. Persons whose task is managing forest.

4. Persons whose tasks are managing the veterinary drugs, agrochemical, animal, cattle, poultry diseases.

5. Persons whose tasks are monitoring, managing the protection of aquatic resources, controlling quality of safety and hygiene, veterinary, fishery.

XI. Investing and foreign affairs

1. Persons whose tasks are assessing, certifying the investment into Vietnam and out of Vietnam.

2. Persons whose task is assessing the projects.

3. Persons whose tasks are bidding and managing the bidding.

4. Persons whose tasks are establishing, allocating and managing capital plans.

5. Persons whose task is managing the planning.

6. Persons whose tasks are managing the industrial parks - export-processing zones.

7. Persons whose tasks are managing enterprises and registrations of business.

8. Persons whose task is managing the ODA.

9. Persons whose tasks are receiving and processing the consular files.

XII. Justice

1. Enforcement officers of civil judgement enforcement authorities of all levels.

2. Civil judgement assessment officer.

3. Persons whose tasks are registering for marriage involving foreigners, registering security interest.

4. Persons whose tasks are correcting and certifying the judicial documents.

XIII. Labor—War Invalids and Social Affairs

1. Persons whose task is assessing the application for bringing Vietnamese laborers overseas for contract works.

2. Persons whose tasks are assessing the application for establishing vocational college, professional intermediate school; licensing the operation of vocational training for vocation facilities; allocating the quota and expenses of providing vocational education.

3. Persons whose tasks are assessing the dossier of persons having rendered meritorious services; Approving, dispensing benefits to the persons having rendered meritorious services.

4. Persons whose tasks are assessing and providing the certificate of eligibility to inspect technical safety.

5. Persons whose tasks are assessing and issuing work permits for foreign workers in Vietnam.

XIV. Science and Technology

1. Persons whose tasks are collaborating, exchanging foreign science and technology.

2. Persons whose tasks are assessing the application for issuance, amendment, suspension, extension of various permits, certifications, registration relating the state management in science and technology.

3. Persons whose tasks are assessing, evaluating the use of technology for investment projects.

4. Persons whose tasks are assessing, consulting the provision of Intellectual property certificates.

5. Persons whose tasks are allocating, assessing various scientific research relating Science and Technology.

XV. Education and training

1. Persons whose tasks are enrolling, training in public schools.

2. Persons whose tasks are allocating the enrollment and training quota to various schools in the national education system; allocating training quota for post-graduate and overseas education.

3. Persons whose tasks are assessing, approving education and improvement programmes of schools in the national education system.

4. Persons whose tasks are assessing textbooks, teaching equipments, other technical supplies support the teaching and research.

5. Persons whose tasks are assessing the application for establishing schools in national education system.

6. Persons whose tasks are managing various projects relating Education and Training.

7. Persons whose tasks are allocating, assessing various scientific research relating Education and Training.

XVI. National defense

1. Policy assistants of Military commands of districts.

2. Military Commanders of the Military Commands of districts and similar levels.

3. Directors of employment services Centers of provinces.

4. heads, vices of Border guard posts.

5. Personnel assistants, Officer assistants of Regiment or higher.

6. Assistant managers of cadets, enrolment, policies and insurance of various schools.

XVII. Public security

1. Persons whose tasks are providing visa, managing the entry and exit, migrating, residing of foreigners in Vietnam.

2. Persons whose task is supervising border checkpoints.

3. Persons whose tasks are registering and providing license plate for various vehicles; patrolling, inspecting and taking administrative sanctions for road, waterway or railway traffic violations.

4. Persons whose tasks are registering and managing registration books.

5. Persons whose tasks are registering, managing conditional business lines.

6. Investigators, scouts (for various fields such as: economic, anti-corruption, smuggling, crime, drugs, environment).

7. Persons whose tasks are assessing and approving the fire prevention design, examining the fire prevention safety.

8. Persons whose task is conscripting the citizens to join the People’s Public Security for specific term, employing officials.

9. Persons whose task is taking actions against the violations relating public safety and order.

10. Supervisors and wardens in the prisons, detention centers.

11. Warehouse-keepers, treasures, capital managers, property, asset, vehicle managers, managing and assessing projects, managing constructions and investment plans, purchasing, dispensing and managing weapons, resources, managing supplies.

XVIII. Inspection and anti-corruption

1. Persons whose tasks are inspecting, meeting citizens, handling complaints, denunciation and anti-corruption works of agencies, organizations and units.

2. Officials who are assigned to carry out specialized inspections.