Chương II Nghị định 59/2019/NĐ-CP: Trách nhiệm giải trình

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.