Chương III Nghị định 59/2019/NĐ-CP : Đánh giá về công tác phòng, chống tham nhũng

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.