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.
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