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.
Tìm kiếm
Nghị định 59/2019/NĐ-CP (Bản Pdf)
Nghị định 59/2019/NĐ-CP (Bản Word)
