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