Chương III Luật phòng, chống tham nhũng 2005: Phát hiện tham nhũng

Chapter III

DETECTION OF CORRUPTION

Section 1. INSPECTION WORK OF AGENCIES, ORGANISATIONS, UNITS

Article 59.- Inspection work of state management agencies

1. Heads of state management agencies shall have the responsibility to regularly organise the inspection of law observance by agencies, organisations, units and individuals under their respective management in order to detect in time acts of corruption.

2. Upon detection of corrupt acts, heads of state management agencies must promptly handle them according to their competence or notify them to competent inspecting or investigating bodies, procuracies.

Article 60.- Inspection work of agencies, organisations, units

1. Heads of agencies, organisations or units shall have the responsibility to take initiative in organising inspection of the performance of tasks, official duties by public servants who regularly and directly handle affairs of agencies, organisations, units or individuals and by other public servants under their respective management in order to promptly detect, stop and handle acts of corruption.

2. Heads of agencies, organisations or units shall have the responsibility to regularly urge heads of their attached units to inspect the performance of tasks and official duties by public servants under their management.

3. Upon detection of corrupt acts, heads of agencies, organisations or units must promptly handle them according to their competence or notify them to competent inspecting, investigating bodies and procuracies.

Article 61.- Inspection forms

1. Regular inspections must be carried out under programs, plans, focusing on domains and activities where corrupt acts often occur.

2. Unexpected inspections shall be carried out upon detection of signs of corruption.

Section 2. DETECTION OF CORRUPTION THROUGH ACTIVITIES OF INSPECTION, AUDIT, INVESTIGATION, CONTROL, ADJUDICATION AND/OR SUPERVISION

Article 62.- Detection of corruption through activities of inspection, audit, investigation, control, adjudication

Inspectorates, state audit, investigating bodies, procuracies and courts shall, through inspecting, auditing, investigating, controlling or adjudicating activities, have the responsibility to take initiative in detecting corrupt acts and handle them according to their respective competence or propose the handling thereof according to the provisions of law and take responsibility before law for their decisions.

Article 63.- Detection of corruption through supervisory activities

The National Assembly, National Assembly agencies, delegations of National Assembly deputies, People's Councils, National Assembly deputies, People's Council deputies shall, through supervisory activities, have the responsibility to detect corrupt acts, request or propose the handling thereof according to the provisions of law.

Section 3. DENUNCIATIONS AND SETTLEMENT OF DENUNCIATIONS ABOUT CORRUPT ACTS

Article 64.- Denunciations about corrupt acts and responsibilities of denouncers

1. Citizens shall have the right to denounce corrupt acts to competent agencies, organisations or individuals.

2. Denouncers must make honest denunciations, clearly state the full names, addresses, supply information and documents they have and cooperate with agencies, organisations or individuals competent to settle denunciations.

3. Denouncers who deliberately make untruthful denunciations must be strictly handled; if causing damage to the denounced persons, they must pay compensations therefor according to the provisions of law.

Article 65.- Responsibility to receive and settle denunciations

1. Agencies, organisations, units and individuals shall have the responsibility to create favorable conditions for citizens to personally make oral denunciations, send written denunciations, make denunciations via telephone, make denunciations via electronic information networks and other forms under the provisions of law.

2. Heads of competent agencies or organisations, when receiving denunciations about corrupt acts, must consider and handle them according to their competence; keep secret the full names, addresses, autographs and other information of denouncers at the latter's request; promptly apply necessary measures to protect denouncers when there appear signs of intimidation, revenge or retaliation against them or when so requested by denouncers; notify the results of settlement of denunciations to denouncers when so requested.

3. Inspectorates shall have the responsibility to assist heads of state management agencies of the same level in verifying and concluding on denunciation contents and propose handling measures; in case of detecting signs of crime, they shall transfer the cases to competent investigating bodies and procuracies for handling according to legal provisions on criminal procedures.

Investigating bodies and procuracies which have received denunciations about corrupt acts must handle them according to competence.

4. The time limit for settlement of denunciations, the time limit for replying denouncers shall comply with the provisions of law.

Article 66.- Coordination responsibilities of agencies, organisations, units, individuals Agencies, organisations, units and individuals shall, within the ambit of their respective tasks and powers, have to create conditions for and cooperate with, agencies, organisations and/or individuals competent to settle denunciations in detecting, preventing, stopping and handling in time corrupt acts, limiting damage caused by corrupt acts.

Article 67.- Commending denouncers

Persons who make honest denunciations, actively collaborate with competent agencies, organisations or individuals in detecting, preventing, stopping and handling corrupt acts shall be commended materially and/or spiritually according to the provisions of law.

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