Anti-Corruption Law, Law No. 36/2018/QH14

ANTI-CORRUPTION LAW^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Anti-Corruption Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law prescribes the prevention and detection of corruption; and handling of corruption and acts of violation of the anti-corruption law.

Article 2. Acts of corruption

1. Acts of corruption committed by persons with positions and powers in agencies, organizations and units in the state sector include:

a/ Embezzling assets;

b/ Taking bribes;

c/ Abusing positions and powers to appropriate assets;

d/ Abusing positions and powers while performing tasks or public duties for personal gain;

dd/ Misusing powers while performing tasks or public duties for personal gain;

e/ Abusing positions and powers to influence others for personal gain;

g/ Committing fraud in work for personal gain;

h/ Giving bribes or brokering bribery for settlement of affairs of agencies, organizations, units or localities for personal gain;

i/ Abusing positions and powers to illegally use public assets for personal gain;

k/ Committing harassment for personal gain;

l/ Failing to perform or to properly or fully perform tasks or public duties for personal gain;

m/ Abusing positions and powers to cover persons who commit law-breaking acts for personal gain; illegally obstructing or intervening into the supervision, examination, inspection, audit, investigation, prosecution, trial or judgment execution for personal gain.

2. Acts of corruption committed by persons with positions and powers in enterprises or organizations in the non-state sector include:

a/ Embezzling assets;

b/ Taking bribes;

c/ Giving bribes or brokering bribery for settlement of affairs of enterprises or organizations for personal gain.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Corruption means an act committed by a person with positions and powers who abuses such positions and powers for personal gain.

2. Person with positions and powers means a person who is appointed, elected or recruited, or works under a contract or in another form with or without receiving salary, is assigned to perform a certain task or public duty and has a certain power while performing such task or duty. These persons include:

a/ Cadres, civil servants and public employees;

b/ Officers, professional army men, and national defense workers and employees in agencies or units of the People’s Army; operation officers and non-commissioned officers, specialized technical officers and non-commissioned officers, and public security workers in agencies or units of the People’s Public Security forces;

c/ Persons acting as representatives of state capital amounts at enterprises;

d/ Persons holding managerial titles or positions in enterprises or organizations;

dd/ Other persons assigned to perform tasks or public duties and having powers while performing such tasks or duties.

3. Asset derived from corruption means an asset obtained or originating from corruption.

4. Publicity and transparency of information about the organization and operation of an agency, an organization or a unit means the disclosure or provision of information and explanations about the organizational apparatus and performance of tasks, powers and responsibilities of an agency, an organization or a unit.

5. Accountability means that a competent agency, organization, unit or individual clarifies information about and promptly and fully explains its/his/her decision or act while performing its/his/her task or public duty.

6. Harassment means authoritarian, imperious, demanding, obstructing or troubling acts of a person with positions and powers while performing his/her task or public duty.

7. Personal gain means material or non-material benefits that a person with positions and powers wishes to gain illegitimately through abusing his/her positions and powers.

8. Conflict of interest means a circumstance where the interests of a person with positions and powers or his/her relative have an improper influence or will have an improper influence on the performance of his/her task or public duty.

9. Agencies, organizations and units in the state sector (below referred to as agencies, organizations and units) include state agencies, political organizations, socio-political organizations, people’s armed forces units, public non-business units, state enterprises, and other organizations and units which are established and have physical foundations invested and operating funds wholly or partially allocated by the State, and which the State directly manages or participates in managing in order to serve common development and essential needs of the State and society.

10. Enterprises and organizations in the non-state sector means enterprises and organizations other than those defined in Clause 9 of this Article.

Article 4. Responsibilities of agencies, organizations and units and of enterprises and organizations in the non-state sector in corruption prevention and combat

1. Within the ambit of their tasks and powers, agencies, organizations and units have the following responsibilities:

a/ To take corruption prevention measures; to promptly detect and handle corruption according to their competence or propose competent state agencies to handle corruption occurring in agencies, organizations or units; to implement other regulations on corruption prevention and combat;

b/ To protect lawful rights and interests of persons who notify, report, denounce or provide information about acts of corruption;

c/ To receive and promptly handle notifications, reports, denunciations and information about acts of corruption;

d/ To promptly provide information to, and comply with requests of, competent agencies, organizations, units or individuals in detecting and handling corruption.

2. Enterprises and organizations in the non-state sector have the following responsibilities:

a/ To take corruption prevention measures; to promptly detect, notify, and coordinate with competent state agencies in, deterring and handling corruption occurring in enterprises and organizations in accordance with law as well as their charters and regulations;

b/ To promptly provide information about acts of corruption committed by persons with positions and powers and coordinate with competent state agencies in deterring and handling corruption.

Article 5. Rights and obligations of citizens in corruption prevention and combat

1. Citizens have the right to detect, notify, denounce and provide information about acts of corruption and shall be protected and commended in accordance with law; and have the right to propose state agencies to improve the anti-corruption law and oversee the implementation of the anti-corruption law.

2. Citizens have the obligation to cooperate with and assist competent agencies, organizations and individuals in corruption prevention and combat.

Article 6. Dissemination of and education about corruption prevention and combat

1. Information and communications agencies and other agencies, organizations and units shall, within the ambit of their tasks and powers, disseminate, and organize education about, corruption prevention and combat with a view to raising awareness of citizens and persons with positions and powers.

2. Education and training institutions shall incorporate contents of education about personality, morality and lifestyle for corruption prevention and combat in education and training programs for upper secondary school pupils, students, trainees and persons with positions and powers in accordance with law.

Article 7. Oversight of anti-corruption work

1. The National Assembly and its Standing Committee shall oversee anti-corruption work nationwide.

2. The Ethnic Council and Committees of the National Assembly shall, within the ambit of their tasks and powers, oversee anti-corruption work in the fields under their management.

3. The National Assembly’s Committee on Judicial Affairs shall, within the ambit of its tasks and powers, oversee the detection and handling of corruption.

4. National Assembly deputies’ delegations and National Assembly deputies shall, within the ambit of their tasks and powers, oversee anti-corruption work.

5. People’s Councils, Standing Bodies of People’s Councils, Boards of People’s Councils, groups of People’s Council deputies, and People’s Council deputies shall, within the ambit of their tasks and powers, oversee anti-corruption work in localities.

Article 8. Prohibited acts

1. The acts of corruption specified in Article 2 of this Law.

2. Intimidating, taking revenge on, retaliating, or revealing information about persons who notify, report, denounce, or provide information about acts of corruption.

3. Abusing the notification of, reporting on, denunciation of, or provision of information about, acts of corruption to slander other agencies, organizations, units or individuals.

4. Covering acts of corruption; illegally deterring or intervening into the detection and handling of corruption, and other acts of violation of the anti-corruption law as prescribed in Section 2, Chapter IX of this Law.

Chapter II

PREVENTION OF CORRUPTION IN AGENCIES, ORGANIZATIONS AND UNITS

Section 1

PUBLICITY AND TRANSPARENCY OF INFORMATION ABOUT THE ORGANIZATION AND OPERATION OF AGENCIES, ORGANIZATIONS AND UNITS

Article 9. Principles of publicity and transparency

1. Agencies, organizations and units shall ensure publicity and transparency of information about their organization and operation, except the contents classified as state secrets or business secrets and other contents prescribed by law.

2. The publicity and transparency of information must ensure the accuracy, clarity, completeness and timeliness according to the order and procedures set by competent agencies, organizations or units and comply with law.

Article 10. Contents subject to publicity and transparency

1. Agencies, organizations or units shall ensure publicity and transparency of the following contents in accordance with law:

a/ Implementation of policies and laws having the contents related to lawful rights and interests of cadres, civil servants and public employees; workers; and officers and men in the armed forces, and citizens;

b/ Arrangement, management and use of public finances, public assets or funds raised from other lawful sources;

c/ Organization and personnel work of agencies, organizations or units; code of conduct of persons with positions and powers;

d/ Implementation of policies and laws having the contents other than those specified at Points a, b and c of this Clause which are required by law to be made public and transparent.

2. Agencies, organizations or units that directly settle affairs of other agencies, organizations, units or individuals shall comply with Clause 1 of this Article as well as regulations on publicity and transparency of administrative procedures.

Article 11. Forms of publicity

1. Forms of publicity include:

a/ Publicizing information at meetings of agencies, organizations or units;

b/ Displaying information at offices of agencies, organizations or units;

c/ Sending written notices to related agencies, organizations, units and individuals;

d/ Distributing printed publications;

dd/ Notifying information in the mass media;

e/ Posting information on portals or websites;

g/ Holding press conferences;

h/ Providing information at the request of agencies, organizations, units or individuals.

2. In case forms of publicity are not prescribed by another law, heads of agencies, organizations or units shall apply one or several of the forms of publicity specified at Points b, c, d, dd, e and g, Clause 1 of this Article. They may also choose the forms of publicity prescribed at Points a and h, Clause 1 of this Article.

Article 12. Responsibility to ensure publicity and transparency

1. Heads of agencies, organizations or units shall organize the implementation of publicity and transparency of information about the organization and operation of their agencies, organizations or units in accordance with this Law and other relevant laws.

2. Heads of agencies, organizations or units shall direct, examine, urge and guide agencies, organizations, units and individuals under their management in the implementation of publicity and transparency; if detecting violations of regulations on publicity and transparency, they shall handle such violations according to their competence or propose competent persons to handle them in accordance with law.

Article 13. Organization of press conferences, making of statements, and provision of information to the press

1. Agencies, organizations or units shall organize press conferences, make statements and provide information on a periodical or unscheduled basis to the press on their organization and operation, anti-corruption work, and handling of corruption cases and matters in accordance with the press law.

2. Agencies, organizations or units shall organize press conferences, make statements and provide information on an unscheduled basis to the press for cases related to their organization and operation which are of public concern, unless otherwise prescribed by the press law.

Article 14. Right to request provision of information

1. State agencies, political organizations, socio-political organizations, and press agencies may, within the ambit of their tasks and powers, request responsible agencies, organizations or units to provide information about their latter’s organization and operation in accordance with law.

Within 10 days after receiving a request, the requested agency, organization or unit shall provide information, except the information details already publicized in the mass media, printed in publications or publicly displayed; if such agency, organization or unit does not or cannot provide information yet, it shall give a written reply stating the reason to the requesting agency or organization.

2. Citizens may request state agencies to provide information in accordance with the law on access to information.

3. The provision of information by agencies, organizations or units to their cadres, civil servants, public employees, workers, and officers and men in the armed forces who work in such agencies, organizations or units must comply with the law on exercise of democracy at the grassroots level and other relevant laws.

Article 15. Accountability

1. Agencies, organizations, units and individuals shall be accountable for their decisions or acts in performing their assigned tasks or public duties at the request of the agencies, organizations, units or individuals directly affected by such decisions or acts. The accountability rests with heads of agencies, organizations or units or persons lawfully assigned or authorized to implement accountability.

2. In case the press publishes information about violations and requires feedback on issues related to the performance of assigned tasks or public duties, the competent agency, organization, unit or individual shall give explanations and publicize them in the press in accordance with law.

3. The giving of explanations at the request of a competent agency in charge of oversight or another competent agency, organization, unit or individual must comply with relevant laws.

4. The Government shall detail Clause 1 of this Article.

Article 16. Making and publicization of reports on anti-corruption work

1. Annually, the Government shall report to the National Assembly on anti-corruption work nationwide; the People’s Committee at a level shall report on anti-corruption work in the locality to the People’s Council of the same level.

2. The Supreme People’s Court, Supreme People’s Procuracy and State Audit Office of Vietnam shall coordinate with the Government in preparing reports on anti-corruption work nationwide.

3. A provincial- or district-level People’s Court and People’s Procuracy shall coordinate with the same-level People’s Committee in preparing reports on anti-corruption work in the locality.

4. A report on anti-corruption work must have the following contents:

a/ Assessment of the situation of corruption;

b/ Results of implementation of measures to prevent, detect and handle corruption and recover assets derived from corruption, and other contents in the state management of corruption prevention and combat;

c/ Assessment of anti-corruption work, and orientations, solutions and recommendations.

5. Reports on anti-corruption work shall be published on portals or websites of state agencies or in the mass media.

Article 17. Criteria for assessment of anti-corruption work

1. The assessment of anti-corruption work shall be based on the following criteria:

a/ Number, nature and severity of corruption cases or matters;

b/ Formulation and improvement of anti-corruption policies and laws;

c/ Implementation of corruption prevention measures;

d/ Detection and handling of corruption;

dd/ Recovery of assets derived from corruption.

2. The Government shall detail this Article.

Section 2

FORMULATION AND IMPLEMENTATION OF NORMS, CRITERIA AND REGIMES IN AGENCIES, ORGANIZATIONS AND UNITS

Article 18. Formulation, issuance and implementation of norms, criteria and regimes

1. Within the ambit of their tasks and powers, state agencies shall:

a/ Formulate and issue norms, criteria and regimes;

b/ Publicize regulations on norms, criteria and regimes;

c/ Implement, and publicize results of implementation of, regulations on norms, criteria and regimes.

2. Political organizations, socio-political organizations, public non-business units and other organizations and units that use public finances shall, pursuant to Clause 1 of this Article, guide the application of, or coordinate with competent state agencies in formulating, issuing and publicizing, norms, criteria and regimes they apply, and implement, and publicize results of implementation of, regulations on such norms, criteria and regimes.

3. Agencies, organizations and units may not issue norms, criteria and regimes against the law.

Article 19. Inspection, examination, and handling of violations of regulations on norms, criteria and regimes

1. Agencies, organizations and units shall, within the ambit of their tasks and powers, examine and inspect the observance of regulations on norms, criteria and regimes and timely handle violators.

2. Violators of regulations on norms, criteria and regimes shall be handled under Article 94 of this Law and pay compensations as follows:

a/ Persons who permit the illegal use of norms, criteria and regimes shall return the value earned from such illegal use and pay compensations for damage; and persons who illegally use norms, criteria and regimes shall also pay compensations;

b/ Persons who illegally use norms, criteria and regimes at their discretion shall return the value earned from such illegal use and pay compensations for damage.

Section 3

IMPLEMENTATION OF CODE OF CONDUCT OF PERSONS WITH POSITIONS AND POWERS IN AGENCIES, ORGANIZATIONS AND UNITS

Article 20. Code of conduct of persons with positions and powers

1. While performing their tasks or public duties and in social relations, persons with positions and powers in agencies, organizations and units shall implement the code of conduct, including behavioral standards that are duties they have to or may not perform according to law and as suitable their occupational characteristics in order to uphold their uprightness, responsibility and public morality.

2. Persons with positions and powers in agencies, organizations and units may not:

a/ Cause harassment in settling relevant affairs;

b/ Establish, or participate in managing or administering, private enterprises, limited liability companies, joint stock companies, partnerships, or cooperatives, unless otherwise prescribed by law;

c/ Advise other enterprises, organizations or persons at home and aboard on affairs related to state secrets or work secrets or affairs which they are competent to settle or which they participate in settling;

d/ Establish, or hold managerial or administration titles or positions in, private enterprises, limited liability companies, joint stock companies, partnerships, or cooperatives in the fields where they used to manage in a certain period as prescribed by the Government;

dd/ Illegally use information of agencies, organizations or units;

e/ Perform other acts which they may not do under the Law on Cadres and Civil Servants, Law on Public Employees, Law on Enterprises, and other relevant laws.

3. Heads and deputy heads of agencies, organizations or units may not assign their spouses, parents, children or siblings to hold managerial positions in organization and personnel divisions or accounting divisions or to act as treasurers or storekeepers in their agencies, organizations or units, or to trade in goods and services or sign contracts for their agencies, organizations or units.

4. Heads and deputy heads of state agencies may neither contribute capital to enterprises operating in the sectors where they personally perform the state management tasks nor allow their spouses, parents or children to do business in these sectors.

5. Members of Boards of Directors, members of Members’ Councils, presidents, general directors, deputy general directors, directors, deputy directors, chief accountants, and persons holding other managerial titles or positions in state enterprises may neither sign contracts with enterprises owned by their spouses, parents, children or siblings; nor allow enterprises owned by their spouses, parents, children or siblings to participate in bidding packages of the enterprises; nor assign their spouses, parents, children or siblings to hold managerial positions in organization and personnel divisions or accounting divisions or to act as treasurers or storekeepers in the enterprises, or to trade in goods and services or sign contracts for the enterprises.

Article 21. Competence to issue codes of conduct of persons with positions and powers in agencies, organizations and units

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairperson of the Office of the President, and Chairperson of the National Assembly Office shall issue codes of conduct for persons with positions and powers in agencies and sectors under their management.

2. The Chief Justice of the Supreme People’s Court, Procurator General of the Supreme People’s Procuracy, and Auditor General of the State Audit Office of Vietnam shall issue codes of conduct for persons with positions and powers in sectors under their management.

3. The Minister of Home Affairs shall issue codes of conduct for persons with positions and powers in apparatuses of local administrations.

4. Central bodies of political organizations or socio-political organizations shall issue codes of conduct for persons with positions and powers in their organizations.

Article 22. Offer and receipt of gifts

1. Agencies, organizations, units, and persons with positions and powers may not use public finances or public assets as gifts, unless they offer gifts for charity or external-relation purposes or in other cases of necessity as prescribed by law.

2. Agencies, organizations, units, and persons with positions and powers may neither directly nor indirectly receive gifts in any form from agencies, organizations, units or individuals involved in the affairs settled by the former or under the former’s management.

3. The Government shall detail this Article.

Article 23. Control of conflicts of interests

1. A person assigned to perform a task or public duty who knows or has to know that such task or duty is involved in conflicts of interests shall report it to a competent person for consideration and settlement.

2. Agencies, organizations, units or individuals that detect conflicts of interests of a person with positions and powers shall notify or report it to the person directly managing such person for consideration and settlement.

3. The person managing a person with positions and powers shall, when detecting conflicts of interests and seeing that the continued performance of a task or public duty cannot ensure correctness, objectivity or truthfulness, consider applying one of the following measures:

a/ Supervising the implementation of the assigned task or public duty by the person involved in conflicts of interests;

b/ Terminating or suspending the performance of the assigned task or public duty by the person involved in conflicts of interests;

c/ Temporarily transferring the person involved in conflicts of interests to another working position.

4. The Government shall detail this Article.

Section 4

REASSIGNMENT OF WORKING POSITIONS OF PERSONS WITH POSITIONS AND POWERS IN AGENCIES, ORGANIZATIONS OR UNITS

Article 24. Principles of reassignment of working positions

1. Agencies, organizations and units shall, within their competence, reassign working positions on a periodical basis for their cadres and civil servants holding no leadership or managerial position and their public employees in order to prevent corruption. The rotation of cadres and civil servants holding leadership or managerial positions must comply with the regulations on personnel rotation.

2. The reassignment of working positions must ensure transparency, rationality, and take into account professional qualifications of cadres, civil servants and public employees, without affecting the normal operation of agencies, organizations or units.

3. The reassignment of working positions shall be carried out under plans and publicly announced within agencies, organizations or units.

4. It is prohibited to abuse the periodical reassignment of working positions for cadres, civil servants and public employees for personal gain or for the purpose of victimizing cadres, civil servants and public employees.

5. The provisions of Clauses 1 thru 4 of this Article shall also apply to the following persons who hold no leadership or managerial position:

a/ Officers, professional army men and defense workers and employees in agencies and units of the People’s Army;

b/ Operation officers and non-commissioned officers, specialized technical officers and non-commissioned officers, and public security workers in agencies and units of the People’s Public Security forces.

Article 25. Working positions subject to periodical reassignment and reassignment cycles

1. Persons with positions and powers working in a number of positions related to organization and personnel work, or management of public finances or public assets, or public investment who personally contact, and settle affairs of, other agencies, organizations, units or individuals are subject to reassignment of working positions.

2. The cycle of a periodical reassignment of a working position is between full 2 years and 5 years, depending on the characteristics of each sector.

3. For an agency, an organization or a unit in which only one working position is subject to periodical reassignment and this position must satisfy specific professional requirements as compared to other positions, the head of the agency, organization or unit employing the person with positions and powers shall request a competent agency to decide on the reassignment of such position.

4. The Government shall promulgate detailed regulations on working positions subject to periodical reassignment and reassignment cycle at ministries, ministerial-level agencies, government-attached agencies and local administrations.

 The Chief Justice of the Supreme People’s Court, Procurator General of the Supreme People’s Procuracy, Auditor General of the State Audit Office of Vietnam, Chairperson of the Office of the President, Chairperson of the National Assembly Office, and central bodies of political organizations or socio-political organizations shall promulgate detailed regulations on working positions subject to periodical reassignment and reassignment cycles for persons with positions and powers under their management.

Article 26. Plans on reassignment of working positions

1. Annually, heads of agencies, organizations or units shall issue and publicize plans on reassignment of working positions for persons with positions and powers according to their competence to manage personnel.

2. A plan on reassignment of working positions must state the purpose of, requirements for, and specific cases subject to, reassignment of working positions, timing of reassignment, rights and obligations of persons subject to the reassignment, and implementation measures.

Section 5

ADMINISTRATIVE REFORM, APPLICATION OF SCIENCE AND TECHNOLOGY TO MANAGEMENT WORK, AND NON-CASH PAYMENT

Article 27. Administrative reform

Within the ambit of their tasks and powers, agencies, organizations and units shall:

1. Publicize and guide administrative procedures, simplify and reduce procedures requiring people to directly contact agencies, organizations, units or individuals for settling their affairs;

2. Intensify the examination and supervision of the performance of tasks and public duties and the management and use of public finances and assets;

3. Build the contingent and improve the quality of cadres, civil servants and public employees; issue regulations on working positions in their agencies, organizations and units;

4. Perform other tasks related to administrative reform.

Article 28. Application of science and technology to management work

1. Agencies, organizations and units shall increase investment in equipment, build up their capacity, and step up innovation and application of science and technology to their organization and operation.

2. Ministries and sectors shall promote the development and operation of the national information systems and databases serving the management of sectors under their management in accordance with law.

Article 29. Non-cash payment

1. Agencies, organizations and units shall apply non-cash payment for:

a/ Large revenues and expenditures in geographical areas with adequate infrastructure conditions for non-cash payment under the Government’s regulations;

b/ Salaries, bonuses and other regular expenditures.

2. The Government shall apply financial and technological measures to reduce the use of cash in transactions.

Section 6

CONTROL OF ASSETS AND INCOMES OF PERSONS WITH POSITIONS AND POWERS IN AGENCIES, ORGANIZATIONS AND UNITS

Sub-section 1

COMPETENCE AND RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS, UNITS AND INDIVIDUALS IN ASSET AND INCOME CONTROL

Article 30. Agencies controlling assets and incomes

1. The Government Inspectorate shall control assets and incomes of persons who hold the position of director of a provincial-level department or equivalent or higher position in ministries, ministerial-level agencies, government-attached agencies, local administrations, public non-business units, agencies or organizations established under the Prime Minister’s decisions, or state enterprises; and persons obliged to declare assets and incomes (below referred to as persons with declaration obligation) under its management.

2. Provincial inspectorates shall control assets and incomes of persons with declaration obligation working in agencies, organizations, units or state enterprises under the management of local administrations, except the case specified in Clause 1 of this Article.

3. Ministries, ministerial-level agencies and government-attached agencies shall control assets and incomes of persons with declaration obligation working in agencies, organizations, units or state enterprises under their management, except the case specified in Clause 1 of this Article.

4. The agency assisting the National Assembly Standing Committee in National Assembly deputies’ affairs shall control assets and incomes of full-time National Assembly deputies and persons with declaration obligation under the management of the National Assembly Standing Committee.

5. The National Assembly Office shall control assets and incomes of persons with declaration obligation working in agencies of the National Assembly Standing Committee or National Assembly Office, except the case specified in Clause 4 of this Article.

6. The Office of the President shall control assets and incomes of its employees being persons with declaration obligation.

7. The Supreme People’s Court, Supreme People’s Procuracy or State Audit Office of Vietnam shall control assets and incomes of its employees being persons with declaration obligation.

8. Competent agencies of the Communist Party of Vietnam or central agencies of socio-political organizations shall control assets and incomes of persons with declaration obligation working in their systems.

Article 31. Tasks and powers of agencies controlling assets and incomes

1. Agencies controlling assets and incomes have the following tasks:

a/ To manage and update asset and income declarations (below referred to as declarations) and information on asset and income control;

b/ To keep confidential information collected in the course of asset and income control;

c/ To apply, or request competent agencies, organizations, units or individuals to apply, measures to protect providers of information related to asset and income control. The protection of information providers is the same as the protection of denouncers prescribed in Clause 1, Article 67 of this Law;

d/ To provide declarations, information and data on asset and income control at the request of competent agencies, organizations, units or individuals defined in Article 42 of this Law;

dd/ To refer cases to competent agencies for settlement if detecting violations in the course of asset and income control.

2. Agencies controlling assets and incomes have the following powers:

a/ To request persons with declaration obligation to provide or supplement relevant information and explain about an increase in assets or incomes of VND 300 million or more as compared to the previous declaration or to serve asset or income verification;

b/ To request related agencies, organizations, units and individuals to provide information on assets and incomes of persons with declaration obligation to serve asset or income verification;

c/ To carry out asset and income verification and propose handling violations of the regulations on asset and income control;

d/ To request competent agencies, organizations, units or individuals or those currently managing assets and incomes to apply law-prescribed necessary measures to stop the dispersal, destruction or movement of assets or incomes or deter other acts that obstruct asset or income verification;

dd/ To request competent agencies, organizations or individuals to carry out asset valuation or price appraisal and asset or income assessment serving the asset or income verification.

3. The requests prescribed at Points b, d and dd, Clause 2 of this Article shall be made in writing and signed by heads of asset and income verification teams and heads or deputy heads of agencies controlling assets and incomes. The Government shall prescribe the order and procedures for making a request and the compliance with a request prescribed at Point b, Clause 2 of this Article.

Article 32. Responsibilities of related agencies, organizations, units and individuals in asset and income control

Within the ambit of their tasks and powers, State Treasury offices, credit institutions, foreign bank branches in Vietnam, public security agencies, tax administration agencies, customs offices, land management agencies, asset registration agencies, and other related agencies, organizations, units and individuals shall:

1. Provide information relating to asset and income verification contents at the request of agencies controlling assets and incomes and take responsibility for the accuracy, completeness and timeliness of the provided information; and, if they are unable to provide such information, issue a written reply stating the reason;

2. Apply law-prescribed necessary measures to clarify information relating to asset and income verification contents or to stop the dispersal, destruction or movement of assets or incomes or deter other acts that obstruct asset or income verification;

3. Carry out asset valuation or price appraisal and asset or income assessment in accordance with law.

Sub-section 2

ASSET AND INCOME DECLARATION

Article 33. Obligation to declare assets and incomes

1. Persons with declaration obligation shall declare their assets and incomes and changes in assets and incomes of their own and their spouses and minor children in accordance with this Law.

2. Persons with declaration obligation shall truthfully declare their assets and incomes and give truthful explanations about the origins of increased assets or incomes according to the order and procedures prescribed in this Law and take responsibility for such declaration.

Article 34. Persons with declaration obligation

1. Cadres and civil servants.

2. Officers of the People’s Public Security forces; officers of the People’s Army, and professional army men.

3. Persons holding the position of deputy head of a division or equivalent or a higher position in public non-business units or state enterprises, and persons assigned to act as representatives of state capital amounts at enterprises.

4. Candidates for National Assembly deputies and candidates for People’s Council deputies.

Article 35. Assets and incomes subject to declaration

1. Assets and incomes subject to declaration include:

a/ Rights to use land, houses, construction works and assets attached thereto;

b/ Precious metals, gemstones, cash, valuable papers and other movables each valued at VND 50 million or more;

c/ Overseas assets and bank accounts;

d/ Total income in the interval of two times of declaration.

2. The Government shall prescribe the form of asset and income declaration and the implementation of asset and income declaration prescribed in this Article.

Article 36. Method and time of asset and income declaration

1. Initial declaration is compulsory for:

a/ Persons currently holding the working positions prescribed in Clauses 1, 2 and 3, Article 34 of this Law as of the effective date of this Law. The declaration shall be completed before December 31, 2019;

b/ Persons who for the first time hold the working positions prescribed in Clauses 1, 2 and 3, Article 34 of this Law. The declaration shall be completed within 10 days from the date they are received, recruited and assigned to their working positions.

2. Additional declaration shall be made when assets or incomes of a person with declaration obligation witness an increase of VND 300 million or more in a year. The declaration shall be completed before December 31 of the year witnessing an increase in assets or incomes, unless the declaration has been made under Clause 3 of this Article.

3. Annual declaration is compulsory for:

a/ Persons holding the position of director of a provincial-level department or an equivalent or higher position. The declaration shall be completed before December 31;

b/ Persons other than those defined at Point a of this Clause who are engaged in organization and personnel work, management of public finances or public assets, or public investment, or who directly contact, and settle affairs of, other agencies, organizations, units or individuals under the Government’s regulations. The declaration shall be completed before December 31.

4. Declaration for personnel work purpose is compulsory for:

a/ Persons with declaration obligation defined in Clauses 1, 2 and 3, Article 34 of this Law who are expected to be elected, appointed or re-appointed or have their titles approved or are assigned to hold other positions. The declaration shall be completed at least 10 days before the tentative date of such election, appointment, re-appointment, approval or assignment;

b/ Persons with declaration obligation defined in Clause 4, Article 34 of this Law. The timing of declaration must comply with the law on election.

Article 37. Organization of asset and income declaration

1. Agencies, organizations or units managing or employing persons with declaration obligation shall organize asset and income declaration as follows:

a/ To make a list of persons with declaration obligation and send it to a competent agency controlling assets and incomes;

b/ To guide persons with declaration obligation how to declares assets and incomes;

c/ To keep records to monitor asset and income declaration and handover and receipt of declarations.

2. Persons with declaration obligation shall make declarations according to a set form and send them to the agencies, organizations or units managing or employing them.

Article 38. Receipt, management and handover of declarations

1. Agencies, organizations or units managing or employing persons with declaration obligation shall receive and manage their declarations.

2. In case a declaration is unsatisfactory or incomplete, the agency, organization or unit managing or employing the person with declaration obligation concerned may request additional declaration or re-declaration. The time limit for additional declaration or re-declaration is 7 days from the date of receipt of a request for such declaration, unless the person with declaration obligation can give a plausible reason.

3. Within 20 days after receiving declarations, the agencies, organizations or units managing or employing persons with declaration obligation shall review and check the declarations and hand over one copy thereof to the competent agency controlling assets and incomes.

Article 39. Publicization of declarations

1. Declarations of persons with declaration obligation shall be publicized at agencies, organizations or units where these persons work.

2. Declarations of persons expected to be appointed to hold leadership or managerial positions at agencies, organizations or units shall be publicized at meetings to collect votes of confidence.

3. Declarations of candidates for National Assembly deputies or candidates for People’s Council deputies shall be publicized in accordance with the law on election.

4. Declarations of persons expected to be elected or have their titles approved by the National Assembly or People’s Councils shall be publicized to National Assembly deputies or People’s Council deputies before the election or approval. The time and form of publicization must comply with regulations of the National Assembly Standing Committee.

5. Declarations of persons expected to be appointed to hold leadership or managerial positions at state enterprises shall be publicized at meetings to cast votes of confidence when conducting the appointment or at meetings of the Members’ Councils when electing leadership or managerial positions.

6. The Government shall promulgate detailed regulations on the time, form and organization of the publicization of declarations prescribed in Clauses 1, 2 and 5 of this Article.

Article 40. Monitoring of changes in assets and incomes

Agencies controlling assets and incomes shall monitor changes in assets and incomes of persons with declaration obligation through analyzing and assessing information from declarations or other information sources.

If detecting that a person with declaration obligation fails to declare an increase of VND 300 million or more in his/her assets and incomes as compared to the previous declaration, the agency controlling assets and incomes may request him/her to provide or add relevant information; this person shall give explanations about the origins of the increased assets and incomes (if any).

Sub-section 3

ASSET AND INCOME VERIFICATION

Article 41. Grounds for asset and income verification

1. An agency controlling assets and incomes shall carry out asset and income verification when having one of the following grounds:

a/ Seeing a clear sign of untruthful declaration of assets and incomes;

b/ Detecting an increase of VND 300 million or more in assets and incomes as compared to the previous declaration but the person with declaration obligation gives unreasonable explanations about the origins of the increased assets and income;

c/ Receiving a denunciation about untruthful declaration which is eligible for acceptance under the Law on Denunciations;

d/ The verification is under an annual plan on asset and income verification for persons with declaration obligation selected on a random basis;

dd/ Receiving a request or proposal from a competent agency, organization, unit or individual defined in Article 42 of this Law.

2. The Government shall promulgate specific criteria for selecting persons with declaration obligation subject to asset and income verification and prescribe in detail the formulation and approval of annual plans on asset and income verification of agencies controlling assets and incomes as prescribed at Point d, Clause 1 of this Article.

Article 42. Competence to request or propose asset and income verification

1. When having one of the grounds prescribed at Points a, b and c, Clause 1, Article 41 of this Law, or when deeming it necessary to have more information to serve personnel work, the following agencies, organizations or individuals may request or propose agencies controlling assets and incomes to issue a decision on asset and income verification:

a/ The National Assembly Standing Committee may request asset and income verification for persons expected to be elected or appointed or have their titles approved by the National Assembly or National Assembly Standing Committee, or persons expected to be appointed as Deputy General Auditor of the State Audit Office of Vietnam;

b/ The President may request asset and income verification for persons expected to be appointed as deputy prime ministers, ministers, heads of ministerial-level agencies, Deputy Chief Justice or judge of the Supreme People’s Court, or Procurator General or procurator of the Supreme People’s Procuracy;

c/ The Prime Minister may request asset and income verification for persons expected to be appointed as deputy ministers or equivalent in ministries or ministerial-level agencies, heads or deputy heads of government-attached agencies, or persons expected to be appointed or have their titles approved as chairpersons or vice chairpersons of provincial-level People’s Committees;

d/ The Chief Justice of the Supreme People’s Court may request asset and income verification for persons expected to be appointed as chief justices or deputy chief justices of People’s Courts at all levels; the Procurator General of the Supreme People’s Procuracy may request asset and income verification for persons expected to be appointed as chief procurators or deputy chief procurators of People’s Procuracies at all levels, except the case specified at Point b of this Clause;

dd/ Standing Bodies of People’s Councils may request asset and income verification for persons expected to be appointed or have their titles approved by People’s Councils or Standing Bodies of People’s Councils;

e/ Chairpersons of provincial- or district-level People’s Committees may request asset and income verification for persons expected to be appointed or have their titles approved as chairpersons or vice chairpersons of People’s Committees of the immediate lower level;

g/ The National Election Council, Election Committee or Vietnam Fatherland Front’s Central Committee may request asset and income verification for candidates for National Assembly deputies or candidates for People’s Council deputies;

h/ Standing bodies of political organizations or socio-political organizations may request asset and income verification for persons expected to be elected at congresses of these organizations;

i/ Heads of agencies, organizations or units or persons competent to manage persons with declaration obligation may request or propose asset and income verification for persons with declaration obligation they manage or employ, except the cases specified at Points a thru h of this Clause.

2. Inspection agencies, state audit offices, investigation agencies, People’s Procuracies, People’s Courts, and other competent agencies and organizations may request agencies controlling assets and incomes to carry out asset and income verification if deeming it necessary to clarify information about assets and incomes related to violations in the course of examination, inspection, audit, investigation, prosecution, trial or judgment execution.

Article 43. Contents of asset and income verification

1. Truthfulness, completeness and clarity of declarations.

2. Honesty in the explanation about the origins of increased assets and incomes.

Article 44. Order of asset and income verification

1. Issuing a decision on asset and income verification and forming an asset and income verification team.

2. Requesting the person subject to asset and income verification to give explanations about his/her assets and incomes.

3. Carrying out asset and income verification.

4. Reporting on results of asset and income verification.

5. Making a conclusion on asset and income verification.

6. Sending and publicizing a conclusion on asset and income verification.

Article 45. Decisions on asset and income verification

1. The head of an agency controlling assets and incomes shall issue a decision on asset and income verification within 5 working days after obtaining a ground for verification prescribed at Point dd, Clause 1, Article 41 of this Law or within 15 days after obtaining a ground for verification prescribed at Point a, b, c or d, Clause 1, Article 41 of this Law.

2. A decision on asset and income verification must state:

a/ Grounds for issuance of the decision;

b/ Full name, position, and workplace of the person subject to asset and income verification;

c/ Full names, positions, and workplaces of the head and members of the asset and income verification team;

d/ Verification contents;

dd/ Time limit for verification;

e/ Tasks and powers of the head and members of the asset and income verification team;

g/ Coordinating agencies, organizations, units and individuals (if any).

3. Within 3 working days after it is issued, a decision on asset and income verification shall be sent to the head and members of the asset and income verification team, person subject to asset and income verification, and related agencies, organizations, units and individuals.

Article 46. Asset and income verification teams

1. An asset and income verification team is composed of the head and members. In case the verification involves complicated circumstances and different agencies, organizations and units, the head of the agency controlling assets and incomes may request such agencies, organizations and units to assign their employees to join the team.

An asset and income verification team may not include the spouse, a parent, child or sibling of the person subject to asset and income verification or another person who, on reliable grounds, is likely to be neither impartial nor objective in asset and income verification.

2. The head of an asset and income verification team has the following tasks and powers:

a/ To request the person subject to asset and income verification to give explanations about the truthfulness, completeness and clarity of his/her declaration, and origins of increased assets and incomes as compared to the previous declaration;

b/ To request agencies, organizations, units and individuals to provide information and documents related to verification contents under Clause 3, Article 31 of this Law;

c/ To propose competent agencies, organizations and units or agencies, organizations, units and individuals currently managing assets and incomes to apply law-prescribed necessary measures to stop the dispersal, destruction or movement of assets or incomes or to deter other acts that obstruct the asset and income verification;

d/ To request competent agencies, organizations and individuals to carry out asset valuation or price appraisal and asset and income assessment serving the asset and income verification;

dd/ To send written reports on asset and income verification to the person having issued the asset and income verification decision and take responsibility before law and this person for such reports;

e/ To keep confidential information and documents gathered in the course of asset and income verification.

3. A member of the asset and income verification team has the following tasks and powers:

a/ To collect information and documents, carry out on-the-spot verification of assets and incomes, and perform other tasks assigned by the team’s head;

b/ To propose the team’s head to apply the measures specified in Clause 2 of this Article to secure his/her task performance;

c/ To send reports on his/her task performance to the team’s head and take responsibility before law and the team’s head for such reports;

d/ To keep confidential information and documents gathered in the course of asset and income verification.

Article 47. Rights and obligations of persons subject to asset and income verification

1. To give explanations about the truthfulness, completeness and clarity of their declarations and origins of increased assets and incomes.

2. To provide information related to verification contents at the request of asset and income verification teams, and take responsibility for the provided information.

3. To fully and timely comply with requests of asset and income verification teams and competent agencies, organizations and individuals in the course of asset and income verification.

4. To abide by decisions on asset and income control issued by competent agencies, organizations or individuals.

5. To lodge complaints about decisions issued or acts committed by competent agencies, organizations or individuals in asset and income verification when having grounds to believe that such decisions or acts are illegal and infringe upon their lawful rights and interests.

6. To denounce violations committed by competent agencies, organizations or individuals in asset and income verification.

7. To have their honor and infringed lawful rights and interests restored and receive compensations for damage caused by violations committed by persons conducting asset and income verification in accordance with law.

Article 48. Reporting on asset and income verification results

1. Within 45 days from the date of issuance of an asset and income verification decision, the head of the asset and income verification team shall send a written report on asset and income verification results to the decision issuer; in complicated cases, this time limit may be extended but must not exceed 90 days.

2. A report on asset and income verification results must have the following contents:

a/ Contents verified, verification activities carried out, and verification results;

b/ Evaluation of the truthfulness, completeness and clarity of declarations, and honesty in explanations about the origins of increased assets and incomes;

c/ Proposed measures to handle violations of the regulations on asset and income control.

Article 49. Conclusions on asset and income verification

1. Within 10 days after receiving a report on asset and income verification results, the person having issued the asset and income verification decision shall make a conclusion on asset and income verification; in complicated cases, this time limit may be extended but must not exceed 20 days.

2. A conclusion on asset and income verification must have the following contents:

a/ Truthfulness, completeness and clarity of the asset and income declaration;

b/ Honesty in explanations about the origins of increased assets and incomes;

c/ Proposal for a competent person to handle violations of the regulations on asset and income control.

3. The person having made a conclusion on asset and income verification shall take responsibility for the objectivity and truthfulness of such conclusion.

4. A conclusion on asset and income verification shall be sent to the person subject to asset and income verification and agency, organization, unit or individual requesting or proposing the verification as prescribed in Article 42 of this Law.

5. Persons subject to asset and income verification may lodge complaints about conclusions on asset and income verification in accordance with the law on complaints.

Article 50. Publicization of conclusions on asset and income verification

1. Within 5 working days from the date a conclusion on asset and income verification is made, the person having issued the decision on asset and income verification shall publicize such conclusion.

2. The publicization of conclusions on asset and income verification is the same as the publicization of declarations prescribed in Article 39 of this Law.

Article 51. Handling of untruthful declarations of assets and incomes or untruthful explanations about the origins of increased assets and incomes

1. Candidates for National Assembly deputies or candidates for People’s Council deputies who make untruthful declarations of assets and incomes or provide untruthful explanations about the origins of increased assets and incomes will have their names deleted from the list of candidates.

2. Persons expected to be appointed, re-appointed, or appointed to hold certain positions, or have their titles approved who make untruthful declarations of assets and incomes or provide untruthful explanations about the origins of increased assets and incomes will be disqualified for such appointment, re-appointment or approval.

3. Persons with declaration obligation other than those defined in Clauses 1 and 2 of this Article who make untruthful declarations of assets and incomes or give untruthful explanations about the origins of increased assets and incomes shall, depending on the nature and severity of their violations, be disciplined in one of the following forms: warning, salary grade demotion, position demotion, dismissal, forced resignation, and removal from office; if they are planned to be appointed to hold leadership or managerial titles, these persons will also be removed from the list of planned source personnel; in case they ask for resignation from duty or position or relief from duty, these persons may be considered for exemption from being disciplined.

4. Disciplining decisions shall be publicized at agencies, organizations or units where the disciplined persons work.

Sub-section 4

NATIONAL DATABASE ON ASSET AND INCOME CONTROL

Article 52. National database on asset and income control

1. The national database on asset and income control includes information about declarations, conclusions on asset and income verification, and other data related to asset and income control as prescribed by this Law.

2. The national database on asset and income control shall be developed and managed at the Government Inspectorate in a centralized manner.

Article 53. Responsibility to develop and manage the national database on asset and income control

1. The Government Inspectorate shall:

a/ Develop, manage, operate and protect the national database on asset and income control nationwide;

b/ Guide the development, management, operation and protection of the national database on asset and income control;

c/ Receive, update and process information about asset and income control provided by agencies, organizations and units managing persons with declaration obligation and agencies controlling assets and incomes;

d/ Provide information from the national database on asset and income control;

dd/ Make statistics of and report on the management of the national database on asset and income control nationwide.

2. Other agencies controlling assets and incomes shall:

a/ Develop, manage, operate and protect databases on asset and income control under their management;

b/ Receive, update and process information about asset and income control provided by agencies, organizations and units managing or employing persons with declaration obligation under their management;

c/ Provide information from databases on asset and income control under their management;

d/ Make statistics of and report on the management of databases on asset and income control according to their competence.

Article 54. Protection, archive, exploitation and provision of information from the national database on asset and income control

1. The national database on asset and income control shall be secured and protected in a strict and safe manner for long-term archive and effective exploitation.

2. Agencies controlling assets and incomes may access and exploit the national database on asset and income control to serve asset and income verification within the ambit of their tasks and powers.

3. The provision of information from the national database on asset and income control shall be carried out only at the request of competent agencies, organizations, units or individuals defined in Article 42 of this Law.

Requests for provision of information from the national database on asset and income control shall be made in writing and must state the reason for and purpose of the use of information and the scope and contents of information and data to be provided.

Agencies controlling assets and incomes shall provide declarations, and information and data on asset and income control in written form to agencies, organizations, units or individuals requesting such provision within 10 days after receiving a request.

4. The Government shall detail this Article.

Chapter III

DETECTION OF CORRUPTION IN AGENCIES, ORGANIZATIONS AND UNITS

Section 1

EXAMINATION AND SELF-EXAMINATION BY AGENCIES, ORGANIZATIONS AND UNITS

Article 55. Examination by state management agencies

1. Heads of state management agencies shall organize examination of the observance of law by agencies, organizations, units and individuals under the former’s management in order to promptly detect, deter and handle corruption.

2. When detecting an act of corruption, the head of a state management agency shall promptly handle it according to his/her competence or report it to a competent agency for handling in accordance with law.

Article 56. Self-examination by agencies, organizations and units

1. Heads of agencies, organizations and units shall take the initiative in organizing examination of the performance of tasks and public duties by persons with positions and powers under the former’s management who regularly and personally settle affairs of other agencies, organizations, units or individuals in order to promptly detect, deter and handle corruption.

2. Heads of agencies, organizations or units shall regularly urge their agencies, organizations or units to examine the performance of tasks and public duties by persons with positions and powers under the former’s management.

3. When detecting an act of corruption, the head of the agency, organization or unit concerned shall promptly handle it according to his/her competence or report it to a competent agency for handling in accordance with law.

Article 57. Examination of anti-corruption activities in inspection agencies, state audit offices, investigation agencies, People’s Procuracies and People’s Courts

1. Heads of inspection agencies, state audit offices, investigation agencies, People’s Procuracies and People’s Courts shall enhance the management of cadres, civil servants, public employees and other persons with positions and powers; and direct internal inspection and examination work in order to deter acts of abusing powers or harassment and other acts of violation of law in anti-corruption activities.

2. Cadres, civil servants, public employees and other persons with positions and powers of inspection agencies, state audit offices, investigation agencies, People’s Procuracies and People’s Courts who commit violations in anti-corruption activities shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability; if causing damage, they shall pay compensations in accordance with law.

Article 58. Forms of examination

1. Regular examination shall be carried out under programs and plans and must focus on corruption-prone areas and activities.

2. Unscheduled examination shall be carried out upon detecting a sign of corruption.

Section 2

DETECTION OF CORRUPTION THROUGH OVERSIGHT, INSPECTION AND AUDIT ACTIVITIES

Article 59. Detection of corruption through oversight activities of people-elected agencies or deputies, and processing of requests of people-elected agencies or deputies

1. The National Assembly, National Assembly Standing Committee, Ethnic Council, National Assembly Committees, National Assembly deputies’ delegations, National Assembly deputies, People’s Councils, Standing Bodies of People’s Councils, Boards of People’s Councils, groups of People’s Council deputies, or People’s Council deputies that detect cases showing signs of corruption through oversight activities shall request inspection agencies, state audit offices, investigation agencies or People’s Procuracies to handle the cases in accordance with law.

2. When receiving a request prescribed in Clause 1 of this Article, inspection agencies, investigation agencies or People’s Procuracies shall, within the ambit of their tasks and powers, carry out verification, handle the case showing signs of corruption, and notify results thereof to the requester.

3. When receiving a request prescribed in Clause 1 of this Article, state audit offices shall carry out audit or consider and decide to carry out audit in accordance with the Law on the State Audit and notify results thereof to the requester.

Article 60. Detection of corruption through inspection and audit activities

1. Inspection agencies or state audit offices shall, through inspection or audit activities, take the initiative in detecting acts of corruption and handle them according to their competence or propose the handling thereof in accordance with law and take responsibility for their decisions.

2. Within the ambit of their tasks and powers, the Government Inspectorate, ministerial inspectorates, provincial inspectorates or state audit offices shall issue decisions on inspection or audit of cases showing signs of corruption when having grounds in accordance with the Law on Inspection or Law on the State Audit.

Article 61. Competence of inspection agencies and state audit offices in inspection or audit of cases showing signs of corruption

1. Inspection agencies shall, within the ambit of their tasks and powers, inspect cases showing signs of corruption according to their competence as follows:

a/ The Government Inspectorate shall inspect cases showing signs of corruption which involve persons holding the position of director of a provincial-level department and equivalent or higher position in ministries, ministerial-level agencies, government-attached agencies, local administrations, public non-business units, agencies or organizations established under the Prime Minister’s decisions, or state enterprises under the management of central agencies; and employees of the Government Inspectorate;

b/ Ministerial inspectorates shall inspect cases showing signs of corruption which involve persons working in agencies, organizations or units under the management of ministries or ministerial-level agencies, except the case specified at Point a of this Clause;

c/ Provincial inspectorates shall inspect cases showing signs of corruption which involve persons working in agencies, organizations, units or state enterprises under the management of local administrations, except the case specified at Point a of this Clause.

2. Units attached to the State Audit Office of Vietnam shall audit cases showing signs of corruption which occur in agencies or organizations managing or using public finances or public assets as assigned by the State Audit Office of Vietnam.

3. The order and procedures for inspection or audit of cases showing signs of corruption must comply with the law on inspection or law on the state audit.

4. The Government Inspector General and Auditor General of the State Audit Office of Vietnam shall coordinate with each other in handling overlaps in inspection and audit of cases showing signs of corruption.

Article 62. Responsibility to handle cases showing signs of corruption detected through inspection or audit activities

In the course of inspection or audit, if detecting a case showing signs of corruption, the person having issued the inspection decision or person having issued the audit decision shall direct verification and clarification of the case and handle violations as follows:

1. If the case shows criminal signs, to transfer its file to and propose the investigation agency to consider and initiate a criminal case and concurrently notify such in writing to the same-level People’s Procuracy. In this case, the inspection agency or state audit office shall continue the inspection or audit of other contents under the approved inspection plan or audit plan and make an inspection conclusion or audit report in accordance with the law on inspection or law on the state audit;

2. If the case shows no criminal sign, to propose a competent agency, organization, unit or individual to handle the violator. Such agency, organization, unit or individual shall notify in writing the violation handling results to the proposing inspection agency or state audit office.

Article 63. Publicization of inspection conclusions or audit reports for cases showing signs of corruption

1. Persons having issued inspection decisions or persons having issued audit decisions shall publicize inspection conclusions or audit reports for cases showing signs of corruption.

2. The publicization of inspection conclusions or audit reports for cases showing signs of corruption must comply with the law on inspection or law on the state audit.

Article 64. Handling of violations in inspection and audit activities

1. After an inspection or audit is completed, if another competent agency detects a corruption case occurring in the agency, organization or unit where the previous inspection or audit of the same issue has been carried out, the head and members of the inspection team or the head and members of the audit team and individuals involved in the previous inspection or audit who committed violations shall, depending on the nature and severity of their violations, be disciplined or examined for penal liability in accordance with law.

2. In case the inspection team or audit team has detected and reported the case showing signs of corruption but the person having issued the inspection decision or person having issued the audit decision fails to handle violations, the head and members of the inspection team or the head and members of the audit team and involved individuals shall not be held responsible for the violations. In this case, the person having issued the inspection decision or person having issued the audit decision shall be held accountable in accordance with law.

Section 3

NOTIFYING, DENOUNCING, OR REPORTING ON ACTS OF CORRUPTION

Article 65. Notifying or denouncing acts of corruption and handling of notifications or settlement of denunciations on acts of corruption

1. Individuals and organizations may notify and individuals may denounce acts of corruption in accordance with law.

2. Competent agencies, organizations, units and individuals shall, when receiving notifications on or denunciations about acts of corruption, consider and promptly handle them and apply measures to protect notifiers and denouncers.

3. The receipt and settlement of denunciations about acts of corruption must comply with the law on denunciations.

4. The receipt and handling of notifications on acts of corruption must comply with the law on reception of citizens.

Article 66. Making and processing of reports on acts of corruption

1. Cadres, civil servants, public employees, workers, and officers and men in the armed forces shall, when detecting acts of corruption in agencies, organizations or units where they work, immediately report them to the heads of such agencies, organizations or units; in case these heads are involved in acts of corruption, the case shall be reported to the heads of agencies, organizations or units competent to manage such heads.

2. Within 15 days after receiving a report on acts of corruption, the report recipient shall handle the case according to his/her competence or transfer the case to a competent agency, organization or individual for consideration and handling and notify such to the report sender; for complicated cases, this time limit may be extended but must not exceed 30 days; when necessary, the report recipient shall decide to apply or propose a competent person to apply measures to deter acts of corruption and remediate consequences of such acts and protect the report sender.

Article 67. Protection of persons who notify, denounce, or report on, acts of corruption

1. The protection of denouncers of acts of corruption must comply with the law on denunciations.

2. Persons who notify or report on acts of corruption are entitled to protection measures like denouncers.

Article 68. Commendation of persons who notify, denounce or report on acts of corruption

Persons who record achievements in notifying, denouncing or reporting on acts of corruption shall be commended in accordance with law.

Article 69. Responsibilities of persons who notify, denounce or report on acts of corruption

1. Persons who notify or report on acts of corruption shall take responsibility before law for the truthfulness of their notifications or reports.

2. Persons who denounce acts of corruption shall take responsibility for their denunciations in accordance with the Law on Denunciations.

Chapter IV

RESPONSIBILITIES OF HEADS OF AGENCIES, ORGANIZATIONS AND UNITS IN CORRUPTION PREVENTION AND COMBAT

Article 70. Responsibilities of heads of agencies, organizations and units in corruption prevention and combat

1. To direct the implementation of Clause 1, Article 4 of this Law.

2. To set examples and be upright; to strictly comply with the anti-corruption law as well as the code of conduct, code of professional ethics or code of business ethics.

3. To take responsibility for corruption occurring in their agencies, organizations and units in accordance with Articles 72 and 73 of this Law.

Article 71. Responsibilities of heads of agencies, organizations and units in applying the measure to suspend work of their employees, or temporarily transfer their employees to other working positions

1. When having grounds to believe that persons with positions and powers commit violations of the anti-corruption law, heads of agencies, organizations and units shall suspend work of these violators or temporarily transfer them to other working positions or request persons competent to manage persons with positions and powers to do so in order to verify and clarify acts of corruption if deeming that such violators can, if allowed to continue their work, obstruct the consideration and handling of violations.

2. Heads of agencies, organizations and units or persons competent to manage persons with positions and powers shall consider suspending work of persons with positions and powers or temporarily transferring them to other working positions upon receiving a request of inspection agencies, state audit offices, investigation agencies, People’s Procuracies or People’s Courts if, in the course of inspection, audit, investigation, prosecution or trial, they have grounds to believe that such persons commit acts of corruption.

3. Heads of agencies, organizations and units or persons competent to manage persons with positions and powers shall immediately cancel decisions suspending work of persons with positions and powers or temporarily transferring them to other working positions, and publicize such cancellation, and restore lawful rights and interests of such persons after a competent agency, organization or unit concludes that they commit no act of corruption.

4. The Government shall prescribe in detail the order, procedures and duration for suspending work of persons with positions and powers or temporarily transferring them to other working positions; enjoyment of salaries, allowances and other lawful rights and interests, compensation, and restoration of lawful rights and interests of persons with positions and powers after competent agencies, organizations and units conclude that such persons commit no act of corruption.

Article 72. Responsibilities of heads and deputy heads of agencies, organizations and units for corruption occurring in their agencies, organizations and units

1. Heads of agencies, organizations and units shall personally take responsibility for acts of corruption committed by persons they manage or assign tasks to.

2. Deputy heads of agencies, organizations and units shall personally take responsibility for corruption occurring in the fields under their management and agencies, organizations and units; heads of agencies, organizations and units shall take joint responsibility.

Article 73. Handling of responsibilities of heads and deputy heads of agencies, organizations and units for corruption occurring in their agencies, organizations and units

1. Heads and deputy heads of agencies, organizations and units who personally take responsibility for corruption as prescribed in Article 72 of this Law shall be disciplined or examined for penal liability.

2. Heads of agencies, organizations and units who take joint responsibility for corruption as prescribed in Clause 2, Article 72 of this Law shall be disciplined.

3. Heads and deputy heads of agencies, organizations and units shall be considered for exclusion or exemption from or reduction or increase of their legal responsibility in the following cases:

a/ They shall be considered for exclusion from legal responsibility in case they cannot know or have applied necessary measures to prevent or deter acts of corruption;

b/ They shall be considered for exemption from or reduction of legal responsibility in case they have applied necessary measures to deter, or remediate consequences of, acts of corruption or have proactively and promptly detected, reported and handled corruption in accordance with law;

c/ They shall be considered for exemption from being disciplined or enjoying a lighter level of disciplining if they ask for resignation before a competent agency detects and handles their acts of corruption, unless they are subject to examination of penal liability;

d/ They shall be considered for bearing higher legal responsibility in case they detect acts of corruption but fail to apply necessary measures to deter, or remediate consequences of, such acts or fail to promptly report and handle corruption in accordance with law.

4. Heads and deputy heads of political organizations, socio-political organizations or social organizations where corruption occurs shall be handled not only under this Article but also under the charters or regulations of such organizations.

Chapter V

RESPONSIBILITIES OF THE SOCIETY IN CORRUPTION PREVENTION AND COMBAT

Article 74. Responsibilities of the Vietnam Fatherland Front and its member organizations

1. The Vietnam Fatherland Front and its member organizations shall:

a/ Disseminate, and mobilize people to comply with, the anti-corruption law; carry out social criticism, and propose improvements to anti-corruption policies and laws; and propose the application of measures to prevent, detect and handle corruption;

b/ Mobilize people to actively participate in detecting, notifying, denouncing, and providing information about acts of corruption;

c/ Provide information to competent agencies, organizations, units and individuals in detecting and handling corruption;

d/ Oversee the implementation of the anti-corruption law.

2. The Vietnam Fatherland Front and its member organizations may propose competent agencies, organizations, units and individuals to apply corruption prevention measures, verify corruption cases, handle persons committing acts of corruption, recover assets derived from corruption, and propose the protection and commendation of persons who detect and denounce acts of corruption. Competent agencies, organizations, units and individuals shall consider these proposals and give feedback within 15 days after receiving the proposals; for complicated cases, this time limit may be extended but must not exceed 30 days.

Article 75. Responsibilities of press agencies and journalists

1. Press agencies and journalists shall fight against corruption and report on anti-corruption activities and corruption cases.

2. Press agencies and journalists may request competent agencies, organizations, units and individuals to provide information relating to acts of corruption. The requested agencies, organizations, units and individuals shall provide information in accordance with the press law and other relevant laws.

3. Press agencies and journalists must be objective and honest and shall observe the press law and code of professional conduct in reporting on anti-corruption activities and corruption cases.

Article 76. Responsibilities of businesses, business associations and trade associations 

1. Businesses, business associations and trade associations shall disseminate and mobilize workers and their members to comply with the anti-corruption law; organize the implementation of measures to prevent and detect corruption; and promptly report acts of corruption to competent agencies.

2. Businesses, business associations and trade associations shall propose improvements to anti-corruption policies and laws.

3. Competent agencies, organizations, units and individuals shall coordinate with business associations and trade associations in holding forums to exchange and provide information serving anti-corruption work.

Article 77. Responsibilities of citizens, people’s inspection boards, and community-based investment supervision boards

1. Citizens shall themselves or through people’s inspection boards, community-based investment supervision boards or organizations of which they are members participate in corruption prevention and combat.

2. People’s inspection boards and community-based investment supervision boards shall, within the ambit of their tasks and powers, supervise the implementation of the anti-corruption law.

Chapter VI

CORRUPTION PREVENTION AND COMBAT IN BUSINESSES AND ORGANIZATIONS IN THE NON-STATE SECTOR

Section 1

BUILDING OF A HEALTHY AND CORRUPTION-FREE BUSINESS CULTURE

Article 78. Code of professional conduct, code of business conduct

1. A code of professional conduct or code of business conduct includes behavioral standards suitable to the professional characteristics of practitioners or persons engaged in business activities aiming to ensure uprightness in professional practice or business.

2. Pursuant to this Law and other relevant laws, businesses, business associations, trade associations, social organizations, and socio-professional organizations are encouraged to issue codes of business conduct or codes of professional conduct for their workers and members.

Article 79. Formulation of codes of conduct and internal control mechanisms to prevent corruption

1. Businesses and other economic organizations shall issue and implement their codes of conduct and internal control mechanisms for preventing conflicts of interests, deterring acts of corruption and building a healthy and corruption-free business culture.

2. Business associations and trade associations shall assist, mobilize and encourage their members to build a healthy and corruption-free business culture; and supervise their members in observing the anti-corruption law, and actively participate in improving policies and laws.

Section 2

APPLICATION OF THE ANTI-CORRUPTION LAW TO BUSINESSES AND ORGANIZATIONS IN THE NON-STATE SECTOR

Article 80. Application of anti-corruption measures to businesses and organizations in the non-state sector

1. The following shall apply to public companies, credit institutions and social organizations established under decisions of or having their charters approved by the Prime Minister, Minister of Home Affairs or chairpersons of provincial-level People’s Committees that mobilize people’s contributions for charity activities:

a/ Principles, contents and forms of publicity and transparency, and responsibility for ensuring publicity and transparency prescribed in Article 9, at Points a, c and d, Clause 1, Article 10, and in Articles 11 and 12, of this Law;

b/ Control of conflicts of interests prescribed in Article 23 of this Law;

c/ Responsibilities and handling of responsibilities of heads and deputy heads prescribed in Articles 72, and at Points a, b and d, Clause 3, Article 73, of this Law.

2. The Government shall detail this Article.

Article 81. Inspection of the implementation of the anti-corruption law by businesses and organizations in the non-state sector

1. The Government Inspectorate, ministerial inspectorates and provincial inspectorates shall, within the ambit of their tasks and powers, inspect the implementation of the anti-corruption law by public companies, credit institutions, and social organizations established under decisions of or having their charters approved by the Prime Minister, Minister of Home Affairs or chairpersons of provincial-level People’s Committees that mobilize people’s contributions for charity activities when having clear signs of violation prescribed in Article 80 of this Law.

2. The order and procedures for inspecting the implementation of the anti-corruption law prescribed in Clause 1 of this Article must comply with the law on inspection.

3. The Government Inspector-General shall handle overlaps in inspection activities prescribed in Clause 1 of this Article.

4. The Government shall detail this Article.

Article 82. Detection of corruption in businesses and organizations in the non-state sector

1. Businesses and organizations in the non-state sector shall carry out self-examination for timely detecting and handling, and proposing competent agencies to handle, acts of corruption in their businesses or organizations.

2. If detecting acts of corruption in businesses and organizations in the non-state sector during inspection, inspection agencies shall handle such acts or refer them to competent agencies for handling in accordance with law.

3. When detecting acts of corruption in businesses and organizations in the non-state sector, agencies, organizations, units and individuals shall notify, and denounce and report them in accordance with Section 3, Chapter III of this Law.

Chapter VII

RESPONSIBILITIES OF STATE AGENCIES IN CORRUPTION PREVENTION AND COMBAT

Article 83. Specialized units in charge of corruption combat

1. The Government Inspectorate, Ministry of Public Security and Supreme People’s Procuracy must have specialized units in charge of corruption combat.

2. The Procurator General of the Supreme People’s Procuracy shall define the organization, tasks and powers of the specialized unit in charge of corruption combat under the Supreme People’s Procuracy and submit them to the National Assembly Standing Committee for approval. The Government Inspector-General or Minister of Public Security shall define the organization, tasks and powers of the specialized unit in charge of corruption combat under the Government Inspectorate or Ministry of Public Security.

Article 84. Responsibilities of the Government, ministries and ministerial-level agencies

1. The Government shall perform the unified state management of anti-corruption work nationwide.

2. The Government Inspectorate shall act as the focal body in assisting the Government to perform the state management of anti-corruption work and has the following responsibilities:

a/ To promulgate according to its competence or propose competent state agencies to promulgate, and organize the implementation of, anti-corruption policies and laws;

b/ To manage the implementation of corruption prevention measures according to its competence;

c/ To inspect and examine anti-corruption work according to its competence; to organize, direct and guide the inspection of the implementation of the anti-corruption law;

d/ To manage the national database on asset and income control;

dd/ To coordinate with related agencies and organizations in providing professional training for officers engaged in anti-corruption work;

e/ To make annual reports on anti-corruption work.

3. The Ministry of Public Security and Ministry of National Defense shall, within the ambit of their tasks and powers, organize investigation of corruption crimes.

4. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Government Inspectorate in performing the state management of anti-corruption work.

Article 85. Responsibilities of People’s Committees at all levels

Within the ambit of their tasks and powers, People’s Committees at all levels shall:

1. Promulgate according to their competence or propose competent authorities to promulgate legal documents on corruption prevention and combat;

2. Disseminate and organize education about the anti-corruption law;

3. Direct and organize the implementation of anti-corruption work;

4. Organize inspection of and settle complaints and denunciations about corruption prevention and combat;

5. Annually, report on anti-corruption work to the same-level People’s Councils.

Article 86. Responsibilities of the Supreme People’s Procuracy and Supreme People’s Court

1. The Supreme People’s Procuracy shall organize the implementation of, and direct the exercise of the right to, prosecution, and supervise the observance of law in the receipt and settlement of denunciations and notifications on crimes, request initiation of criminal cases, initiate criminal cases, and investigate, prosecute, adjudicate, and execute judgments for, corruption crimes; and investigate corruption crimes in judicial activities involving officers or civil servants of investigation agencies, People’s Procuracies, People’ Courts or judgment execution agencies, and persons competent to conduct judicial activities.

2. The Supreme People’s Court shall conduct cassation or re-opening review of corruption cases which fall within its jurisdiction, supervise the trial of corruption cases by other courts, and review trial activities to ensure the consistent application of law in the trial of corruption cases.

Article 87. Responsibilities of the State Audit Office of Vietnam

The State Audit Office of Vietnam shall carry out audit in order to prevent and detect corruption, and audit cases showing signs of corruption in accordance with law.

Article 88. Coordination responsibility of inspection agencies, state audit offices, investigation agencies, People’s Procuracies, People’s Courts and other agencies, organizations and units

1. Within the ambit of their tasks and powers, inspection agencies, state audit offices, investigation agencies, People’s Procuracies and People’s Courts shall:

a/ Coordinate with one another and with other agencies, organizations and units in preventing, detecting, deterring and handling corruption;

b/ Coordinate with one another in summarizing, assessing and forecasting the situation of corruption; and propose anti-corruption policies, laws and solutions.

2. Other agencies, organizations and units shall, within the ambit of their tasks and powers, create conditions for and coordinate with inspection agencies, state audit offices, investigation agencies, People’s Procuracies and People’s Courts in detecting and handling corruption.

Chapter VIII

INTERNATIONAL COOPERATION ON CORRUPTION PREVENTION AND COMBAT

Article 89. General principles on international cooperation

The State shall commit to implementing anti-corruption treaties to which the Socialist Republic of Vietnam is a contracting party; and cooperate with other countries, international organizations and foreign organizations and individuals in anti-corruption activities on the principles of respect for independence, sovereignty, territorial integrity and mutual benefit.

Article 90. Responsibility to carry out international cooperation

1. The Government Inspectorate shall coordinate with the Ministry of Justice, Ministry of Foreign Affairs, Ministry of Public Security and other agencies in carrying out international cooperation on research, training, policymaking, financial assistance, technical assistance, and exchange of information and experience in corruption prevention and combat.

2. The Supreme People’s Procuracy, Supreme People’s Court, Ministry of Justice, Ministry of Foreign Affairs and Ministry of Public Security shall, within the ambit of their tasks and powers, carry out international cooperation on mutual legal assistance in corruption prevention and combat.

Article 91. International cooperation on recovery of assets derived from corruption

1. On the basis of treaties to which the Socialist Republic of Vietnam is a contracting party and fundamental principles of Vietnam’s law, competent Vietnamese agencies shall cooperate with foreign ones in distraining assets, blocking bank accounts, confiscating or recovering assets derived from corruption, and returning such assets to their lawful owners or managers.

2. The Supreme People’s Procuracy shall act as a central agency in charge of international cooperation on recovery of assets derived from corruption in criminal proceedings; receive and handle foreign partners’ criminal mutual legal assistance requests for recovery of assets derived from corruption, and ask foreign partners to comply with Vietnam’s criminal mutual legal assistance requests for recovery of assets derived from corruption.

3. The Government Inspectorate, Ministry of Justice, Ministry of Foreign Affairs and related state management agencies shall, within the ambit of their tasks and powers, coordinate with the Supreme People’s Procuracy in carrying out international cooperation on recovery of assets derived from corruption.

Chapter IX

HANDLING OF CORRUPTION AND OTHER ACTS VIOLATING THE ANTI-CORRUPTION LAW

Section 1

HANDLING OF CORRUPTION

Article 92. Handling of persons committing acts of corruption

1. Persons committing acts of corruption shall be strictly handled in accordance with law regardless of their working positions and whether they have retired, resigned or moved to other jobs.

2. Persons who commit acts of corruption prescribed in Article 2 of this Law shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned, or examined for penal liability in accordance with law.

3. In case the disciplined persons committing acts of corruption who are the heads or deputy heads of agencies, organizations and units, they shall be subject to a heavier level of disciplining than the normal one.

4. Persons committing acts of corruption who have proactively reported their acts before being detected and actively cooperated with competent agencies, helping reduce damage, and arbitrarily returned assets derived from corruption and remediated consequences of their acts of corruption shall be considered for enjoying a lighter level of disciplining, extenuation of penal liability, exemption from penalty, or exemption from penal liability in accordance with law.

5. Persons convicted of corruption crimes who are cadres, civil servants or public employees for whom court judgments or rulings have taken legal effect shall automatically be forced to resign; for National Assembly deputies or People’s Council deputies, they shall automatically lose the rights of National Assembly deputies or People’s Council deputies.

Article 93. Handling of assets derived from corruption

1. Assets derived from corruption shall be recovered and returned to their lawful owners or managers or confiscated in accordance with law.

2. Damage caused by acts of corruption shall be remediated; persons who commit acts of corruption that cause damage shall pay compensations for such damage in accordance with law.

Section 2

HANDLING OF OTHER ACTS VIOLATING THE ANTI-CORRUPTION LAW

Article 94. Handling of other acts violating the anti-corruption law in agencies, organizations and units

1. Other acts violating the anti-corruption law are the acts other than those prescribed in Article 2 of this Law, including:

a/ Violating regulations on publicity and transparency in the operation of agencies, organizations and units;

b/ Violating regulations on norms, criteria and regimes;

c/ Violating regulations on the code of conduct;

d/ Violating regulations on conflicts of interests;

dd/ Violating regulations on reassignment of working positions of persons with positions and powers;

e/ Violating regulations on the obligation to report acts of corruption and process reports on acts of corruption;

g/ Violating regulations on the obligation to be honest in the declaration of assets and incomes and to explain the origin of increased assets and incomes;

h/ Violating regulations on the time limit for declaration of assets and incomes, or violating other regulations on asset and income control.

2. Persons who commit the act prescribed at Point a, b, c, d, dd, e or h, Clause 1 of this Article shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensations in accordance with law.

Persons who commit the act prescribed at Point g, Clause 1 of this Article shall be handled in accordance with Article 51 of this Law.

3. The disciplined violators who are heads or deputy heads of agencies, organizations or units shall be subject to a heavier level of disciplining than the normal one.

The disciplined violators who are members of political organizations, socio-political organizations or social organizations shall also be handled under the charters or regulations of such organizations.

4. The Government shall promulgate detailed regulations on the disciplining or sanctioning of administrative violations prescribed in this Article.

Article 95. Handling of other acts violating the anti-corruption law in businesses and organizations in the non-state sector

Businesses or organizations in the non-state sector being public companies, credit institutions, or social organizations established under decisions of or having their charters approved by the Prime Minister, Minister of Home Affairs or chairpersons of provincial-level People’s Committees that mobilize people’s contributions for charity activities and violate Article 80 of this Law shall, depending on the nature and severity of their violations, be handled as follows:

1. Businesses and organizations shall be administratively sanctioned in accordance with law;

2. Persons holding managerial titles and positions in businesses or organizations shall be handled under the charters or regulations of such businesses or organizations.

Businesses or organizations that fail to handle persons holding managerial titles and positions will have their names, addresses and violations publicly announced by competent agencies in charge of inspection in accordance with law.

Chapter X

IMPLEMENTATION PROVISIONS

Article 96. Effect 

1. This Law takes effect on July 1, 2019.

2. Anti-Corruption Law No. 55/2005/QH11, which was amended and supplemented under Law No. 01/2007/QH12 and Law No. 27/2012/QH13, ceases to be effective on the effective date of this Law.

This Law was passed on November 20, 2018, by the XIV^th National Assembly of the Socialist Republic of Vietnam at its 6^th session.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN