Consolidated Text 01/VBHN-TTCP of the Decree detailing the Anti-Corruption Law

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Consolidated Text No. 01/VBHN-TTCP dated April 19, 2022 of the Government Inspectorate of the Decree detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law
Issuing body: Effective date:Updating
Official number:01/VBHN-TTCPSigner:Tran Ngoc Liem
Type:Consolidated TextExpiry date:Updating
Issuing date:19/04/2022Effect status:
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CONSOLIDATED TEXT - THE  GOVERNMENT INSPECTORATE

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness


DECREE

Detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law[1]

The Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law, which takes effect on August 15, 2019, is amended and supplemented by:

The Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the November 20, 2018 Anti-Corruption Law;

At the proposal of the Inspector-General of the Government Inspectorate;

The Government promulgates the Decree detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.[2]

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details:

1. The following articles and clauses of the Anti-Corruption Law:

a/ Clause 1, Article 15, regarding accountability;

b/ Article 17, regarding criteria for assessment of anti-corruption work;

c/ Article 22, regarding offer and receipt of gifts;

d/ Article 23, regarding control of conflicts of interests;

dd/ Clause 4, Article 25, regarding working positions subject to periodical reassignment and reassignment cycles at ministries, ministerial-level agencies, government-attached agencies and local administrations;

e/ Clause 4, Article 71, regarding 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 for, and restoration of lawful rights and interests of, persons with positions and powers after competent agencies, organizations or units conclude that such persons commit no act of corruption;

g/ Article 80, regarding application of anti-corruption measures in enterprises and organizations in the non-state sector;

h/ Article 81, regarding inspection of the implementation of the anti-corruption law by enterprises and organizations in the non-state sector;

i/[3] Article 94, regarding handling of other acts violating the anti-corruption law in agencies, organizations and units.

2. Measures to organize the implementation of the Anti-Corruption Law, including:

a/ The period during which persons with positions and powers may not establish, or hold managerial or executive titles or positions in, sole proprietorships, limited liability companies, joint-stock companies, partnerships, or cooperatives in the fields where they used to manage as specified at Point d, Clause 2, Article 20 of the Anti-Corruption Law;

b/ Provision of information at the request of agencies or organizations;

c/ Information and reporting on anti-corruption work;

d/ Handling of responsibilities of heads of agencies, organizations or units for corruption occurring in their agencies, organizations or units.

Article 2. Subjects of application

1. This Decree applies to agencies, organizations and units in the state sector, including state agencies, political organizations, socio-political organizations, people’s armed forces units, public non-business units, state enterprises, and other organizations and units that are established and have physical foundations invested and operation funds wholly or partially allocated by the State, and which the State directly manages or participates in managing; persons with positions and powers working at agencies, organizations and units in the state sector, and other agencies, organizations and individuals involved in the anti-corruption work.

2. Enterprises and organizations in the non-state sector and persons with positions and powers in these enterprises and organizations shall implement the provisions of Chapter VII of this Decree.

 

Chapter II

ACCOUNTABILITY

Section 1

CONTENTS OF EXPLANATION, CONDITIONS FOR RECEIPT OF REQUESTS FOR EXPLANATION, CASES OF REJECTION OF REQUESTS FOR EXPLANATION, CONTENTS NOT SUBJECT TO EXPLANATION, AND RESPONSIBILITIES OF HEADS IN DISCHARGING ACCOUNTABILITY

Article 3. Contents of explanation

1. Legal grounds for issuance of decisions or performance of acts.

2. Competence to issue decisions or perform acts.

3. Order and procedures for issuance of decisions or performance of acts.

4. Contents of decisions or acts.

Article 4. Conditions for receipt of requests for explanation     

1. Individuals requesting explanation have full civil act capacity or have representatives as required by law; agencies, organizations or units requesting explanation have lawful representatives.

2. Decisions or acts of agencies, organizations or units requested to give explanations directly impact lawful rights and interests of agencies, organizations, units or individuals requesting explanation.

Article 5. Cases of rejection of requests for explanation

1. The conditions for receipt of requests for explanation specified  in Article 4 of this Decree are not fully satisfied.

2. Contents of requests for explanation fall into the cases specified in Article 6 of this Decree; contents subject to explanation have been explained or accepted by competent agencies, organizations, units or individuals for settlement, unless persons requesting explanation can give plausible reasons.

3. A person requesting explanation is in the state of being unable to control his/her acts as a result of using stimulants or commits an act causing disorder or threatening or hurting the honor or dignity of the person receiving requests for explanation.

4. Authorized persons or representatives possess no lawful papers as required by law.

Article 6. Contents not subject to explanation

1. Contents classified as state secrets, private life secrets, personal secrets, or business secrets as prescribed by law.

2. Contents on direction, administration and organization of the performance of tasks and official duties within agencies, organizations or units which have neither been issued nor implemented, or contents on direction and administration from superior agencies to subordinate ones.

Article 7. Responsibilities of heads of agencies, organizations or units in discharging accountability

1. To include specific provisions on discharge of accountability in internal rules and working regulations of agencies, organizations or units.

2. To assign responsible persons or divisions to receive requests for explanation.

3. To organize, direct, urge and inspect the discharge of accountability, and handle violations according to their competence.

Section 2

RIGHTS AND OBLIGATIONS OF EXPLANATION REQUESTERS AND PERSONS DISCHARGING ACCOUNTABILITY

Article 8. Rights and obligations of explanation requesters

1. An explanation requester has the following rights:

a/ To implement or authorize another person with full civil act capacity to implement requests for explanation;

b/ To withdraw part or the whole of a request for explanation;

c/ To receive written explanations from agencies, organizations, units or individuals responsible for giving explanations;

d/ To lodge complaints and denunciations in accordance with law.

2. An explanation requester has the following obligations:

a/ To state his/her full name and address or produce his/her personal identification paper or letter of authorization;

b/ To strictly comply with the order and procedures for requesting explanation specified in Section 3, Chapter II of this Decree and relevant regulations;

c/ To clearly, truthfully and groundedly present contents of his/her request for explanation;

d/ To provide information and documents related to contents of his/her request for explanation.

Article 9. Rights and obligations of persons discharging accountability

1. A person discharging accountability has the following rights:

a/ To ask the explanation requester to provide information and documents related to contents of the latter’s request for explanation;

b/ To guide the explanation requester in complying with the order and procedures specified in Section 3, Chapter II of this Decree and relevant regulations;

c/ To reject requests for explanation in the cases specified in Article 5 of this Decree.

2. A person discharging accountability has the following obligations:

a/ To receive requests for explanation falling within his/her competence;

b/ To guide the explanation requester in complying with the order and procedures specified in Section 3, Chapter II of this Decree and relevant regulations;

c/ To settle requests for explanation according to the order, procedures and time limit prescribed in this Decree and relevant regulations.

Section 3

ORDER AND PROCEDURES FOR EXPLANATION

Article 10. Requests for explanation

1. A request for explanation shall be made in writing or directly at the agency, organization or unit responsible for giving explanations.

2. A written request for explanation must:

a/ Clearly state contents requested for explanation, and name, address and telephone number or mail address of the explanation requester;

b/ Bear the signature or fingerprint of the person requesting explanation.

3. For a direct request for explanation:

a/ The explanation requester must clearly present contents of his/her request to the person assigned to receive requests for explanation.

In case more than one person requests explanation about the same issue, they shall appoint a representative to present contents of their request. Such appointment shall be expressed in writing with signatures or fingerprints of the explanation requesters;

b/ The person assigned to receive requests for explanation shall truthfully present in writing contents of requests; and clearly state the full name, address and telephone number or mail address of the explanation requester;

c/ The explanation requester shall put his/her signature or fingerprint in his/her request for explanation.

Article 11. Receipt of requests for explanation

1. Agencies, organizations, units or individuals responsible for giving explanations shall receive requests for explanation which satisfy the conditions for receipt specified in Article 4, and do not fall into the cases of rejection specified in Article 5, of this Decree. In case a request for explanation does not fall within his/her responsibility, the person receiving it shall recommend the explanation requester to come to a competent agency as prescribed by law to make his/her request.

2. In case a written request for explanation does not satisfy the conditions specified in Clause 2, Article 10 of this Decree, the person receiving it shall guide the explanation requester to add necessary information and documents.

3. In case a request for explanation has previously been explained to another person, the person receiving it shall provide a copy of the written explanation to the explanation requester.

4. Within 5 working days after receiving a request for explanation, the person responsible for giving explanations shall notify in writing the explanation requester of the settlement of the request or refusal to settle the request, clearly stating the reason.

Article 12. Explanation

1. For a direct request for explanation with simple contents, explanations may be given directly and recorded in writing bearing signatures or fingerprints of the involved parties.

2. In other cases, the explanation shall be carried out as follows:

a/ Collecting and verifying relevant information;

b/ Working directly with the explanation requester in order to clarify relevant contents when deeming it necessary. Contents of a working meeting shall be recorded in writing bearing signatures or fingerprints of involved parties;

c/ Issuing a written explanation;

d/ Sending a written explanation to the explanation requester.

3. A written explanation must have the following contents:

a/ Full name and address of the explanation requester;

b/ Contents of the request for explanation;

c/ Results of the working meeting with related organizations and individuals (if any);

d/ Legal grounds for explanation;

dd/ Specific contents of explanation.

Article 13. Time limit for explanation

The time limit for explanation is 15 days from the date of issuance of a notice of receipt of a request for explanation; for a request for explanation with complicated contents, this time limit may be extended once for no more than 15 days and such extension shall be notified in writing to the explanation requester.

The period of explanation suspension specified in Clause 1, Article 14 of this Decree shall not be included in the time limit for explanation.

Article 14. Suspension from or termination of explanation

1. In the course of making explanation, a person discharging accountability shall decide to suspend explanation in the following cases:

a/ The explanation requester dies with the heir of his/her rights and obligations unidentified; or the agency or organization requesting explanation is divided, merged or dissolved without any individual or organization inhering its rights and obligations;

b/ The explanation requester loses his/her civil act capacity with his/her at-law representative unidentified;

c/ The explanation requester is sick or the person discharging accountability cannot make explanation for another reason.

2. A person discharging accountability shall continue making explanation when the reason for explanation suspension no longer exists.

3. A person discharging accountability shall decide to terminate the explanation in the following cases:

a/ The explanation requester dies with the heir of his/her rights and obligations unidentified; or the agency or organization requesting explanation is divided, merged or dissolved without any individual or organization inhering its rights and obligations;

b/ The explanation requester loses his/her civil act capacity with his/her at-law representative unidentified;

c/ The explanation requester withdraws the whole of his/her request for explanation.

Chapter III

ASSESSMENT OF ANTI-CORRUPTION WORK

Article 15. Principles of assessment of anti-corruption work

1. The assessment of anti-corruption work must ensure accuracy, objectivity, and compliance with law.

2. The organization of assessment of anti-corruption work must comply with Article 21 of this Decree.

Article 16. Criteria for assessment of quantity, nature and severity of corruption cases and matters

Criteria for assessment of quantity, nature and severity of corruption cases and matters shall be identified based on conclusions of competent state agencies, which include the following component criteria:

1. Number of persons committing acts of corruption;

2. Positions of persons committing acts of corruption;

3. Fields in which acts of corruption are committed;

4. Severity of acts of corruption;

5. Value of money lost or assets damaged due to acts of corruption;

6. Number of corruption cases or matters for which competent agencies have issued conclusions.

Article 17. Criteria for assessment of the formulation and improvement of anti-corruption policies and laws

Criteria for assessment of the formulation and improvement of anti-corruption policies and laws include the following component criteria:

1. Leadership, direction and implementation of the formulation and improvement of anti-corruption policies and laws;

2. Leadership, direction and implementation of the inspection, review and systemization of legal documents on anti-corruption work;

3. Leadership, direction and implementation of the law dissemination and education, and inspection and monitoring of the implementation of legal documents on anti-corruption work.

Article 18. Criteria for assessment of the implementation of corruption prevention measures

1. Criteria for assessment of the implementation of corruption prevention measures by agencies, organizations and units in the state sector include the following component criteria:

a/ Results of the implementation of regulations on publicity and transparency;

b/ Results of the control of conflicts of interest;

c/ Results of the issuance and implementation of norms, standards and regimes;

d/ Results of the implementation of the code of conduct;

dd/ Results of the reassignment of working positions;

e/ Results of the administrative reform and application of science and technology in the management and non-cash payment;

g/ Results of the control of assets and incomes;

h/ Results of the implementation of the regulations on responsibilities of heads.

2. Criteria for assessment of the implementation of corruption prevention measures by enterprises and organizations in the non-state sector include the following component criteria:

a/ Results of the formulation and implementation of the code of conduct and internal control mechanisms;

b/ Results of the implementation of measures to ensure publicity and transparency;

c/ Control of conflicts of interests;

d/ Regulations on responsibilities of heads.

Article 19. Criteria for assessment of the detection and handling of corruption

1. Criteria for assessment of the detection of corruption include the following component criteria:

a/ Results of the detection of corruption through supervision, inspection, examination and audit activities;

b/ Results of the detection of corruption through information, denunciations and reports on acts of corruption;

c/ Results of the detection of corruption through investigation, prosecution and trial activities.

2. Criteria for assessment of the handling of corruption include the following component criteria:

a/ Results of the disciplining and administrative sanctioning of violators;

b/ Results of the handling of responsibilities of heads for corruption occurring in their agencies, organizations or units;

c/ Results of the criminal handling of persons committing acts of corruption;

d/ Money amounts and assets derived from corruption which are proposed to be recovered.

Article 20. Criteria for assessment of the recovery of assets derived from corruption

Criteria for assessment of the recovery of assets derived from corruption include the following component criteria:

1. Total money amounts and assets derived from corruption to be recovered, and results of recovery;

2. Results of the recovery of assets derived from corruption with administrative measures;

3. Results of the recovery of assets derived from corruption with judicial measures.

Article 21. Organization of the assessment of anti-corruption work

1. The Government Inspectorate shall formulate a manual on assessment of anti-corruption work in order to ensure unified and objective implementation of anti-corruption work and meet the requirements of this work nationwide. This manual must have the contents, scope, objects, and methods of assessment of anti-corruption work, and order and procedures for conducting the assessment.

2. Annually, based on the manual on assessment of anti-corruption work, ministers, heads of ministerial-level agencies, and chairpersons of provincial-level People’s Committees shall issue plans on assessment of anti-corruption work of their ministries, agencies and People’s Committees.

Agencies and units assigned to take charge of assessment of anti-corruption work of ministries, ministerial-level agencies and provincial-level People’s Committees shall assess the anti-corruption work after summarizing information, documents, dossiers and reports of their attached agencies, organizations and units.

3.[4] Ministers, heads of ministerial-level agencies, and chairpersons of provincial-level People’s Committees shall take responsibility before the Prime Minister for results of the assessment of anti-corruption work conducted by their ministries, agencies and People’s Committees and send assessment results to the Government Inspectorate for review, assessment and summarization.

4. Results of the assessment of anti-corruption work shall be used to make reports on anti-corruption work under Article 16 of the Anti-Corruption Law.

 

Chapter IV

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

Section 1

PERIOD DURING WHICH PERSONS WITH POSITIONS AND POWERS ARE NOT ALLOWED TO ESTABLISH, OR HOLD MANAGERIAL OR EXECUTIVE TITLES OR POSITIONS IN, SOLE PROPRIETORSHIPS, LIMITED LIABILITY COMPANIES, JOINT-STOCK COMPANIES, PARTNERSHIPS OR COOPERATIVES AFTER THEY NO LONGER HOLD POSITIONS

Article 22. Fields in which persons with positions and powers are not allowed to establish, or hold managerial or executive titles or positions in, sole proprietorships, limited liability companies, joint-stock companies, partnerships or cooperatives after they no longer hold positions

1. Group 1, which includes the fields under the management by:

a/ Ministry of Industry and Trade;

b/ Ministry of Transport;

c/ Ministry of Planning and Investment;

d/ Ministry of Labor, Invalids and Social Affairs;

dd/ Ministry of Agriculture and Rural Development;

e/ Ministry of Finance;

g/ Ministry of Natural Resources and Environment;

h/ Ministry of Information and Communications;

i/ Ministry of Construction;

k/ Ministry of Justice;

l/ State Bank of Vietnam;

m/ Government Inspectorate;

n/ Commission for the Management of State Capital at Enterprises;

o/ Government Office.

2. Group 2, which includes the fields under the management by:

a/ Ministry of Education and Training;

b/ Ministry of Science and Technology;

c/ Ministry of Culture, Sports and Tourism;

d/ Ministry of Health;

dd/ Vietnam Social Security;

e/ Committee on Ethnic Minorities Affairs.

3. Group 3, which includes the fields under the management by:

a/ Ministry of Public Security;

b/ Ministry of National Defense;

c/ Ministry of Foreign Affairs.

4. Group 4, which includes programs, projects and schemes studied, formulated or appraised and approved by incumbent cadres, civil servants or public employees who no longer hold positions.

5. Ministers and heads of ministerial-level agencies shall specify lists of the fields mentioned in Clauses 1, 2, 3 and 4 of this Article.

Article 23. Period during which persons with positions and powers are not allowed to establish, or hold managerial or executive titles or positions in, sole proprietorships, limited liability companies, joint-stock companies, partnerships or cooperatives after they no longer hold positions

1. The period during which persons with positions and powers are not allowed to establish, or hold managerial or executive titles or positions in, sole proprietorships, limited liability companies, joint-stock companies, partnerships or cooperatives after they no longer hold positions is prescribed as follows:

a/ Between 12 months and 24 months, for the fields in group 1 specified in Clause 1, Article 22 of this Decree;

b/ Between 6 months and 12 months, for the fields in group 2 specified in Clause 2, Article 22 of this Decree;

c/ For the fields in group 3 specified in Clause 3, Article 22 of this Decree, the Minister of Public Security, Minister of National Defense or Minister of Foreign Affairs shall prescribe the period during which persons with positions and powers are not allowed to establish, or hold managerial or executive titles or positions in sole proprietorships, limited liability companies, joint-stock companies, partnerships or cooperatives after they no longer hold positions;

d/ The period for completion of programs, projects or schemes, for the fields in group 4 specified in Clause 4, Article 22 of this Decree.

2. Ministers or heads of ministerial-level agencies shall specify the period during which persons with positions and powers are not allowed to establish, or hold managerial or executive titles or positions in sole proprietorships, limited liability companies, joint stock companies, partnerships or cooperatives after they no longer hold positions in the fields of the groups specified at Points a, b and d, Clause 1 of this Article.

Section 2

OFFER AND RECEIPT OF GIFTS

Article 24. Offer of gifts

1. Agencies, organizations, units and persons with positions and powers may only use public finances or public assets as gifts for charity or the external affairs purpose and shall implement law-prescribed regimes and policies.

2. The offer of gifts must comply with regulations on regimes, norms, standards and beneficiaries; gift-offering agencies or units shall make accounting of gift value and ensure publicity in their agencies or units in accordance with law.

Article 25. Receipt of gifts

Agencies, organizations, units and persons with positions and powers may not directly or indirectly receive gifts in any form from agencies, organizations, units and individuals involved in the affairs the former perform or under the former’s management. If unable to refuse to receive gifts, agencies, organizations or units shall manage and handle the gifts under Article 27 of this Decree.

Article 26. Reporting on and return of gifts

1. When being offered gifts in contravention of regulations, agencies, organizations or units shall refuse to receive them; if unable to refuse to receive gifts, agencies, organizations or units shall return them to their divisions responsible for managing gifts for handling under Article 27 of this Decree.

2. When being offered gifts in contravention of regulations, persons with positions and powers shall refuse to receive them; if unable to refuse to receive gifts, these persons shall send reports to heads of their agencies, organizations or units or heads of their superior agencies, organizations or units and return gifts for handling under Article 27 of this Decree within 5 working days after receiving such gifts.

A report shall be made in writing and must have the following contents: full name, position, agency and address of the gift-offering person; type and value of gifts; time, place and circumstances of receipt of gifts; and relationship between the gift-receiving person and the gift-offering person.

Article 27. Handling of gifts

1. For gifts being cash or valuable papers, heads of agencies, organizations or units shall organize the receipt and preservation of the gifts, and carry out procedures for remittance into the state budget in accordance with law.

2. For gifts in kind, heads of agencies, organizations or units shall organize the receipt and preservation of the gifts and handle them as follows:

a/ Determining the value of the gifts based on their prices (if any) provided by agencies, units or persons offering the gifts or based on the value of similar gifts sold in the market. If it is impossible to determine the value of the gifts in kind, agencies, organizations or units may request competent agencies to do so;

b/ Deciding on and organizing the public sale of the gifts in accordance with law;

c/ Remitting into the state budget the proceeds from the handling of the gifts after subtracting expenses related to the handling of the gifts within 30 days after the sale.

3. For gifts being excursion, tourism, health, education and training, or domestic or overseas training or further training services or other services, heads of agencies, organizations or units shall notify their refusal to use such services to the service providers.

4. For gifts being fresh and live animals, plants or foods and other things hard to preserve, heads of agencies, organizations or units shall base themselves on practical conditions and regulations on handling of exhibits involved in cases of administrative violation to decide on the handling of the gifts according to their competence or report such to competent authorities for consideration and decision on the handling of the gifts.

5. Within 5 working days after handling gifts, agencies, organizations or units shall send a written notice to the agencies, organizations or units managing the gift-offering persons or superior authorities of the gift-offering agencies, organizations or units for consideration and handling according to their competence.

Article 28. Handling of violations of regulations on offer and receipt of gifts

1. Agencies, organizations or units that use public finances or public assets as gifts in contravention of regulations shall refund the value of gifts to the State. Individuals who use public finances or public assets as gifts ultra vires or in contravention of regulations shall refund the value of the gifts and shall, depending on the nature and severity of their violations, be handled in accordance with the law on sanctioning of administrative violations in the field of management and use of state assets.

2. Heads of agencies, organizations or units who violate regulations on receipt and handling of gifts, and persons with positions and powers who violate regulations on receipt of gifts but send reports thereon and return the gifts shall, depending on the nature and severity of their violations, be handled in accordance with the law on disciplining of cadres, civil servants and public employees and the law on sanctioning of administrative violations in the field of management and use of state assets.

Section 3

CONTROL OF CONFLICTS OF INTERESTS

Article 29. Cases of conflicts of interests

Persons with positions and powers shall be considered being involved in conflicts of interests when there are clear signs showing that these persons fall or will fall into one of the following cases:

1. Receiving money, assets or other benefits from agencies, organizations, units or individuals involved in the affairs they settle or the affairs under their management;

2. Establishing, or participating in managing sole proprietorships, limited liability companies, joint stock companies, partnerships or cooperatives, unless otherwise prescribed by law;

3. Advising other enterprises, organizations or individuals at home or abroad on the affairs related to state secrets, work secrets or affairs they are competent to settle or participate in settling;

4. Using information acquired thanks to their positions and powers for personal gain or in the interest of other organizations or individuals;

5. Assigning their spouses, parents, children or siblings to hold managerial positions related to organization and personnel or accounting or to act as treasurers or storekeepers in agencies, organizations or units, or conducting transactions for or purchasing and selling goods and services, or signing contracts for agencies, organizations or units of which they are heads or deputy heads;

6. Contributing capital to enterprises operating in trades or sectors of which they directly perform the state management, or letting their spouses, parents or children do business in such trades or sectors;

7. Signing contracts with enterprises owned by their spouses, parents, children or siblings, or letting such enterprises take part in bidding packages of their agencies, organizations or units when they are assigned to conduct transactions for, purchase and sell goods and services, or sign contracts for such agencies, organizations or units;

8. Their spouses, parents, children or siblings have the rights or interests directly related to the performance of their tasks or public duties;

9. Intervening or improperly exerting impacts on the operation of competent agencies, organizations, units or individuals for personal gain.

Article 30. Information and reports on conflicts of interests

1. When being assigned tasks or while performing their tasks or official duties, persons with positions and powers who know or have to know that such tasks or duties are involved in conflicts of interests shall send reports to persons directly managing or employing them for consideration and handling under regulations.

2. When detecting conflicts of interests of persons with positions and powers, agencies, organizations, units or individuals shall send information and reports to persons directly managing or employing the persons with positions and powers for consideration and handling.

3. Information and reports on conflicts of interests shall be provided within 5 working days after it is known or detected that the tasks or official duties assigned to certain persons cause conflicts of interests with such persons. Information and reports on conflicts of interests shall be made in writing and must clearly state:

a/ Circumstances involving conflicts of interests;

b/ Time when conflicts of interests occur and are known or detected;

c/ Extent of negative impacts or potential negative impacts on the performance of tasks or official duties of persons with positions and powers;

d/ Proposal on or recommendation of measures to control conflicts of interests.

Article 31. Processing of information and reports on conflicts of interests

1.[5] Heads of agencies, organizations and units managing or employing persons with positions and powers are competent to receive and process information and reports on conflicts of interest. Within 5 working days after receiving information or a report on a conflict of interest, the head of the concerned agency, organization or unit shall decide to apply, or request the competent person managing the person with positions and powers to apply one of the measures to control conflicts of interest specified in Articles 32, 33 and 34 of this Decree, or handle the violator under regulations.

2. The concerned agency, organization or unit shall, within 5 working days after processing information or the report on a conflict of interests, send a notice to the person involved in the conflict of interests and the information or report sender.

Article 32. Supervision of the performance of assigned tasks or official duties by persons involved in conflicts of interests

1. The supervision of the performance of assigned tasks or official duties by a person involved in a conflict of interests shall be decided when there are grounds to believe that such person fails to ensure correctness, objectivity or truthfulness in the performance of his/her tasks or official duties but it is unnecessary to apply the measure of termination of work or suspension from work or temporary transfer of the person involved in the conflict of interests to another working position.

2. The person directly managing or employing a person involved in a conflict of interests shall, based on the scope, scale, nature and contents of the latter’s tasks or official duties, decide to supervise, or assign a civil servant under his/her management to supervise the latter’s performance of assigned tasks or official duties.

3. Supervision contents include:

a/ Performance of assigned tasks or official duties involving a conflict of interests, including performance progress and results;

b/ Difficulties and problems arising in the performance of tasks or official duties;

c/ Other contents related to the performance of assigned tasks or official duties by persons involved in a conflict of interests.

4. Persons assigned to supervise the performance of assigned tasks or official duties by persons involved in conflicts of interests shall:

a/ Request the persons involved in conflicts of interests to implement regulations on information, reporting and explanation, and to provide information and documents related to supervision contents;

b/ Work directly with the persons involved in conflicts of interests when deeming it necessary to serve the supervision;

c/ Report in person or in writing to supervision-assigning persons on difficulties or problems encountered or violations committed by persons involved in conflicts of interests for the latter to apply prompt remedies;

d/ Report to supervision-assigning persons when having grounds to believe that the supervision is not suitable to conflicts of interests or when conflicts of interests no longer exist.

Article 33. Suspension from performance of assigned tasks or official duties of persons involved in conflicts of interests; temporary transfer of persons involved in conflicts of interests to other working positions

1. The suspension from performance of assigned tasks or official duties of persons involved in conflicts of interests or temporary transfer of persons involved in conflicts of interests to other working positions shall be carried out when there are grounds to believe that the continued performance of such tasks or duties or the continued holding of such positions will not ensure objectivity or transparency in the operation of agencies, organizations or units.

2. The suspension from performance of assigned tasks or official duties of persons involved in conflicts of interests or temporary transfer of persons involved in conflicts of interests to other working positions must comply with the provisions of Section 3, Chapter VI of this Decree and other provisions of the law on cadres, civil servants and public employees and labor law.

Article 34. Termination of performance of assigned tasks or official duties of persons involved in conflicts of interests

1. The termination of performance of tasks or official duties of persons involved in conflicts of interests shall be carried out when there are clear grounds to believe that these persons commit violations or exert improper impacts, thus obstructing the operation of competent state agencies.

2.[6] Within 5 days after having the grounds mentioned in Clause 1 of this Article, heads of agencies, organizations or units shall decide, or request competent persons managing persons with positions and powers to decide on the termination of performance of tasks or official duties of the persons with positions and powers.

3. A decision on termination of performance of tasks or official duties of a person with positions and powers must state the full name of such person; termination period; reason for termination; rights and obligations of such person; and effect of the decision.

4. A decision on termination of performance of tasks or official duties of a person with positions and powers shall be sent to such person and agencies, organizations, units and individuals sending information or reports on conflicts of interests.

Article 35. Application of other laws on control of conflicts of interests

In case other laws prescribe the control of conflicts of interests, the control of conflicts of interests must comply with such laws, in addition to the Anti-Corruption Law and this Decree.

 

Chapter V

WORKING POSITIONS SUBJECT TO PERIODICAL REASSIGNMENT AND REASSIGNMENT CYCLES

Article 36. Specific provisions on the list of working positions subject to periodical reassignment and reassignment cycles

1. Ministers, heads of ministerial-level agencies or heads of government-attached agencies shall specify the list of working positions subject to periodical reassignment and reassignment cycles within agencies, organizations and units under ministries, ministerial-level agencies or government-attached agencies and under sectoral management in local administrations.

2. The list of working positions subject to periodical reassignment is provided in the Appendix to this Decree.

Article 37. Methods of reassignment of working positions

1. Reassignment of working positions with the same professional operations from a division to another within an agency, organization or unit; among fields and areas assigned to responsible persons for monitoring and management, or among agencies, organizations and units under the management by ministries, ministerial-level agencies, government-attached agencies or local administrations.

2. The reassignment of working positions shall be carried out under a document on transfer, arrangement or assignment of tasks for a person with positions and powers in accordance with law.

Article 38. Persons not subject to reassignment of working positions

1. Persons who are considered for disciplining.

2. Persons who are subject to examination, verification, inspection, investigation, prosecution, or trial.

3. Persons who have fatal diseases treated as certified by competent health bodies; persons who are on full-time training courses of 12 months or longer, and persons who are on secondment.

4. Women who are pregnant or nursing children aged under 36 months; and men who are nursing children aged under 36 months because their wives die or in other cases with objective reasons.

Article 39. Reassignment of working positions in special cases

1. For an agency, organization or unit that has only one working position on the list of working positions subject to periodical reassignment while such position has professional requirements different from those of other positions in such agency, organization or unit, the head of its superior agency shall formulate a general plan on reassignment of working positions.

2. Working positions shall not be reassigned for persons whose remaining working period is under 18 months to the date they reach the retirement age.

 

 

Chapter VI

SUSPENSION FROM WORK OR TEMPORARY TRANSFER OF PERSONS WITH POSITIONS AND POWERS WHO COMMIT CORRUPTION-RELATED VIOLATIONS TO OTHER WORKING POSITIONS

Section 1

COMPETENCE TO ISSUE DECISIONS ON SUSPENSION FROM WORK OR TEMPORARY TRANSFER OF PERSONS WITH POSITIONS AND POWERS TO OTHER WORKING POSITIONS

Article 40. Principles of determination of the competence to issue decisions on suspension from work or temporary transfer of persons with positions and powers to other working positions

Heads of agencies, organizations or units competent to appoint, recruit and manage persons with positions and powers shall decide, or propose competent persons to decide on suspension from work or temporary transfer to other working positions for persons with positions and powers under their management when having the grounds specified in Article 43 of this Decree.

In case other laws or charters of political organizations or socio-political organizations define the competence to issue decisions on suspension from work or temporary transfer to other working positions for persons with positions and powers, such laws or charters shall apply.

Article 41. Competence to issue decisions on suspension from work or temporary transfer of persons with positions and powers to other working positions in state administrative agencies

1. Chairpersons of commune-level People’s Committees shall decide, or propose competent persons to decide, on suspension from work or temporary transfer to other working positions for persons with positions and powers under their management.

2. Chairpersons of district-level People’s Committees shall decide on suspension from work for chairpersons and vice chairpersons of commune-level People’s Committees; decide on suspension from work or temporary transfer to other working positions for heads and deputy heads of specialized agencies under district-level People’s Committees and persons with positions and powers they have appointed or directly manage.

3. Heads of specialized agencies of provincial-level People’s Committees shall decide on suspension from work or temporary transfer to other working positions for heads and deputy heads of agencies or units under their specialized agencies and persons with positions and powers they have appointed or directly manage.

4. Chairpersons of provincial-level People’s Committees shall decide on suspension from work for chairpersons and vice chairpersons of district-level People’s Committees; decide on suspension from work or temporary transfer to other working positions for heads and deputy heads of specialized agencies of provincial-level People’s Committees and persons with positions and powers they have appointed and directly manage.

5. Directors general of general departments/directorates, directors of departments/agencies and the equivalent assigned to manage persons with positions and powers shall decide, or propose competent persons to decide, on suspension from work or temporary transfer to other working positions for heads and deputy heads of agencies and units under general departments/directorates or departments/agencies and the equivalent and persons with positions and powers they have appointed and directly manage.

6. Ministers, heads of ministerial-level agencies or heads of government-attached agencies shall decide, or propose competent persons to decide, on suspension from work or temporary transfer to other working positions for heads and deputy heads of agencies and units under ministries, ministerial-level agencies or government-attached agencies and persons with positions and powers they have appointed and directly manage.

7. The Prime Minister shall decide on suspension from work for chairpersons and vice chairpersons of provincial-level People’s Committees; submit to the National Assembly for approval requests for suspension from work for Deputy Prime Ministers, ministers, heads of ministerial-level agencies or heads of government-attached agencies; submit, when the National Assembly is in recess, to the President for decision the suspension from work for Deputy Prime Ministers, ministers, heads of ministerial-level agencies or heads of government-attached agencies; and decide on suspension from work or temporary transfer to other working positions for deputy ministers and the equivalent and persons with positions and powers he/she has appointed.

Article 42. Competence to issue decisions on suspension from work or temporary transfer to other working positions in public non-business units and state enterprises

1. Heads of competent agencies managing public non-business units and state enterprises shall decide on suspension from work or temporary transfer to other working positions for holders of managerial positions they have appointed.

2. Heads of public non-business units and state enterprises shall decide on suspension from work or temporary transfer to other working positions for public employees they have recruited or appointed and directly manage.

Section 2

GROUNDS FOR SUSPENSION FROM WORK OR TEMPORARY TRANSFER TO OTHER WORKING POSITIONS; RIGHTS AND OBLIGATIONS OF PERSONS ISSUING DECISIONS ON SUSPENSION FROM WORK OR TEMPORARY TRANSFER TO OTHER WORKING POSITIONS AND PERSONS WITH POSITIONS AND POWERS WHO ARE SUSPENDED FROM WORK OR TEMPORARILY TRANSFERRED TO OTHER WORKING POSITIONS

Article 43. Grounds for issuance of decisions on suspension from work or temporary transfer to other working positions

1. The suspension from work or temporary transfer to other working positions for persons with positions and powers shall be decided only when there are grounds to believe that such persons have committed violations of the anti-corruption law and their continued working might obstruct the examination work and handling of violations.

2. A person with positions and powers shall be considered having committed a violation of the anti-corruption law if there is one of the following grounds:

a/ A written request of an inspectorate, state audit office, investigation body, people’s procuracy or people’s court;

b/ The verification carried out to clarify denunciation contents shows that he/she has committed an act showing a sign of corruption;

c/ The inspection carried out within his/her agency, organization or unit showing that he/she has committed an act showing a sign of corruption;

d/ The management, direction or administration work shows that he/she has committed a violation related to the performance of tasks or official duties or the management and use of public finances or public assets.

3. A person with positions and powers shall be considered being likely to obstruct a competent state agency’s examination work and handling of violations when committing one of the following acts:

a/ Refusing to provide information and documents or providing inadequate or untruthful information and documents;

b/ Intentionally delaying or shirking the compliance with a competent person’s request in the course of verification and clarification of acts of corruption;

c/ Arbitrarily removing seals of documents or destroying information, documents or evidences; dispersing assets related to violations;

d/ Abusing positions and powers or influence of his/her own or of another person or using another form to cover his/her violations, or obstructing the verification and clarification work.

Article 44. Rights and obligations of persons issuing decisions on suspension from work or temporary transfer to other working positions

1. Persons issuing decisions on suspension from work or temporary transfer to other working positions for persons with positions and powers have the following rights:

a/ To request inspectorates, state audit offices, investigation bodies, or procuracies to provide information and documents for clarifying bases for the issuance of such decisions;

b/ To request persons with positions and powers who are suspended from work or temporarily transferred to other working positions to coordinate with competent agencies or persons in verifying and clarifying acts of corruption.

2. A person issuing decisions on suspension from work or temporary transfer to other working positions for persons with positions and powers have the following obligations:

a/ To send such decisions to persons with positions and powers who are suspended from work or temporarily transferred to other working positions, their agencies, organizations or units, and agencies, organizations or units that receive them;

b/[7] To annul decisions on suspension from work or temporary transfer to other working positions for persons with positions and powers after competent agencies conclude that such persons have committed no act of corruption;

c/ To publicize the annulment of such decisions to all cadres, civil servants and public employees of their agencies, organizations or units;

d/ To restore the lawful rights and interests of persons with positions and powers after competent agencies conclude that such persons have committed no act of corruption or it is impossible to identify their acts of corruption though the period of suspension from work or temporary transfer to other working positions has expired.

Article 45. Rights and obligations of persons with positions and powers who are suspended from work or temporarily transferred to other working positions

1. Persons with positions and powers who are suspended from work or temporarily transferred to other working positions have the following rights:

a/ To receive decisions on suspension from work or temporary transfer to other working positions;

b/ To receive competent state agencies’ notices of conclusions on verification and clarification of their acts of corruption;

c/ To request persons issuing decisions on suspension from work or temporary transfer to other working positions to re-consider such decisions when having grounds to believe that such decisions are illegal and infringe upon their lawful rights and interests;

d/[8] To request persons issuing decisions on suspension from work or temporary transfer to other working positions to annul such decisions after competent agencies conclude that they have committed no act of corruption;

dd/ To request competent persons to restore their lawful rights and interests.

2. Persons with positions and powers who are suspended from work or temporarily transferred to other working positions have the following obligations:

a/ To strictly abide by competent persons’ decisions on suspension from work or temporary transfer to other working positions;

b/ To provide relevant information and documents and coordinate with competent agencies in the course of verification and clarification of acts of corruption;

c/ To observe internal rules and working regulations of agencies, organizations or units that receive them during the period of temporary transfer.

Section 3

ORDER, PROCEDURES FOR AND PERIOD OF SUSPENSION FROM WORK OR TEMPORARY TRANSFER TO OTHER WORKING POSITIONS; ANNULMENT OF DECISIONS ON SUSPENSION FROM WORK OR TEMPORARY TRANSFER TO OTHER WORKING POSITIONS AND DISCLOSURE OF SUCH DECISIONS

Article 46. Issuance of decisions on suspension from work or temporary transfer to other working positions

1. Within 5 working days after having a ground specified in Article 43 of this Decree, the head of an agency, organization or unit shall decide, or request a competent person managing the concerned person with positions and powers to decide, on suspension from work or temporary transfer to other working positions for the person with positions and powers.

2. The application of the measure of suspension from work or temporary transfer to other working positions for persons with positions and powers shall be decided by heads of agencies, organizations or units or competent persons managing cadres, civil servants and public employees, depending on the nature and severity of violations and requirements on arrangement and employment of cadres, civil servants and public employees within such agencies, organizations or units.

3. A decision on suspension from work or temporary transfer to another working position for a person with positions and powers must state the full name of such person; period of suspension or transfer; reason for suspension or transfer; rights and obligations of such person; and effect of the decision.

4. A decision on suspension from work or temporary transfer to another working position for a person with positions and powers shall be sent to such person, his/her agency, organization or unit, and agency, organization or unit that receives him/her.

5. In case another law prescribes the order and procedures for suspension from work or temporary transfer to other working positions, such law shall apply.

Article 47. Period of suspension from work or temporary transfer to other working positions

The period of suspension from work or temporary transfer to another working position is 90 days from the date of issuance of a decision on suspension from work or temporary transfer to another working position.

Article 48. Annulment of decisions on suspension from work or temporary transfer to other working positions

1.[9] Within 5 working days after a competent agency or organization concludes that the person with positions and powers has committed no act of corruption, the person having issued the decision on suspension from work or temporary transfer to another working position for the person with positions and powers shall annul such decision.

2. A decision annulling suspension from work or temporary transfer to another working position for a person with positions and powers shall be sent to such person, his/her agency, organization or unit, and agency, organization or unit that receives him/her.

Article 49. Disclosure of decisions on suspension from work or temporary transfer to other working positions

Within 5 working days after issuing a decision on suspension from work or temporary transfer to another working position, the person having issued such decision shall disclose it in one of the following forms:

1. Publicizing it at the plenary meeting of the agency, organization or unit where the person suspended from work or temporarily transferred to another working position works;

2. Posting it up at the office of the agency, organization or unit where the person suspended from work or temporarily transferred to another working position works for 15 consecutive days.

Article 50. Order, procedures and time limit for issuance of decisions on suspension from work or temporary transfer to other working positions for persons with positions and powers who are members of political organizations or socio-political organizations

The order, procedures and time limit for issuance of decisions on suspension from work or temporary transfer to other working positions for persons with positions and powers who are members of political organizations or socio-political organizations must comply with the Anti-Corruption Law, this Decree, and charters and regulations of such organizations.

 

Section 4

REGIMES AND POLICIES FOR, COMPENSATIONS FOR AND RESTORATION OF LAWFUL RIGHTS AND OBLIGATIONS OF PERSONS SUSPENDED FROM WORK OR TEMPORARILY TRANSFERRED TO OTHER WORKING POSITIONS

Article 51. Regimes and policies for persons with positions and powers during the period they are suspended from work or temporarily transferred to other working positions

During the period they are suspended from work or temporarily transferred to other working positions, persons with positions and powers are still entitled to regimes and policies as well as other lawful rights and interests like those applied before the suspension or transfer.

Article 52. Restoration of lawful rights and interests of persons with positions and powers after competent agencies or organizations conclude that such persons commit no act of corruption[10]

Persons suspended from work or temporarily transferred to other working positions may return to their previous working positions after competent agencies or organizations conclude that they commit no act of corruption; receive public apologies and compensations for the damage caused by illegal acts in issuing decisions on the suspension or temporary transfer in accordance with law.

 

Chapter VII

APPLICATION OF ANTI-CORRUPTION MEASURES TO ENTERPRISES AND ORGANIZATIONS IN THE NON-STATE SECTOR

Section 1

ANTI-CORRUPTION MEASURES TO BE APPLIED TO ENTERPRISES AND SOCIAL ORGANIZATIONS IN THE NON-STATE SECTOR

Article 53. Publicity and transparency in the organization and operation of enterprises and organizations in the non-state sector

1. In pursuance to the Anti-Corruption Law, this Decree and other relevant laws, 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, and mobilizing people’s contributions for charity activities in conformity with their organization and operation characteristics shall specify forms of publicity, contents of publicity and transparency, and responsibility to ensure internal publicity and transparency.

2. Contents of publicity and transparency include:

a/ The implementation of policies and laws related to lawful rights and interests of employees or members; salary and bonus regimes; working time, rest time and other social welfare regimes; code of conduct and internal regulations of enterprises and organizations; organizational apparatus and human resources and other contents subject to publicity and transparency in accordance with relevant regulations.

b/ In addition to the contents specified at Point a, Clause 2 of this Article, 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, and mobilizing people’s contributions for charity activities shall also publicize and make transparent the following contents: regulations on mobilization, management and use of contributions for charity activities; rights and obligations of contributors and beneficiaries; purposes of mobilization of contributions for charity activities; eligible contributors, forms and levels of mobilization of contributions; mobilization results, including lists of contributors and donors, contribution or donation form and level of each contributor or donor; and results of the management and use of mobilized amounts for charity activities.

Article 54. Control of conflicts of interests in enterprises and organizations in the non-state sector    

In pursuance to the Anti-Corruption Law, this Decree and other relevant laws, 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, and mobilizing people’s contributions for charity activities shall, in conformity with their organization and operation characteristics, control conflicts of interests as follows:

1. Specifying cases of conflicts of interests, defining the responsibility to notify and report on such cases, and publicize and disseminate them among, and provide training in the settlement thereof to, their employees and members;

2. Formulating and establishing a mechanism of receiving and processing information and reports on conflicts of interests in their enterprises and organizations, including oversight and application of other appropriate measures according to their competence to control conflicts of interests;

3. Taking measures to promptly protect lawful rights and interests of employees who notify or report conflicts of interests in their enterprises and organizations when being harmed or threatened to be harmed;

4. Reporting to competent state agencies as defined by law in case conflicts of interests lead to violations which must be promptly prevented and handled.

Article 55. Responsibilities and handling of responsibilities of heads and deputy heads of enterprises and organizations in the non-state sector for corruption occurring in their enterprises and organizations

In pursuance to the Anti-Corruption Law, this Decree and other relevant laws, 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, and mobilizing people’s contributions for charity activities shall, in conformity with their organization and operation characteristics, define responsibilities of their heads as follows:

1. Defining specific responsibilities of their heads and deputy heads for corruption occurring in their enterprises and organizations;

2. Specifying forms of handling of responsibilities and cases eligible for consideration of responsibility exclusion, exemption, reduction or aggravation for heads and deputy heads for corruption occurring in their enterprises and organizations;

3. Specifying the order and procedures for handling responsibilities of heads and deputy heads for corruption occurring in their enterprises and organizations.

Section 2

INSPECTION OF THE IMPLEMENTATION OF THE ANTI-CORRUPTION LAW BY ENTERPRISES AND ORGANIZATIONS IN THE NON-STATE SECTOR

Article 56. Entities subject to inspection

Subject to inspection are:

1. Public companies;

2. Credit institutions;

3. 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, and mobilizing people’s contributions for charity activities.

Article 57. Contents of inspection

1. Assurance of publicity and transparency under Article 53 of this Decree.

2. Control of conflicts of interests under Article 54 of this Decree.

3. Performance of responsibilities of heads and deputy heads for corruption occurring in their enterprises and organizations under Article 55 of this Decree.

4. Other contents regarding the implementation of the anti-corruption law in enterprises and organizations in the non-state sector.

Article 58. Bases for issuance of inspection decisions

The issuance of an inspection decision must have one of the following bases:

1. Signs of failure to properly implement the provisions on corruption prevention measures, including failure to issue regulations; failure to apply or improperly or inadequately applying prescribed measures; or applying measures without inspection and supervision under regulations;

2. Requirements of the settlement of reports on or denunciations against violations in the application of corruption prevention measures.

Article 59. Inspection competence  

1. Inspectorates of ministries managing main business sectors or lines of public companies and credit institutions are competent to inspect the implementation of the anti-corruption law by such companies and institutions, except the cases specified at Point a, Clause 3, and Clause 4, of this Article.

2. The Inspectorate of the Ministry of Home Affairs shall inspect the implementation of the anti-corruption law by social organizations established under decisions of, or having their charters approved by, the Minister of Home Affairs, and mobilizing people’s contributions for charity activities, except the cases specified in Clause 4 of this Article.

3. Provincial inspectorates shall inspect implementation of the anti-corruption law by:

a/ Public companies and credit institutions with their head offices located in their provinces when having the bases specified in Article 58 of this Decree and inspectorates of ministries managing main business sectors or lines of such companies and institutions fail to carry out inspection. Inspection decisions shall be sent to the Government Inspectorate and competent ministerial inspectorates.

Before issuing inspection decisions, chiefs of provincial inspectorates shall consult chiefs of competent ministerial inspectorates. In case no agreement can be reached, they shall report such to the Inspector-General of the Government Inspectorate for consideration and decision.

b/ Social organizations established under decisions of, or having their charters approved by, chairpersons of provincial-level People’s Committees, and mobilizing people’s contributions for charity activities.

4. The Government Inspectorate shall inspect the implementation of the anti-corruption law by social organizations established under decisions of, or having their charters approved by, the Prime Minister, and mobilizing people’s contributions for charity activities; and enterprises and organizations for which inspection is not carried out by the inspectorates specified in Clause 1, 2 or 3 of this Article when assigned by the Prime Minister or having the bases specified in Article 58 of this Decree.

Article 60. Tasks and powers of inspection decision issuers, inspection team heads and members; order and procedures for inspection

1. In the course of inspection, inspection decision issuers, inspection team heads and members have the tasks and powers provided by the inspection law.

2. The order and procedures for inspection of the implementation of the anti-corruption law must comply with the inspection law.

Article 61. Inspection conclusions  

1. An inspection conclusion must have the following contents:

a/ Conclusions on inspected contents;

b/ Conclusions on responsibilities of the head of the inspected enterprise or organization in organizing and directing the implementation of the anti-corruption law, which are classified as irresponsibility in management work or poor managerial capacity;

c/ Request for application by the inspected enterprise or organization of measures to address shortcomings or errors in the implementation of the anti-corruption law;

d/ Handling or proposal on handling by a competent person of the enterprise or organization for its violation of the anti-corruption law in accordance with law.

2. Inspection conclusions shall be publicized in accordance with the inspection law. In case it is concluded that enterprises or organizations have violated the anti-corruption law, the following acts shall be taken:

a/ Sending a list of violating enterprises to the ministries and agencies managing main business sectors or lines of such enterprises for summarization, monitoring, management and publicization on their portals;

b/ Sending a list of violating organizations to the Ministry of Home Affairs or provincial-level Departments of Home Affairs according to the management power decentralization for summarization, monitoring, management and publicization on their portals.

3. In case a violation of the anti-corruption law shows a sign of crime, an inspection decision issuer shall transfer the inspection file to an investigating body and concurrently notify such in writing to the same-level procuracy in accordance with law.

Article 62. Rights and obligations of enterprises and organizations subject to inspection

Rights and obligations of enterprises and organizations subject to inspection must comply with the inspection law.

Article 63. Handling of overlaps in inspection of the implementation of the anti-corruption law by enterprises and organizations

1. Upon detecting an overlap in the inspection scope, objects, contents or period among ministerial inspectorates or between ministerial inspectorates and provincial inspectorates, related inspectorates shall coordinate with and consult one another and reach agreement on handling measures, specifically as follows:

a/ For an inspection with an overlap in the inspection scope, objects, contents or period among ministerial inspectorates, the inspectorate of the ministry with the function of state management of the main operation field or sector of the inspected enterprise or organization shall carry out it;

b/ For an inspection with an overlap in the inspection scope, objects, contents or period between a ministerial inspectorate and a provincial inspectorate, the ministerial inspectorate shall carry out it.

2. In case inspectorates cannot reach agreement on addressing of an overlap or an inspected enterprise or organization files a request or report on an overlap in the inspection, the Government Inspector-General shall consider and decide on addressing of the overlap.

Within 10 days after receiving a written request or report on an overlap in the inspection scope, objects, contents or period, the Inspector-General of the Government Inspectorate shall give his/her written opinions on addressing of the overlap.

 

Chapter VIII

PROVISION OF INFORMATION AT REQUEST OF AGENCIES AND ORGANIZATIONS

Article 64. Rights and obligations of agencies and organizations requesting provision of information

1. Agencies and organizations requesting provision of information have the following rights:

a/ To request provision of information about operation of agencies, organizations and units under Clause 1, Article 14 of the Anti-Corruption Law;

b/ To receive information which they request or written replies on refusal to provide information or postponement in provision of information;

c/ To file complaints about refusal to provide information or failure to perform the obligation to provide information in accordance with law.

2. Agencies and organizations requesting provision of information have the following obligations:

a/ To request in writing the provision of information, clearly stating their full names and addresses and reasons for the request;

b/ To exercise the right to request provision of information in accordance with the Anti-Corruption Law and this Decree;

c/ To refrain from abusing the right to request provision of information to cause disturbance or to commit illegal acts causing damage to agencies, organizations or individuals;

d/ To abide by legally effective decisions on settlement of complaints concerning the response to requests for provision of information.

Article 65. Rights and obligations of agencies, organizations and units requested to provide information

1. Agencies, organizations and units requested to provide information have the following rights:

a/ To know reasons for requests for provision of information;

b/ To refuse to provide information classified as state secrets and other contents as prescribed by the Government, information already publicized in the mass media, printed in publications or publicly displayed, and information irrelevant to their operations;

c/ To request information recipients to use such information in a lawful manner and ensure accuracy of the used information.

2. Agencies, organizations and units requested to provide information have the following obligations:

a/ To provide information in writing to requesters according to the order and procedures and within the time limit prescribed in the Anti-Corruption Law and this Decree;

b/ To give written replies, clearly stating reasons, to requesters in case of refusal to provide information or postponement in provision of information;

c/ To guide the access to requested information in case such information has been publicized in the mass media, printed in publications or publicly displayed;

d/ To abide by legally effective decisions on settlement of complaints concerning the response to requests for provision of information.

Article 66. Responsibilities of heads of agencies, organizations and units in provision of information at the request of agencies and organizations

Heads of agencies, organizations and units shall organize and direct provision of information; and take responsibility for breaches of the obligation to provide information committed by their agencies, organizations and units in accordance with the Anti-Corruption Law, this Decree and other relevant regulations.

Article 67. Forms of request for provision of information by agencies and organizations

1. Requests for provision of information shall be made in writing or in the form of data message.

2. Documents or data messages on requests for provision of information shall be sent directly, by post or electronically to agencies, organizations, units and individuals requested to provide information.

Article 68. Response to requests for provision of information

Within 10 days after receiving a request for provision of information, an agency, organization or unit requested to provide information shall take one of the following acts:

1. Providing information if the requested information contents satisfy the following conditions:

a/ Being eligible for publicity in accordance with the Anti-Corruption Law and this Decree;

b/ Being within its scope of operation;

c/ Having not yet been publicized in the mass media, printed in publications or publicly displayed.

2. Giving a written reply to the requester on refusal to provide information in case the requested information contents fail to satisfy the conditions specified in Clause 1 of this Article, clearly stating the reason for refusal.

3. If the requested information has been publicized in the mass media, printed in publications or publicly displayed, providing guidance on how to access such information in the written reply to the requester.

Article 69. Guarantee for the right of agencies and organizations to request provision of information  

1. In case an agency or organization requesting provision of information has grounds to believe that the provision of information is insufficient or unlawful, it may file a complaint.

2. The filing and settlement of complaints about the right to request provision of information shall be carried out in accordance with the law on complaints.

 

Chapter IX

INFORMATION AND REPORTING ON ANTI-CORRUPTION WORK

Article 70. Reports of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees

1. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall report on their anti-corruption work to the Government, and send their reports to the Government Inspectorate for making annual reports on anti-corruption work.

2. The Government Inspectorate shall assist the Government in prescribing the information and reporting regime; guide, inspect and urge ministries, sectors and localities in implementing the information and reporting regime and making annual reports on anti-corruption work nationwide.

Article 71. Responsibilities of ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall prescribe in detail the information and reporting regime; direct, urge and inspect the implementation of the regime of information and reporting on anti-corruption work under the management by their ministries, sectors and localities.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall take responsibility for the accuracy and objectivity of their reports on anti-corruption work.

Article 72. Exchange of information between the Government Inspectorate and the Ministry of Public Security, Supreme People’s Procuracy, Supreme People’s Court and State Audit Office of Vietnam

1. The Government Inspectorate shall coordinate with the Ministry of Public Security, Supreme People’s Procuracy, Supreme People’s Court and State Audit Office of Vietnam in exchanging and providing information, documents and experience on anti-corruption work in their inspection, investigation, supervision, trial and auditing activities.

2. The exchange and provision of information and documents on anti-corruption work under Clause 1 of this Article shall be carried out in a swift, accurate and timely manner.

Article 73. Exchange of information on anti-corruption work between the Government Inspectorate and other organizations  

1. The Government Inspectorate shall coordinate with the Central Committee and member organizations of the Vietnam Fatherland Front, Vietnam Chamber of Commerce and Industry, business and trade associations, and press agencies in regularly exchanging and providing information and documents on anti-corruption work through their activities.

2. The exchange and provision of information and documents on anti-corruption work under Clause 1 of this Article shall be carried out in a swift, accurate and timely manner.

Article 74. Exchange of information on anti-corruption work in localities

Provincial-level People’s Committees shall assume the prime responsibility for, and coordinate with provincial-level procuracies, people’s courts and Vietnam Fatherland Front Committees, local business and trade associations and press agencies in, exchanging and providing information and documents on anti-corruption work in their localities.

Article 75. Publicization of annual reports on anti-corruption work

1. Annual reports on anti-corruption work of provincial-level People’s Committees shall be publicized by chairpersons of provincial-level People’s Committees on their portals no later than the last working day of March every year.

2. Annual reports on anti-corruption work of ministries, ministerial-level agencies and government-attached agencies shall be publicized by ministers and heads of these agencies on portals of such ministries and agencies no later than the last working day of March every year.

3. Annual reports on anti-corruption work of the Government shall be publicized by the Prime Minister on the Government Portal no later than the last working day of April every year.

 

Chapter X

HANDLING OF RESPONSIBILITIES OF HEADS AND DEPUTY HEADS OF AGENCIES, ORGANIZATIONS AND UNITS FOR CORRUPTION OCCURRING IN THEIR AGENCIES, ORGANIZATIONS AND UNITS AND HANDLING OF OTHER VIOLATIONS OF THE ANTI-CORRUPTION LAW

Section 1

HANDLING OF RESPONSIBILITIES OF HEADS AND DEPUTY HEADS OF AGENCIES, ORGANIZATIONS AND UNITS FOR CORRUPTION OCCURRING IN THEIR AGENCIES, ORGANIZATIONS AND UNITS

Article 76. Bases for determination of responsibilities

1. The determination of responsibilities of heads and deputy heads of agencies, organizations and units shall be based on the severity of corruption cases.

2. The severity of corruption cases shall be determined as follows:

a/ A less serious corruption case means a case where a person commits an act of corruption which is not serious enough for criminal handling or which is serious enough for criminal handling in the form of fine, non-custodial reform or imprisonment of up to 3 years;

b/ A serious corruption case means a case where a person commits an act of corruption which is serious enough for criminal handling with imprisonment of between over 3 years and 7 years;

c/ A very serious corruption case means a case where a person commits an act of corruption which is serious enough for criminal handling with imprisonment of between over 7 years and 15 years;

d/[11] A particularly serious corruption case means a case in which a person committing an act of corruption is subject to imprisonment of between over 15 years and 20 years, life imprisonment or death penalty.

Article 77. Forms of discipline

If letting corruption cases occur in agencies, organizations or units under their management, heads or deputy heads of such agencies, organizations or units shall, depending on the nature and severity of such cases, be disciplined as follows:

1. Heads or deputy heads of agencies, organizations or units who are officials, civil servants, public employees or managers of state enterprises shall be subject to one of the following forms of discipline:

a/ Reprimand;

b/ Caution;

c/ Dismissal.

2. Heads or deputy heads of agencies, organizations or units of socio-political-professional organizations, socio-professional organizations or social organizations shall be disciplined in accordance with current regulations and charters of such organizations.

3. Heads or deputy heads of agencies, organizations or units who are officers, non-commissioned officers or professional soldiers of the People’s Army or People’s Public Security forces shall be disciplined in accordance with current regulations applicable to them.

Article 78. Application of forms of discipline

1. Reprimand shall be applied to heads and deputy heads of agencies, organizations and units who let one less serious corruption case occur.

2. Caution shall be applied to heads and deputy heads of agencies, organizations and units who let one serious corruption case or more than one less serious corruption case occur in their agencies, organizations and units.

3. Dismissal shall be applied to heads and deputy heads of agencies, organizations and units who let one very serious or particularly serious corruption case or more than one serious corruption case occur in their agencies, organizations and units.

Article 79. Responsibility to consider disciplining

Within 30 working days after obtaining an official conclusion or report of a competent agency or person on a corruption case or after a corruption judgment becomes legally effective, the head of an immediate superior agency, organization or unit shall consider disciplining or report to a competent authority for consideration of disciplining of the head and deputy heads of the agency, organization or unit who take direct responsibility or joint responsibility for corruption.

Article 80. Competence, order and procedures for handling of responsibilities of heads and deputy heads   

The competence, order and procedures for handling of responsibilities of heads and deputy heads of agencies, organizations and units must comply with the regulations on disciplining of cadres, civil servants and public employees.

Section 2   

DISCIPLINING AND ADMINISTRATIVE SANCTIONING OF OTHER ACTS VIOLATING THE ANTI-CORRUPTION LAW

Article 81. Handling of violations of regulations on publicity and transparency

1. Official duty or task performers who violate regulations on publicity and transparency shall be:

a/ Reprimanded, if they violate regulations on contents and forms of, and time limit for, publicity, provision of information, accountability and regime of reporting on anti-corruption work;

b/ Cautioned, if they fail to ensure publicity, organize press conferences, provide information, make explanatory statements or make and publicize reports on anti-corruption work.

2. Caution shall be applied to heads of agencies, organizations and units who commit violations in the organization, direction, examination and supervision of regulations on publicity and transparency.

Article 82. Handling of violations of regulations on regimes, norms and standards

1. Persons who permit illegal use of norms, standards and regimes and whose violations are not serious enough for penal liability examination shall be cautioned, refund the illegally used value and pay compensations for damage, if any.

2. Persons who illegally use norms, standards and regimes and whose violations are not serious enough for penal liability examination shall take joint responsibility for paying compensations for the excessively used value and be:

a/ Reprimanded, if they do not know that the use is illegal;

b/ Cautioned, if they know or must know that the use is illegal.

3. Unauthorized persons who illegally use norms, standards and regimes and whose violations are not serious enough for penal liability examination shall be cautioned, refund the illegally used value, and pay compensations for damage, if any.

Article 83. Handling of violations of the code of conduct by persons with positions and powers in agencies, organizations and units

1. Persons with positions and powers who commit the violations specified in Clause 2, Article 20 of the Anti-Corruption Law not serious enough for penal liability examination shall be:

a/ Reprimanded, if they commit for the first time an act of harassing or causing troubles to citizens for bribes in their job performance or illegally using information of their agencies, organizations and units;

b/ Cautioned, if they commit the act of harassing or causing troubles to citizens for bribes in their job performance or illegally using information of their agencies, organizations and units and have been reprimanded; or provide consultancy to enterprises, organizations or other persons at home or abroad on matters which fall within their competence or which they take part in settling;

c/ Dismissed or forced to resign, if they provide consultancy to enterprises, organizations or other persons at home or abroad on matters related to state secrets or work secrets;

d/ Dismissed or forced to resign, if they found or take part in managing or administering sole proprietorships, limited liability companies, joint stock companies, partnerships or cooperatives, unless otherwise provided by a law.

2. Caution shall be applied to heads and deputy heads of agencies, organizations and units who commit for the first time an act of appointing their spouses, blood parents, children or siblings to managerial posts in charge of organization and personnel, accountants, treasurers or warehouse keepers in their agencies, organizations and units or to conduct transactions, purchase or sell goods or services or enter into contracts with their agencies, organizations and units.

3. Dismissal shall be applied to heads and deputy heads of agencies, organizations and units who commit an act of appointing their spouses, blood parents, children or siblings to managerial posts in charge of organization and personnel, accountants, treasurers or warehouse keepers in their agencies, organizations and units or to conduct transactions, purchase or sell goods or services or enter into contracts with their agencies, organizations and units and have been reprimanded; and heads and deputy heads of state agencies contributing capital to enterprises operating in sectors or trades of which they directly perform the state management or letting their spouses, parents or children conduct business in sectors or trades of which they directly perform the state management.

4. Members of Boards of Directors, members of Members’ Councils, presidents, directors general, deputy directors general, directors, deputy directors, chief accountants and holders of other managerial titles or positions in state enterprises who commit an act of entering into contracts with enterprises owned by their spouses, blood parents, children or siblings; permit enterprises owned by their spouses, blood parents, children or siblings to participate in bid packages of their enterprises; appoint their spouses, blood parents, children or siblings to managerial positions in charge of organization and personnel, accountants, treasurers or warehouse keepers in their enterprises or to conduct transactions, purchase or sell goods or services or enter into contracts with their enterprises and whose violations are not serious enough for penal liability examination shall be:

a/ Reprimanded, if they commit such acts for the first time;

b/ Cautioned, if they have been reprimanded for such acts but relapse into violation.

5. In addition to disciplining under Clauses 1 thru 4 of this Article, related agencies, organizations, units and individuals shall apply the measure of remediating consequences or paying compensation for damage in accordance with law.

Article 84. Handling of violations of regulations on conflicts of interests

1. Official duty or task performers who know or must know their involvement in conflicts of interests but fail to report thereon shall be:

a/ Reprimanded, if they commit the violation for the first time;

b/ Cautioned, if they have been reprimanded for but relapse into the violation or commit the violation for the first time which cause serious consequences.

2. Competent persons who know or must know the existence of conflicts of interests but fail to apply measures to control them in accordance with the Anti-Corruption Law shall be:

a/ Reprimanded, if they commit the violation for the first time;

b/ Cautioned, if they have been reprimanded for but relapse into the violation or commit the violation for the first time which cause serious consequences.

Article 85. Handling of violations of regulations on reporting on acts of corruption and processing of reports on acts of corruption

1. Cadres, civil servants, public employees and workers who detect acts of corruption in their agencies, organizations and units but fail to report thereon to heads of their agencies, organizations and units shall be:

a/ Reprimanded, if they commit the violation for the first time;

b/ Cautioned, if they have been reprimanded for but relapse into the violation or commit the violation for the first time but let serious corruption cases occur.

2. Heads of agencies, organizations and units who receive reports on acts of corruption but fail to handle them shall be:

a/ Reprimanded, if they commit the violation for the first time;

b/ Cautioned, if they have been reprimanded for but relapse into the violation or commit the violation for the first time but let serious corruption cases occur;

c/ Dismissed, if they have been cautioned for but relapse into the violation or commit the violation for the first time but let very serious or particularly serious corruption cases occur.

Article 86. Competence, order and procedures for disciplining persons who commit other acts violating anti-corruption regulations

1. For cadres, civil servants and public employees, the disciplining competence, order and procedures must comply with regulations on disciplining of cadres, civil servants and public employees.

2. For persons working in agencies, organizations and units of the People’s Army and People’s Public Security forces, the disciplining competence, order and procedures must comply with regulations on disciplining of personnel of the People’s Army and People’s Public Security forces.

3. For persons working in state enterprises, the disciplining competence, order and procedures must comply with regulations on disciplining of employees of state enterprises.

4. Cadres, civil servants and public employees who are members of the Communist Party of Vietnam shall, in addition to being disciplined in accordance with law, be considered for disciplining in accordance with the Party’s Statute.

5. For persons working in socio-political organizations, social organizations, socio-professional organizations, or other organizations or enterprises in the non-state sectors, the disciplining competence, order and procedures must comply with charters or regulations of such organizations or enterprises.

Article 87. Administrative sanctioning of other acts violating the anti-corruption law in enterprises, organizations and units in the state sector

The administrative sanctioning of other acts violating the anti-corruption law in state enterprises and other organizations and units which are established or directly or partly managed or have their physical foundations invested or their operating funds wholly or partly allocated by the State to serve general and essential development requirements of the State and society shall be carried out in accordance with regulations on sanctioning of administrative violations in the management and use of state property and other relevant regulations.

Chapter XI

IMPLEMENTATION PROVISIONS

Article 88. Effect[12]

1. This Decree takes effect on August 15, 2019.

2. The following legal documents cease to be effective on the effective date of this Decree:

a/ The Government’s Decree No. 107/2006/ND-CP of September 22, 2006, on the handling of responsibilities of heads of agencies, organizations and units for corruption occurring in their agencies, organizations and units;

b/ The Government’s Decree No. 47/2007/ND-CP of March 27, 2007, detailing and guiding a number of articles of the Anti-Corruption Law regarding the role and responsibilities of the society in anti-corruption work;

c/ The Government’s Decree No. 102/2007/ND-CP of June 14, 2007, prescribing the period during which cadres, civil servants and public employees are prohibited from doing business in the fields under their management after they no longer hold positions;

d/ The Government’s Decree No. 158/2007/ND-CP of October 27, 2007, promulgating the list of working positions subject to periodical reassignment and reassignment cycles for cadres, civil servants and public employees;

dd/ The Government’s Decree No. 59/2013/ND-CP of June 17, 2013, detailing a number of articles of the Anti-Corruption Law;

e/ The Government’s Decree No. 90/2013/ND-CP of August 8, 2013, prescribing the accountability of state agencies in the performance of their assigned tasks and exercise of their vested powers;

g/ The Government’s Decree No. 211/2013/ND-CP of December 19, 2013, amending and supplementing a number of articles of the Government’s Decree No. 107/2006/ND-CP of September 22, 2006, on the handling of responsibilities of heads of agencies, organizations and units for corruption occurring in their agencies, organizations and units;

h/ The Government’s Decree No. 150/2013/ND-CP of November 1, 2013, amending and supplementing a number of articles of the Government’s Decree No. 158/2007/ND-CP of October 27, 2007, promulgating the list of working positions subject to periodical reassignment and reassignment cycles for cadres, civil servants and public employees;

i/ The Prime Minister’s Decision No. 64/2007/ND-CP of May 10, 2007, promulgating the Regulation on offer, receipt and return of gifts of agencies, organizations and units funded by the state budget and of cadres, civil servants and public employees.

Article 89. Implementation responsibility 

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

THE GOVERNMENT INSPECTORATE

THIS CONSOLIDATED TEXT IS AUTHENTICATED BY

No. 01/VBHN-TTCP

Hanoi, April 19, 2022

For the Inspector-General of the Government Inspectorate

Deputy Inspector-General
TRAN NGOC LIEM

 

 

 

 

APPENDIX

LIST OF WORKING POSITIONS SUBJECT TO PERIODICAL REASSIGNMENT

(To the Government’s Decree No. 59/2019/ND-CP of July 1, 2019)

A. MANAGEMENT OF BUDGETS AND PROPERTY IN AGENCIES AND UNITS

1. Budget allocation.

2. Accountancy.

3. Public procurement.

B. JOBS IN DIRECT CONTACT WITH, AND SETTLING AFFAIRS OF, CITIZENS AND ENTERPRISES

I. ORGANIZATION AND PERSONNEL

1. Appraisal of personnel-related criteria for submission to competent authorities for appointment, assignment, rotation, training and retraining of cadres, civil servants and public employees.

2. Recruitment of civil servants and public employees; examination for rank promotion for civil servants and public employees; examination for promotion of professional titles of public employees.

3. Examination of dossiers for submission to competent authorities for approval of organizational structures and payrolls.

4. Appraisal of schemes on establishment or reorganization of state agencies, organizations, units and enterprises, non-governmental organizations and trade associations.

5. Examination of dossiers of request for establishment, merger, division or adjustment of boundaries of administrative units at all levels.

6. Examination of dossiers for submission to competent authorities for decision on forms of emulation, commendation and discipline.

7. Allocation of training demands and budgets.     

8. Management and implementation of the salary regime for cadres, civil servants, public employees and workers.

II. FINANCE AND BANKING

1. Management of taxpayers.

2. Collection, control, refund and finalization of taxes and management and distribution of tax prints.

3. Inspection of imported goods and exported goods. 

4. Appraisal, inspection and account-finalization of funds in accordance with the Law on the State Budget.

5. Grant of operation licenses for banks and credit institutions.

6. Grant of credit extension operations at state credit institutions; appraisal and decision on grant of credit extension; performance of accounting and treasury operations.

7. Resolution of debts and non-performing loans; debt trading; appraisal and valuation in auction.

8. Allocation of money and goods from the State Treasury and national reserves.

9. Payment of social insurance and health insurance sums.

10. Licensing of foreign exchange, and gold, silver and gemstone trading.

11. Banking operation inspection and supervision.

III. INDUSTRY AND TRADE

1. Grant of import and export and trade service licenses.

2. Grant of licenses related to assurance of safety standards in production and business activities.

3. Market control.

IV. CONSTRUCTION

1. Construction licensing.

2. Appraisal of construction projects.

3. Management of construction master plans.

4. Quality management and supervision of construction works.

5. Project appraisal, planning, control, supervision, coordination, compensation and ground clearance.

V. TRANSPORT

1. Technical inspection and management of transport works.

2. Registration and inspection of means of transport.

3. Testing and licensing of vehicle operators or drivers.

4. Project appraisal, planning, control, supervision, coordination, compensation and ground clearance.

VI. HEALTH

1. Grant of food hygiene and safety certificates.

2. Grant of medical and pharmaceutical practice certificates.

3. Grant of licenses or certificates to establishments satisfying livestock feed production standards.

4. Grant of medicine import permits.

5. Grant of insecticide and disinfectant import permits.

6. Grant of cosmetics import certificates.

7. Inspection of product standards and quality.

8. Management, supervision and supply of medicines; pharmaceutical materials, medical tools, equipment and supplies; and dyeing products related to the protection and care of human health and social interests.

9. Appraisal and valuation of medicines.

VII. CULTURE, SPORTS AND TOURISM

1. Examination of dossiers of application for and grant of international tour operator licenses.

2. Examination of dossiers of application for and grant of national relic certificates.

3. Examination of dossiers of application for and grant of archaeological exploration and excavation licenses.

4. Examination of dossiers of application for and grant of permits to bring relics and antiques not owned by the State, political organizations or socio-political organizations abroad.

5. Examination of dossiers of application for and grant of licenses for art performance, fashion shows, beauty pageants, model contests.

6. Examination of dossiers of application for and grant of import permits for cultural products not for commercial purposes.

7. Examination and submission of dossiers to competent authorities for decision on class recognition of tourist accommodation establishments.

8. Examination of dossiers of application for and grant of permits for programs, features, stage acts and performances to be performed abroad by Vietnamese troupes and artists or in Vietnam by foreign troupes and artists.

9. Appraisal and submission to competent authorities for approval of projects on preservation, embellishment and restoration of national historical relics and special national relics in accordance with law.

10. Submission for approval of, or reaching agreement on, construction of works in category-II protected areas for national relics and special national relics.

VIII. INFORMATION AND COMMUNICATIONS

1. Grant of licenses for post, telecommunications, information technology, press and publication operations.

2. Allocation and distribution of information resources (number stores, frequencies, Internet resources, satellite orbits).

3. Management of advertisements on radio and television broadcasts and in the Internet.

4. Distribution, appraisal and management of projects and schemes in the field of information and communications technology.

IX. NATURAL RESOURCES AND ENVIRONMENT

1.[13] Grant of certificates of land use rights, land lease, land allocation, and ownership and use rights of land-attached assets.

2. Grant of mineral survey, exploration, exploitation and processing licenses.

3. Grant of hazardous waste treatment and transport licenses.

4. Grant of environmental standard conformity certificates.

5. Grant of licenses for water resource exploration, exploitation and use and discharge of wastewater into water sources.

6. Processing of dossiers for land allocation, land lease, land recovery, land repurposing, or registration of land use rights and ownership and use rights of land-attached property.

7. Sale or lease of land-attached property; allocation of land quotas; management of payment of compensations and identification of land users entitled to compensations and support; compensation and support levels for ground clearance.

8. Handling of environmental violations.

X. AGRICULTURE AND RURAL DEVELOPMENT

1.[14] Management of animals on the list of precious and rare animals.

2. Animal quarantine.

3. Forest protection.

4. Control of veterinary drugs, pesticides, and animal, livestock and poultry diseases.

5. Monitoring, management and protection of aquatic resources and management of aquatic animal quality, safety, hygiene and health.

XI. INVESTMENT AND FOREIGN AFFAIRS

1. Appraisal of conditions and grant of investment certificates to foreign investors in Vietnam and Vietnamese investors making offshore investment.

2. Appraisal of projects.

3. Bidding and bidding management.

4. Formulation, assignment and management of capital plans.

5. Management of master plans.

6. Management of industrial parks and export processing zones.

7. Management of enterprises and business registration.

8. Management of official development assistance (ODA).

9. Receipt and processing of consular dossiers.

XII. JUSTICE

1. Executors of civil judgment enforcement offices at all levels.

2. Civil judgment enforcement verifiers.

3. Registration of inter-country marriages and secured transactions.

4. Judicial correction and certification.

XIII. LABOR, INVALIDS AND SOCIAL AFFAIRS

1. Examination of dossiers for grant of licenses for services of sending Vietnamese guest workers.

2. Examination of dossiers for establishment of vocational colleges and intermediate schools; grant of job training registration certificates for vocational institutions; allocation of vocational demands and funds.

3. Examination of dossiers of people with meritorious services to the revolution; approval and allocation of preferential funds for people with meritorious services to the revolution.

4. Examination of dossiers and grant of certificates of eligibility for technical safety inspection.

5. Examination of dossiers and grant of work permits to foreigners in Vietnam.

XIV. SCIENCE AND TECHNOLOGY

1. Scientific and technological cooperation and exchange involving foreign elements.

2. Examination of dossiers for grant, modification, revocation or extension of licenses, certificates and registration certificates in the state management of science and technology.

3. Technology appraisal and assessment for investment projects.

4. Examination of dossiers and provision of consultancy on grant of intellectual property protection titles.

5. Allocation and appraisal of scientific research projects in the field of science and technology.

XV. EDUCATION AND TRAINING

1. Student enrollment and training of public schools.

2. Allocation of student enrollment and training quotas to schools in the national education system; allocation of postgraduate training and overseas training quotas.

3. Appraisal and approval of training and further training curricula of schools in the national education system.

4. Appraisal of textbooks, teaching aids and other technical supplies to serve teaching and research activities.

5. Examination of dossiers for establishment of schools in the national education system.

6. Management of projects and schemes in the field of education and training.

7. Allocation and appraisal of scientific research projects in the field of education and training.

XVI. NATIONAL DEFENSE

1. Policy assistants for district-level military commands.

2. Heads of district-level military commands and the equivalent.

3. Directors of provincial-level job training and placement centers.

4. Heads and deputy heads of border-guard stations.        

5. Military assistants to force commanders and assistants to officers at regiment or higher level.

6. Assistants for cadet enrollment, management, policies and insurance of military schools.

XVII. PUBLIC SECURITY

1. Issuance of passports, management of exit, entry, immigration and residence of foreigners in Vietnam.

2. Control of border gates.

3. Registration of and grant of registration number plates for vehicles; patrol, control, and handling of administrative violations related to road and railway traffic and waterway navigation order and safety.

4. Registration and management of household registration.

5. Registration and management of conditional business lines.

6. Investigators and scouts (in economics, corruption and smuggling combat, criminal justice, narcotic control and environmental protection).

7. Appraisal and approval of fire prevention designs and inspection of fire prevention safety conditions.

8. Recruitment of citizens to serve for a definite term in the People’s Public Security forces, enrollment of cadets, and recruitment of cadres and civil servants.

9. Handling of social order and safety-related violations.

10. Superintendents and wardens of prisons and detention camps.

11. Warehouse keeping, treasury keeping, management of capital, supplies, property and vehicles, management and appraisal of projects, management of works, investment plans, procurement, and allocation, and management of weapons, military equipment and supplies.

XVIII. INSPECTION AND CORRUPTION PREVENTION AND COMBAT

1. Persons engaged in inspection, reception of citizens, settlement of complaints and denunciations, or anti-corruption work of agencies, organizations and units.

2. Civil servants assigned to perform specialized inspection tasks.-

 

[1] Công Báo Nos 325-326 (30/4/2022)

[2]  The Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law, is promulgated on the following bases:

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the November 20, 2018 Anti-Corruption Law;

At the proposal of the Inspector-General of the Government Inspectorate;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.

[3] This Point is amended under Clause 1, Article 1 of the Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.

[4] This Clause is amended under Clause 2, Article 1 of the Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.

 

[5] This Clause is amended under Clause 3, Article 1 of the Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.

 

[6] This Clause is amended under Clause 4, Article 1 of the Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.

 

[7] This Point is amended under Clause 5, Article 1 of the Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.

 

[8] This Point is amended under Clause 6, Article 1 of the Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.

 

[9] This Clause is amended under Clause 7, Article 1 of the Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.

 

[10] This Article is amended under Clause 8, Article 1 of the Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.

 

[11] This Point is amended under Clause 9, Article 1 of the Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.

 

[12] Article 2 of the Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law, prescribes as follows:

“Article 2. Implementation provision

This Decree takes effect on February 15, 2022.”

[13] This Item is amended under Clause 10, Article 1 of the Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.

 

[14] This Item is amended under Clause 11, Article 1 of the Government’s Decree No. 134/2021/ND-CP of December 30, 2021, amending and supplementing a number of articles of the Government’s Decree No. 59/2019/ND-CP of July 1, 2019, detailing a number of articles of, and providing measures to implement, the Anti-Corruption Law.

 

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