Decree 134/2021/ND-CP amending Decree 59/2019/ND-CP detailing the Anti-Corruption Law

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 measures to implement, the Anti-Corruption Law^[1]

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 Government Inspector General;

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 measures to implement, the Anti-Corruption Law.

Article 1. To amend and supplement 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 measures to implement, the Anti-Corruption Law

1.To amend Point i, Clause 1, Article 1 as follows:

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

2. To amend Clause 3, Article 21 as follows:

“3. 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.”

3. To amend Clause 1, Article 31 as follows:

“1. 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.”

4. To amend Clause 2, Article 34 as follows:

“2. 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.”

5. To amend Point b, Clause 2, Article 44 as follows:

b/ 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.”

6. To amend Point d, Clause 1, Article 45 as follows:

“d/ 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.”

7. To amend Clause 1, Article 48 as follows:

“1. 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.”

8. To amend Article 52 as follows:

“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

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.”

9. To amend Point d, Clause 2, Article 76 as follows:

“d/ 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.”

10. To amend Item 1, Section IX, Part B of the Appendix on the List of working positions subject to periodical reassignment as follows:

“1. Grant of land use rights certificates, land lease and allocation, and grant of certificates of ownership and use rights of land-attached assets.”

11. To amend Item 1, Section X, Part B of the Appendix on the List of working positions subject to periodical reassignment as follows:

“1. Management of animals on the list of precious and rare animals.”

Article 2. Implementation provision

This Decree takes effect on February 15, 2022.

Article 3. Implementation responsibility

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

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE MINH KHAI