Decree No. 59/2013/ND-CP of June 17, 2013, detailing a number of articles of the Anti-Corruption Law

THE GOVERNMENT

Decree No. 59/2013/ND-CP of June 17, 2013, detailing a number of articles of the Anti-Corruption Law

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to Anti-Corruption Law No. 55/2005/QH11, which was amended under Law No. 01/2007/QH12 and Law No. 27/2012/ QH13;

At the request of the Government Inspector General;

The Government promulgates the Decree detailing a number of articles of the Anti- Corruption Law.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of the Anti-Corruption Law regarding acts of corruption, publicity and transparency in activities of agencies, organizations and units; the order, procedures and periods of suspension from work and temporary transfer to other working positions; salaries, allowances, benefits, other entitlements and interests, and the compensation for and restoration of the rights and lawful interests of cadres, civil servants and public employees after competent agencies or organizations conclude that they do not commit any acts of corruption; the regime of information and reporting on anti-corruption; the regime of supervising and inspecting the implementation of the law on anti-corruption; denunciation of acts of corruption; formulation and implementation of regimes, norms and standards, and some other provisions of the Anti-Corruption Law.

Article 2. Identification of acts of corruption defined in Clauses 1,2, 3,4, 5, 6 and 7, Article 3 of the Anti-Corruption Law

The acts of corruption defined in Clauses 1, 2, 3, 4, 5, 6 and 7, Article 3 of the Anti- Corruption Law are identified in accordance with the 1999 Penal Code.

Article 3. Identification of acts of corruption defined in Clauses 8, 9, 10, 11 and 12, Article 3 of the Anti-Corruption Law

The acts of corruption defined Clauses 8, 9, 10, 11 and 12, Article 3 of the Anti- Corruption Law are identified as follows:

1. Giving or brokering bribes by persons with positions or powers to settle, affairs of agencies, organizations, units or localities includes: 

a/ Giving or brokering bribes in order to have beneficial mechanisms and policies applied to agencies, organizations, units or localities;

b/ Giving or brokering bribes in order to be given priority in budget allocation to agencies, organizations, units or localities;

d Giving or brokering bribes in order to have projects assigned to or approved for agencies, organizations, units or localities;

d/ Giving or brokering bribes in order to have emulation titles or honorary state titles awarded to collectives and individuals;

dd/ Giving or brokering bribes in order to have organizational and state payroll quotas allocated to or approved for agencies, organizations, units or localities;

e/ Giving or brokering bribes in order to dodge examination, inspection, investigation or audit, or to falsify its results;

g/ Giving or brokering bribes to have other benefits provided for agencies, organizations, units or localities.

2. Taking advantage of positions or powers to illegally use state property for self-seeking interests includes:

a/ Using state property for personal affairs;

b/ Leasing or lending state property illegally;

c/ Using state property in excess of prescribed regime, norms and standards.

3. Harassment for self-seeking interests is authoritative and imperious acts that cause difficulties and troubles when performing tasks or official duties in order to force other agencies, organizations or individuals to pay extra sums of money against regulations, or to perform other acts in the interest of the harassing persons.

4. Failure to perform tasks or official duties for self-seeking interests is deliberate failure to discharge responsibilities prescribed by law in order to perform assigned tasks or official duties, or failure to comply with the competence, order, procedures and time limit related to one’s tasks or official duties for self-seeking interests.

5. Taking advantage of positions or powers to cover up law violators for self-seeking interests; illegally obstructing or intervening in the examination, inspection, audit, investigation, prosecution, adjudication or judgment enforcement for self-seeking interests includes:

a/ Abusing positions, powers or influence to conceal or alleviate violations committed by other persons;

b/ Abusing positions, powers or influence to cause difficulties to the examination, inspection, audit, investigation, prosecution, adjudication or judgment enforcement, or to falsify its results.

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